Author Archives: legesjurisassociates

About legesjurisassociates

Leges Juris Associates http://lawyersindelhi.com We are a Law Firm in India having a team of professional lawyers and advocates for their specialized fields of law practices in India and abroad. Our lawyers are experts in cases such as debt recovery, property, divorce, family law etc. We are experts in drafting of writ petition, drafting of agreements. We looking / handling the matters at PUNJAB & HARYANA HIGH COURT, HIMACHAL PRADESH HIGH COURT, BOMBAY HIGH COURT, KOLKATA HIGH COURT, BANGLORE, AHMDABAD, all districts courts, consumer forum within the india. The core group of lawyers in the firm excels in their core competencies mentioned against their names in the individual write up below. Besides these constituents who make the core group, the law firm has a dedicated team of associates and independently practicing professionals who are qualified to provide high quality research work, supporting drafting work, documents handling and paralegal assignments. We also draws on the resources of a vast network of independently practicing legal associates it has in different parts of the country giving the firm a pan India footprint. During the last years, the Law firm has also diversified into a variety of emerging areas which are outside the scope of conventional legal practice in India.

NRI-Divorce Lawyers in Delhi

29_12_2013-divorce29_s

.I am in India my husband/wife  filed divorce petition in USA/UK/Australia/foreign, I am not able to contest the proceeding, if he or she obtain the decree of divorce in foreign, is it valid in India ?

foreign judgment/decree of divorce then it will be valid for dissolving such Indian marriage as has been held by the Supreme Court of India in several of its judgments. The very first condition is with regard to Jurisdiction of such foreign court, what it means that both or either of the parties should be residing in the foreign country where from such decree of divorce has been obtained. The second important condition is with regard to merits of the case for divorce, whether those merits considered by the foreign court to arrive on this conclusion or not. Next, a proper notice was served to the other party with regard to such divorce proceedings & the other party was assigned a sufficient time to file his or her defense against the case, hence following the principle of natural justice. There was no fraud or force involved in such case & both the parties either mutually agreed to surrender itself to such foreign court for getting the decree of divorce or neither of them objected to such foreign court proceeding with such matter & deciding it accordingly. Lastly the decree so passed by the foreign court should not be such which may not be executable in India.

Can I File divorce petition without coming to India.

Yes, you can file divorce petition without coming to India. You can file Divorce petition from the place of residence of the respondent(in case if husband is petitioner or in case wife is petitioner), or the place of marriage or the place where the couple last lived together. wife can file wherever she resides after separation.

How many times I have to attend the court hearing  for divorce  case in India?

Its depends upon circumstances. Means if your cross examination is over on the same day then rest of proceedings are for lawyers.

How many times I have to attend the court for mutual consent divorce ?

In case of mutual consent divorce you have to attend/appear in court twice for the purpose of recording the statement in court. In so many courts now camera/video conferencing has been started and you can record your statement through the video conferencing but its totally depends upon the court to court as there are so many complication.

Should both the spouses attend the court hearing for divorce in India?

If it is for divorce by mutual consent, both of them should attend the hearing for the purpose of recording the statement but some time court may consider one if other is out of country and he or she has given the power of attorney to represent her or him in court, but remember its totally depends upon court.

can a person seek divorce Under Hindu Law within a year of marriage?

Under Section 14 of the Hindu Marriage Act, 1955, no petition for divorce can be filed within one year of the marriage. But in  exceptional circumstances, The Honorable High Court is in empowered to grant leave to file the case before the expiry of one year.

How much time it will take to get divorce in India?

If it is a divorce by mutual consent of the spouses, Six months from the date of filing. It is possible to get divorce before six months, recently The Honorable Supreme court has dissolved the marriage before expiry of six months.

How much it will cost me for getting in India?

It depends on the lawyer to lawyer as in India there is no fix fees schedules.

What are the Documents require for mutual consent divorce?

Address proof, passport size photograph of petitioner, marriage card if available, marriage certificate, marriage photographs and ID proof..etc.

how I can annulled or Nullity of my marriage ?or what is the procedure to annulment of marriage in India?

Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the marriage has not been consummated owing to the impotency of the respondent; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

can I claim or seek maintenance in divorce case proceeding?

As per section 24 of Hindu marriage act, Maintenance Pendente lite and expenses proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’ s own income and the income of the respondent, it may seem to the court to be reasonable

can I seek child custody or child visitation in divorce ?

As per section 26 of HMAct,

Custody of children. In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, 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 such children as, might have been made by such decree or interim orders in case the

proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made.

Judicial separation in India meaning and procedure.

Petition for Judicial separation may be presented on any of the grounds specified in divorce like–adultery, desertion, cruelty, chronic illness etcor on grounds of failure to comply with RCR–then it shall be no longer obligatory for the petitioner to cohabit with the respondent.

How I can transfer divorce petition from court where its filed by my husband  at my place ?

