Divorce & Matrimonial Lawyer

Under normal circumstances, mutual consent divorce takes about 6-18 months due to the mandatory 6-month cooling period between first and second motion. However, the Supreme Court has allowed waiver of this period in certain cases where the marriage has irretrievably broken down and parties have been living separately for a significant period.

Under the Hindu Marriage Act, grounds for divorce include: cruelty (physical or mental), desertion for continuous period of 2 years, conversion to another religion, unsoundness of mind, incurable leprosy, venereal disease, renunciation of the world, and not being heard alive for 7 years. Additionally, wife can seek divorce on grounds of rape, sodomy, bestiality by husband, or husband's second marriage.

Courts consider multiple factors including: earning capacity and income of both spouses, lifestyle during marriage, duration of marriage, age and health of parties, custody of children, property and assets of parties, and reasonable needs of the claimant. There is no fixed formula, and each case is decided on its own merits.

Child custody is determined based on the welfare and best interests of the child. For children below 5 years, courts generally favor the mother unless she is unfit. For older children, courts consider the child's preference, parents' ability to provide, emotional bond, stability, and other relevant factors. Joint custody arrangements are also considered where appropriate.

Yes, anticipatory bail can be obtained in Section 498A cases. The Supreme Court has laid down guidelines to prevent misuse of this provision. With proper legal representation and documentation showing the allegations are false or exaggerated, anticipatory bail can be secured. We have extensive experience in obtaining bail in such matters.

Legal fees vary based on the type of case (mutual or contested), complexity of issues involved (custody, property, maintenance), number of hearings expected, and other factors. At Advocate Naveen Deo & Associates, we provide transparent fee estimates during initial consultation and offer quality legal services at reasonable costs.