What are Indian divorce laws ?

Question

1. Who gets the child custody ? What is the child support payment ?

2. Is there any alimony

3. how long does it take? What will be lawyers fee?

Answer 1

In India divorce laws are very complex & there exist not one law regarding it but basically we have many laws based on the various religions. For Hindus there is The Hindu Marriage Act, 1955 that takes in account the marriage & divorce in all Hindus which includes Jains, Sikhs & Buddhist. For Muslims there exist the Shariat Law & the Dissolution of Muslim Act, 1937. For Christians we have the Indian Christian Marriage Act, 1872 & the Indian Divorce Act, 1869 (as amended). For Parsis we have the Parsi Marriage & Divorce Act. Apart from these law based on the various religion we have civil law that are being used for inter religious, inter caste , inter race or inter national marriages & divorce these are the Special Marriage Act,1954 & the Foreign Marriage Act,1969. It will not be possible to go in details of all these laws at it will take lot of time & space to discuss them in details but one thing I can say here is that these enactments deal with various aspects of marriage & its dissolution amongst the people covered under it, they all deals with the validity of the marriage, annulment, divorce, maintenance or alimony, child custody, bigamy & other offences relating to marriages. The conditions for valid marriage, conditions for annulment & conditions for divorce are basically similar to that which are usually found in marriage & divorce relating enactments around the world for example a person committing adultery or cheating gives a ground for his or her spouse to seek divorce from him or her is available in all these enactments here in India as it is found in any such law any where in the world. There are few grounds which fail to mark presence in these India laws relating to divorce & one of which is the irreparable breaking of the matrimonial home or marriage has broken down irretrievably although this ground you'll not find in any Indian enactment but the Courts in India have taken this ground coupled with other ground to grant relief to the aggrieved party. Now coming to the question regarding custody of child, courts India follow the universally recognized principle in this regard which is the welfare of the child, this is the prime principle on the basis of which courts decide the custody of the child, based on the relevant evidence regarding the income of the parents, their educational back ground, age of the child, the marital status of the parents after the divoce,the habits or criminal background of the parents, time the parent can devote for the development of the childf,the personal presence of the child with regard to the parent, these are few of the issues that are weighed while granting custody of the child to any parent. The child support or maintenance is also decide by the court & ordered to the parent to provide it irrespective he or she gets full custody of the child or not. Alimony is being granted to the spouse who is unable to maintain or support herself on two ways firstly during the proceedings of the court in form of maintenance pendillite & secondly as permanent maintenance or alimony after any decree relating to restitution of conjugal rights or judicial or legal separation or annulment or divorce is passed such is granted on lump sum basis or on regular monthly basis & it remains payable till the wife remarries or get some source of income to maintenance herself when such can be ordered to be stopped or reduced as the case may be. Now how long a case relating to divorce take to be finally decided it all depends on what type of divorce one is seeking if it happens to be no blame divorce which is divorce by mutual consent the minimum time is not less then six months from the date of filling this joint petition & the maximum is 18 months in such a case. As far the other form, of divorce there is no time period it can take 5 to 10 years to finalize. What will be lawyer’s fee depends on the case or petition or application being which is filled in the family court, how many dates of hearing it will take etc. Such fees can range from Rs20000/- to Rs2lakhs for the whole case or on day to day basis of hearing from Rs2000/ to Rs20000/- per day hearing based on the seniority of the lawyer & the court where the proceeding going on. Hope this much information will be sufficient for you.

Answer 2

Why are you talking of Indian divorce laws when your concern should be the law under which you were married. You have not specified your religion and that of your spouse and the laws under which your marriage was solemnised. The question of child custody is decided in each individual case depending on facts of the case, which in your case is missing. Payments of alimony and child support are relevant and cannot be answered in a case like yours without knowing the full facts. If the divorce case is by mutual consent under Hindu Law, it takes less than one year because there is gap of six months before a second motion is filed. Lawyer fees vary, and you have to make enquiry.

Answer 3

How can a query be answered appropriately in the absence of any details relating to the laws under which a marriage has been performed ?

Answer 4

Refer the site http://www.advocatekhoj.com.... they are having lots of legal informations

Answer 5

In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection with wife may present a petition for alimony pending the suit.

Such petition shall be served on the husband; and the court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just.

Provided that alimony pending the suit shall in no case exceed one-fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be.

The High Court may, if it thins fit, on any decree absolute declaring a marriage to be dissolved, or on any decree of judicial separation obtained by the wife,

and the District Judge may, if he thinks fit, on the confirmation of any decree of his declaring a marriage to be dissolved, or on any decree of judicial separation obtained by the wife.

order that the husband shall, to the satisfaction of the court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may cause a proper instrument to be executed by all necessary parties.

The High Court may, if it thins fit, on any decree absolute declaring a marriage to be dissolved, or on any decree of judicial separation obtained by the wife,

and the District Judge may, if he thinks fit, on the confirmation of any decree of his declaring a marriage to be dissolved, or on any decree of judicial separation obtained by the wife.

order that the husband shall, to the satisfaction of the court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may cause a proper instrument to be executed by all necessary parties.

Court may direct payment of alimony to wife or to her trustee :

In all cases in which the court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the court, and may impose any terms or restrictions which to the court seem expedient, and may from time to time appoint a new trustee, if it appears to the court expedient so to do.

Any instrument executed pursuant to any order of the court at the time of or after the pronouncing of a decree of dissolution of marriage or judicial separation, shall be deemed valid notwithstanding the existence of the disability of coverture at the time of execution thereof.



Settlement of damages :

The court may direct that the whole or any part of the damages recovered under section 34, shall be settled for the benefit of the children of the marriage, or as a provision for the maintenance of the wife.

Inquiry into existence of ante-nuptial or post-nuptial settlements :

The High Court, after a decree absolute for dissolution of marriage, or a decree of nullity of marriage,

and the District Court, after its decree for dissolution of marriage or of nullity of marriage has been confirmed, may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders, with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children (if any) of the marriage, or of both children and parents, as to the court seems fit :

Provided that the court shall not make any order for the benefit of the parents or either of them at the expense of the children.

CUSTODY OF CHILDREN

Power to make orders as to custody of children in suit for separation :

In any suit for obtaining a judicial separation the court may from time to time, before making its decree, make such interim orders, and may make such provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the said court.

Power to make such orders after decree :

The court, after a decree of judicial separation, may upon application (by petition) for this purpose make, from time to time, all such orders and provision; with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree, or for placing such children under the protection of the said court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.

Power to make orders as to custody of children in suits for dissolution or nullity :

In any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in, or removed to, a High Court, the court may from time to time, before making its decree absolute or its decree (as the case may be), make such interim orders, and may make such provision in the decree absolute or decree,

and in any such suit instituted in a District Court, the court may from time to time, before its decree is confirmed, make such interim orders, and may make such provision on such confirmation,

as the High Court or District Court (as the case may be) deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit,

and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the court.

Power to make such orders after decree or confirmation :

The High Court after a decree absolute for dissolution of marriage or a decree of nullity of marriage

and the District Court after a decree for dissolution of marriage or of nullity of marriage has been confirmed,

may, upon application by petition for the purpose, make from time to time all such orders and provisions, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents was the subject of the decree, or for placing such children under the protection of the said court, as might have been made by such decree absolute or decree (as the case may be), or by such interim orders as aforesaid.