Advocate for Divorce at Mandi Himachal Pradesh

Divorce Advocate in Mandi, Himachal Pradesh - Advocate Puneet Thakur

Advocate Puneet Thakur, based in Mandi, Himachal Pradesh, is a distinguished legal professional specializing in divorce cases under Hindu Law. With his extensive knowledge and experience in family law, he has successfully represented clients in various divorce and matrimonial disputes across Himachal Pradesh. Divorce cases can be emotionally and legally complex, and Advocate Thakur provides expert legal counsel, helping individuals navigate the legal intricacies of divorce, child custody, alimony, and property division.

Advocate Thakur understands the sensitivity and personal nature of family matters. He offers compassionate, confidential, and professional legal assistance to his clients, aiming for a fair and just resolution of disputes. Whether the divorce is mutual or contested, he ensures that his clients are well-informed and supported throughout the process.

Types of Divorce under Hindu Law

Hindu law provides for various types of divorce, each with specific conditions and procedures. These types of divorce are governed by the Hindu Marriage Act, 1955, which applies to Hindus, Buddhists, Sikhs, and Jains. The Act provides a framework for the dissolution of marriage, and it recognizes two main types of divorce: mutual divorce and contested divorce. Additionally, there are specific provisions for divorce under special circumstances.

1. Mutual Consent Divorce (Section 13B of the Hindu Marriage Act)

Mutual Consent Divorce is one of the most straightforward types of divorce under Hindu law. As the name suggests, it occurs when both spouses agree to dissolve their marriage by mutual consent. This type of divorce does not require proof of wrongdoing or fault by either party.

Conditions for Mutual Consent Divorce:

• Both spouses must mutually agree to the divorce.

• The couple must have been living separately for a minimum of one year before filing for mutual consent divorce.

• The divorce petition must be filed jointly by both parties in a family court.

Once the petition is filed, the court will grant a cooling-off period of six months before the final decree of divorce is passed. During this time, either party can withdraw the petition, and if no reconciliation occurs, the court will grant a divorce decree.

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2. Contested Divorce (Section 13 of the Hindu Marriage Act)

A Contested Divorce occurs when one spouse files for divorce without the consent of the other. In such cases, the petitioner must prove specific grounds for divorce as outlined under Section 13 of the Hindu Marriage Act.

Grounds for Contested Divorce:

• Adultery: If one spouse engages in a sexual relationship with someone outside the marriage.

• Cruelty: Physical or mental cruelty, including abuse, harassment, or any form of ill-treatment that makes it unreasonable to live together.

• Desertion: If one spouse abandons the other for at least two years without consent or a valid reason.

• Conversion: If one spouse converts to a religion other than Hinduism.

• Mental Disorder: If one spouse suffers from a mental illness that prevents them from being able to live together.

• Leprosy: If one spouse suffers from a contagious disease such as leprosy.

• Venereal Disease: If one spouse is suffering from a sexually transmitted disease.

• Incurable disease: A physical or mental illness that is incurable and affects the marriage.

In a contested divorce, the burden of proof lies on the petitioner, who must present evidence to establish the grounds for divorce. If the respondent contests the divorce, the case may take longer to resolve.

3. Divorce by Mutual Consent under Special Circumstances (Section 13B)

In some cases, divorce by mutual consent can be granted even if the conditions of living separately for one year are not met. For example, if there are serious physical or mental health issues or situations where continuing the marriage would be harmful to either party.

4. Judicial Separation (Section 10 of the Hindu Marriage Act)

Although not a form of divorce, Judicial Separation allows a married couple to live separately while still remaining legally married. It is an intermediate step between living together and divorce. Either party can seek judicial separation on the grounds similar to those mentioned for contested divorce. The court issues an order for judicial separation, and the couple can live apart without the legal obligation of living together.

While judicial separation does not dissolve the marriage, it provides legal recognition to the separation and can be converted into divorce after a certain period if either party wishes to formally end the marriage.

5. Divorce by Desertion (Section 13(1)(b))

Desertion is a ground for divorce under Hindu law. If one spouse voluntarily leaves the other without consent and without a reasonable cause, and this desertion continues for a period of at least two years, the deserted spouse can file for divorce. Desertion refers to not only physical abandonment but also emotional neglect and withdrawal from matrimonial obligations.

6. Divorce by Cruelty (Section 13(1)(i))

Cruelty is another valid ground for divorce. It refers to any act of physical, mental, or emotional harm inflicted upon one spouse by the other. The cruelty could be in the form of abusive behavior, constant humiliation, threat to life, or any form of torture that makes it impossible to continue the marriage. The spouse seeking divorce must provide evidence of the cruel treatment.

7. Divorce by Adultery (Section 13(1)(ii))

If one spouse has engaged in a sexual relationship with someone outside the marriage, the other spouse can seek divorce on the grounds of adultery. The accused spouse must have voluntarily participated in the adulterous act, and the petitioner must provide evidence or the confession of the adulterous act.

8. Divorce on the Grounds of Conversion (Section 13(1)(ii))

A spouse who converts to a religion other than Hinduism may be subject to divorce by the other spouse, as this constitutes a serious change in the fundamental values of the marriage. The spouse seeking divorce must prove the conversion to another religion.

9. Divorce by Leprosy or Venereal Disease (Section 13(1)(iv))

If a spouse is suffering from a contagious disease like leprosy or venereal disease, the other spouse can seek divorce. This condition helps to protect the health and well-being of the unaffected spouse and allows the dissolution of the marriage on health grounds.

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Role of Advocate Puneet Thakur in Divorce Cases

Best Advocate in Himachal Pradesh is an expert in Hindu marriage law and divorce proceedings. He provides comprehensive legal services to individuals seeking divorce, offering guidance on the various types of divorce, legal grounds, and the procedures involved. Whether it’s a mutual consent divorce, contested divorce, or cases involving child custody and alimony, Advocate Thakur ensures that his clients are represented efficiently and that their legal rights are protected.

With a compassionate approach, Advocate Puneet Thakur helps individuals understand the legal implications of divorce, guides them through the complex legal system, and works towards achieving an equitable and fair resolution. His expertise in family law has earned him a reputation as one of the leading divorce lawyers in Mandi, Himachal Pradesh.

FAQ

1. What types of divorce cases does Advocate Puneet Thakur handle?

Advocate Puneet Thakur manages both mutual consent and contested divorce cases. He provides comprehensive legal support, ensuring that clients understand their rights and the procedures involved in each type of divorce. ​

2. What are the grounds for filing a contested divorce under the Hindu Marriage Act, 1955?

The Hindu Marriage Act, 1955, specifies several grounds for contested divorce, including:​

• Adultery​

• Cruelty​

• Desertion

• Mental disorder​

• Conversion to another religion

• Communicable disease​

• Renunciation of the world​

• Presumption of death

Advocate Puneet Thakur can provide detailed explanations of these grounds and assess their applicability to individual cases. 

3. How can I schedule a consultation with Advocate Puneet Thakur for divorce proceedings?

To schedule a consultation, you can contact Advocate Puneet Thakur via:

• Phone: +91-9317533303​

• Email: advocatepuneetthakur@gmail.com

  
  

His office is located at Chamber No. 1, Madho Rai Complex, Mandi, Himachal Pradesh 175001. Consultations are available from Monday to Saturday.