UNDERSTANDING THE DIVORCE PROCESS IN BANGALORE:

DIVORCE LAWS IN INDIA: AN OVERVIEW
Divorce law, or matrimonial law, encompasses various legal issues arising from matrimonial relationships. It is one of the broadest branches of civil law, addressing diverse issues that impact the lives of citizens
and their families across the country. Here are some key aspects of family law
in India:

• Hindu Law: The Hindu Marriage Act, of 1955 serves as a foundational law
  governing Hindu marriages. It outlines conditions for a valid marriage,
  monogamy, polygamy, and voidable marriages. Additionally, it provides
  grounds for divorce, including adultery, cruelty, desertion, and mental illness.
  The Hindu Succession Act, of 1956 governs inheritance rights among Hindus. It
  ensures daughters’ equal share in ancestral property, promoting gender equality
  within Hindu families.
• Muslim Law: Muslim family law in India is based on the teachings of
  the Quran and Hadith. The Muslim Personal Law (Shariat) Application Act,
  1937 applies to Muslims and covers marriage, divorce, maintenance, and
  inheritance.
• Christian Law: Christian family law applies to Christians and is
  governed by personal laws specific to Christian communities. These laws
  address marriage, divorce, and related matters.
• Parsi Law: Parsi family law applies to the Parsi community. It covers
  marriage, divorce, inheritance, and other family-related issues.
• Special Marriage Act: The Special Marriage Act, of 1954 provides a
  secular framework for interfaith and inter-caste marriages. It allows couples of
  different religions or castes to marry without converting to each other’s religion.

FAMILY LAWS SPECIFIC TO KARNATAKA.

• Family Courts (Karnataka) Rules, 1987:
• Jurisdiction of Family Courts:
• Family Courts in Karnataka have jurisdiction over matters related to marriage, divorce, restitution of conjugal rights, judicial separation, child
• custody, guardianship, maintenance, and property disputes.
• These courts aim to provide speedy and efficient resolution of family disputes, promoting amicable settlements whenever possible.

The following documents are mandatory to file the divorce case in
Bangalore namely;

1. Marriage Photographs.
2. Invitation Card.
3. Marriage Registered Certificate only if the marriage is registered.
4. The Proof of Identity of Parties.
5. Residential Proof of the parties to comply with the territorial jurisdiction of the
   Hon’ble Court Family, Bengaluru.
6. All other miscellaneous documents and proof to prove your case beyond all
   the reasonable doubts if it is a contested divorce.

LEGAL PROCESS IN DIVORCE PROCEEDINGS IN BANGALORE:

• Adverting to the above, Once the client provides entire facts of the particular case from the date of marriage till the matrimonial dispute arose between the parties, being the responsible officers of the court our lawyers will try to see any possible way of conciliation between the parties as the Family Law practice demands and has to be dealt in a very sensible and emphatic way with an ultimate goal to save a family and wellbeing of the parties.
• Further in pursuance to the preliminary consultation and legal opinion, if it is discovered that the said marriage is subjected to irretrievable breakdown of marriage then without any option we will suggest a divorce. Subsequently, we will analyze and understand the facts of the case and relevant grounds for divorce will be formulated with the help of similar case laws and legal research work.
• Further, the Divorce Petition, Interlocutory Applications, and Vakalath have to be signed by the clients followed by the same, The Divorce Petition will be filed before the Hon’ble Family Court along with requisite court fees and process fees being paid in the filing counter after that Registry approves the divorce petition and allocate the case to any of the Addl. Family Courts in Family Court Complex with an admission hearing date being fixed by the Registry.
• Further, on the admission hearing date of the divorce proceedings, the arguing counsel on record of the petitioner/client will address the admission arguments on the main divorce petition and plea for any interim reliefs if any. Once the Hon’ble Court admits the admission arguments of the counsel on record will issue court notice to the respondent’s address and give the next hearing date for awaiting notice of the respondent.
• Further, it is submitted that on the next date of the hearing if the respondents fail to appear before the court despite sufficiency of service of notice even then if the respondents fail to appear before the court, the respondent will be placed ex-parte and the matter will be posted for petitioner’s evidence. On the contrary, if the respondent appears before the Hon’ble Court through his pleader along with a statement of objections to the divorce petition, the same will be taken on record by the Hon’ble Court and the matter be referred for mediation for conciliation, and any scope of settlement between the parties.
• Further, the mediation will be conducted by the Bangalore Mediation Centre, a prestigious and impeccable organization facilitating the parties to settle the cases peacefully with mutual understanding and WIN-WIN situation to both the parties of the case. Further, the mediation process will be headed and supervised by highly skilled mediators with an emphatic and sensible approach towards the dispute between the parties trying their best to resolve mutually by applying various approaches of alternative dispute resolution. Further, despite the best efforts made by the mediators and both counsels on records if the dispute between the parties is not resolved the case will be sent back to the concerned Hon’ble Family Court for further trial with Shara “mediation failed not settled”.
• The Hon’ble Family Court will take the mediation report on record and hear the interlocutory applications if any seeking any interim reliefs in the case. Further, the case will be posted for petitioner examination in chief along with marking of the petitioner’s documentary evidence before the Hon’ble Family Court and the same will be followed by the cross-examination of the petitioner / PW-1 by the respondent’s counsel on record. Further again the case will be posted for defense evidence i.e. respondent examination in chief along with marking of the respondent’s documentary evidence before the Hon’ble Family Court and the same will be followed by the cross-examination of the respondent / DW-1 by the petitioner’s counsel on record.
• Finally, after recording both the parties’ depositions and documentary evidence the case will be posted for final arguments on the case on hand, wherein both the counsel will address their respective grounds and prayer before the Hon’ble Court along with relevant authorities and citations. The Hon’ble Court after hearing both parties the case will be for orders/judgment wherein the final decision on the grant of divorce will be pronounced by the Hon’ble Court considering the available grounds and documentary evidence on the case on hand.

WHY CHOOSE ADITYA & CO. ADVOCATES FOR DIVORCE
REPRESENTATION?

• Our team of highly skilled and experienced Divorce lawyers specializes in various areas of Divorce Family Law. Experts in Family Law will be able to tell you the strengths and weaknesses of your case and make suggestions for favorable, doable, and practical terms of the divorce case. If there is a dispute over custody of your children, an experienced divorce lawyer can protect your rights while also considering the needs of your children’s well-being. Hence having a skilled family divorce lawyer on your side can help ensure that all of the divorce paperwork and written arguments you present to the court are well-prepared and persuasive enough to win your case.
• Whatever your legal concern, we have the right expertise to provide you with the best possible advice and representation. When a marriage comes to an end, it can be emotionally and financially challenging for both parties. The process might be made more accessible if you choose a knowledgeable divorce lawyer.