The Supreme Court has the power to transfer the cases from one High Court to another and even from one District Court of a particular state to another District Court of the other state. In such transfer cases the Hon’ble Supreme Court transfer only those cases if they really lack appropriate territorial jurisdiction and those cases which were otherwise supposed to be filed under the transferred jurisdiction. Hon’ble Supreme Court often looks at the real ground / reason for such transfer.

transfer petition in supreme court ,transfer divorce petition, petition for divorce in supreme court, transfer of divorce case from one state to other.

I am in USA and got divorce, is it valid in India ?

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

(a) where it has not been pronounced by a Court of competent jurisdiction.

(b) where it has not been given on the merits of the case.

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable.

(d) where the proceedings in which the judgment was obtained are opposed to natural justice.

(e) where it has been obtained by fraud.

(f) where it sustains a claim founded on a breach of any law in force in India.

 

Advertisements

Lawyers of India:lawyers in delhi india:india lawyers

:: Dealing Area of Law ::
ADMIRALITY & MARITIME

  1. COMMERCIAL SHIP ACCIDENT
  2. SHIP REGISTRATION
  3. SHIPPING DAMAGE AND LITIGATION

ANTI TRUST AND TRADE REGULATION

  1. INTERNATIONAL TRADE

AVIATION LAW

  1. AEROSPACE LAW
  2. AVIATION ACCIDENTS
  3. AIRLINE SERVICES CASES
  4. MISPLACED / DAMAGED BAGAGED CASES

BANKING CASES

  1. U/S 138 NIGOTIABLE INSTRUMENT CASES
  2. DEBT / MONEY RECOVERY CASE
  3. MORTGAGES SUIT
  4. SUIT FOR POSSESSION
  5. ASSET PROTECTION
  6. BANKING LAW
  7. CORPORATE FINANCE
  8. FINANCE
  9. FINANCIAL SERVICE LAW
  10. PROJECT FINANCE
  11. PUBLIC FINANCE
  12. SECURITIES
  13. TRADE INVESTMENT

BUSINESS & INDUSTRY

  1. AGENCY LAW
  2. BUSINESS LAW
  3. COMMERCIAL LAW
  4. CORPORATE LAW
  5. FOOD AND BEVERAGES LAW
  6. MERGER AND ACQUISATIONS
  7. RETAIL

CIVIL RIGTHTS

  1. CONSTITUTIONAL LAW
  2. CONSUMER LAW
  3. HUMAN RIGHTS
  4. SEXUAL HARASSMANT

CRIMAINAL LAW

  1. ASSUALT
  2. CHILD ABUSE
  3. CREDIT CARD FRAUD
  4. CRIMINAL DEFENCE
  5. CHEATING CASES
  6. MURDER
  7. RAPE
  8. THEFT / ELECTRICITY THEFT
  9. CUSTOM DUTY CASES
  10. EXCISE CASE
  11. FEMA REGULATION ACT
  12. PASSPORT ACT
  13. CHITFUND CASES
  14. FOOD ADULTRATION ACT
  15. DRUGS AND NARCOTIC
  16. FRAUD
  17. PERJURY
  18. PROSTITUTION
  19. SEX CRIME
  20. WHITE COLLAR CRIME

DEBTOR & CREDITOR

  1. BANKRUPTCY
  2. COLLECTIONS
  3. CREDIT AND MORTGAGE
  4. DEBT RECOVERY
  5. INSOLVENCY

EMPLOYMENT AND LABOUR

  1. DISCRIMINATION
  2. EMPLOY BENEFITS
  3. EMPLOYEE RIGHTS
  4. WORK COMPENSATION
  5. WRONGFUL TERMINATION
ESTATE PLANNING

  1. ESTATE & TRUST
  2. INHERITANCE LAW
  3. PERSONAL PROPERTY
  4. INDIAN SUCCESSION LAW
  5. PROBATE
  6. WILL
  7. GENERAL POWER OF ATTORNEY
  8. CONTRACT AND AGREEMENT

FAMILY LAW

  1. ADOPTION- INTERNATIONAL
  2. DIVORCE CASES
  3. DOWRY CASES
  4. ALIMONY
  5. CHILD SUPPORT AND CUSTODY
  6. DOMESTIC VIOLENCE
  7. PRE-NUPTIAL AGREEMENT
  8. SEPERATION
  9. MAINTENANCE

IMMIGRATION

  1. EXTRADITION
  2. VISA FRAUD CASE

INSURANCE & RE-INSURANCE

  1. INSURANCE DEFENCE CASES
  2. INSURANCE FRAUD CASES
  3. MEDICAL CASES
  4. INDUSTRIAL INSURANCE CASES/ MATTERS
  5. GENRAL INSURANCE
  6. VEHICAL INSURANCE CLAIM

INTELLECTUAL PROPERTY

  1. COPYRIGHT
  2. PATENTS
  3. TRADE SECRETS
  4. TRADEMARK

CUSTOM LAW (INTERNATIONAL)

