When you seek the advice of an Expert Divorce lawyer, you need to work with a reputed divorce lawyer who truly listens to your needs and concerns, following through with a plan of action that fits your specific situation.
At Alpine, we proudly serve individuals and families facing a wide range of divorce law issues, providing unmatched personal attention to each and every person who walks through our doors.
Navigating the Divorce Procedure in India Marriages may be made in Heaven .But divorces are made on Earth!! Divorce is a legal process that ends a marriage and dissolves the legal bonds between a couple. It is a significant and often challenging life event. Understanding the process can help manage it well.
After referring to Rajnesh v. Neha, (2021) 2 SCC 324, the Court said that the terms of maintenance are decided based on pleadings of parties and based on some amount of guess work. It is often seen that both the parties submit scanty material and do not disclose correct details. The tendency of the wife is to exaggerate her needs, whereas the husband tends to conceal his actual income. Thus, this Court laid down the procedure to streamline the grant of maintenance. Guidelines were issued in exercise of powers under Article 136 read with Article 142 of the Constitution of India, prescribing a uniform format of Affidavit of Disclosure of Assets and Liabilities to be filed in maintenance proceedings. Criteria for determining the quantum of maintenance was also laid down.
Under the Indian family and public policy laws, the parents must provide child support for the child’s sustenance. For the financial support and benefit of the child, the non-custodial parent has to pay child support. This happens when the couple separates, whether from wedlock or a relationship.
Child support is paid by the obligator of the guardian of the child every year continuously. The guardian has to use this feed for the care and support of the child. The obligator can also be a relative and not a guardian.
The Supreme Court held that a wife does not have an automatic right to her husband’s ancestral property after divorce .Property division depends on inheritance laws and whether the property was jointly acquired.
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