  1. CUSTOMS LAW
  2. IMPORT AND EXPORT LAW

LITIGATIONS

  1. ALTERNATIVE DISPUTE RESOLUTION
  2. APPEALATE TRACTICE
  3. ARBITRATION
  4. BUSINESS LITIGATION
  5. CIVIL LITIGATION
  6. COMMERCIAL LITIGATION
  7. CORPORATE LITIGATION
  8. FINANCIAL LITIGATION
  9. MEDIATION
  10. PHARMACEUTICAL LITIGATION
  11. PROPERTY AND REAL ESTATE LITIGATION
  12. LANDLORD AND TENANT

REAL ESTATE AND PROPERTIES

  1. CONSTRUCTION LAW
  2. LAND USE AND ZOMING
  3. LANDLORD AND TENANT LAW
  4. PROPERTY LAW
  5. STAY ON PROPERTY
  6. CO-SHARER
  7. JOINT PROPERTY
  8. LAND ACQUISITION
  9. BUILDER AGREEMENT DISPUTES
  10. POSSESSION AND DAMAGES
  11. DELIVERY OF FLATES
  12. PARTITION SUIT

Leges Juris Associates-Law firm-Lawyers

Leges Juris Associates

http://lawyersindelhi.com

We are a Law Firm in India having a team of professional lawyers and advocates for their specialized fields of law practices in India and abroad. Our lawyers are experts in cases such as debt recovery, property, divorce, family law etc. We are experts in drafting of writ petition, drafting of agreements.

We looking / handling the matters at PUNJAB & HARYANA HIGH COURT, HIMACHAL PRADESH HIGH COURT, BOMBAY HIGH COURT, KOLKATA HIGH COURT, BANGLORE, AHMDABAD, all districts courts, consumer forum within the india.

The core group of lawyers in the firm excels in their core competencies mentioned against their names in the individual write up below. Besides these constituents who make the core group, the law firm has a dedicated team of associates and independently practicing professionals who are qualified to provide high quality research work, supporting drafting work, documents handling and paralegal assignments. We also draws on the resources of a vast network of independently practicing legal associates it has in different parts of the country giving the firm a pan India footprint. During the last years, the Law firm has also diversified into a variety of emerging areas which are outside the scope of conventional legal practice in India.

 

Leges Juris Lawyers

:: Our Leges Team ::

 

Highly Experienced lawyers With Offices In New Delhi

Advocate V.K.Singh B.A, LLB, Advocate enrolled with Bar Council of Delhi. I am also the member of Delhi Bar Association, New Delhi Bar Association, Saket Bar Association and Delhi High Court Bar Association. I am dedicated, compassionate and highly respected lawyers with expertise in  some fields.

I used to  provide  advise as per my professional  experience  in areas such as business law, real estate, family matters, divorce, child adoption, domestic violence, employment  law, trusts, taxation, corporations law, intellectual property rights,  sale and purchase of business, franchise and license agreements,  partnership and joint ventures, investment, international trade.

Maintaining a multi-state practice throughout the country, I have appeared before courts in harayana, pujab,utttaranchal,uttar Pradesh, Delhi, Bombay.

 Advocate V.K. Singh

 

I am  committed to fully informing clients throughout the progress of their matter so that they can make considered and informed decisions. They  approach all matters with integrity and uphold the ethics and obligations required to best protect the interests of the clients.

 

 

 

 

Prachi Singh Advocate.

She is B.Com, LL.B, MBA and also qualified the All India Bar Examination held by The Bar Council of India is  assisting the Law

Advocate Prachi Singh

Office Leges Juris Associates  in the practice areas of Divorce Law, Civil Law, criminal Law, property Law, International & Domestic Arbitration, Civil Debt Recovery cases, 138, NIact cases, Money suit under order XXXVII cpc, SLP in supreme Court, Criminal & Civil Appeal in Supreme Court, Transfer petition in Supreme Court, Criminal & Civil writ Petition in Supreme Court & High Court, Property Partition Suit, DRT cases, Company Law Board matters, Company formation, Dowry case, quashing petition, Criminal complaints.etc.

she further assisting in trial & court proceedings at supreme court of India, Delhi High Court, Karkardooma Court,Tis Hazari court, Saket Court, New Delhi court, National commission, Consumer forum, Dawarka Court & Rohini courts in Delhi. she further assisting in drafting of contracts, employee agreements, labor cases, and various agreements.

 

Area of Legal assistance:-

Divorce Law: annulment of Marriage, maintenance for spouse, mutual consent divorce, divorce on cruelty ground, child custody, child support, divorce petiton, divorce decree enforcement.etc.

Criminal Law: Bail matters, anticipatory Bail, criminal revision petition,quashing petition of FIR, criminal complaints under section 156(3)crpc, Criminal SLP..etc..

Civil Law: suit for partition, property stay suit, injuction suit..will drafting, probate case,etc..

——————————————————————————————————————————————————————————————————-

Disclaimer : Rules of Bar Council of India does not permit law firms or Lawyers to develop a regular website. This is only a resource center aimed at providing information regarding Indian Laws & Procedure.

This site not intended for advertisement or soliciting.

This site contains only general information about the activities of India and contents mentioned in the website is just like the general awareness for the peoples who wants to know about the laws and procedure in India