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Karan S. Thukral – Best Divorce Lawyer in India and Top Divorce Solicitor for NRIs Based In Delhi
Looking for the best divorce lawyer in India? Connect with Karan S. Thukral, a highly regarded divorce attorney and solicitor in India. Based in Delhi, Thukral Law Associates is a trusted divorce law firm, offering expert legal support to clients across the country.
Why Should You Connect With Karan Thukral
Divorce may be emotionally draining for everyone associated with it. Throughout the tiring times, a divorce attorney in India can direct you through your situation and communicate your concerns. You'll need the best divorce lawyer in Delhi to handle your case and get a favorable outcome for everyone involved. Divorce may be a stressful and frustrating experience, but it doesn't have to be, and it all comes down to one factor: how efficient and successful your divorce lawyer in India is. Karan S. Thukral will be with you every step of the way and will look at your case from every angle. Karan S. Thukral and his legal associates have the capabilities and expertise you require to establish a powerful divorce case. You may be guaranteed that you will obtain a personalised solution for your lawsuit, supervised by well-known divorce solicitors in India with decades of knowledge and successful cases, who will ensure that justice is delivered to you through the best divorce law firm in India.
Our Testimonial
Thukral Law associates are one of the most presumed law offices in India on purpose. The associates and the staff are exceptionally proficient and effectively agreeable. Mr. Thukral himself handles the cases with complete transparency and uprightness. My case was dealt with well overall and I was refreshed at each progression of the procedures.
Extremely Professional and Charismatic Lawyer having highly impressive drafting & arguing skills. Also, the transparency level they have with their clients is just great despite of the fact that they are running an International Law firm.
I stay in US, the office lawyers were available and the communication with Mr.Thukral was exceptionally professional and smooth. Communication plays a vital role for a client to discuss a matter from time to time with his Attorney and in my case it was absolutely praiseworthy. I can’t thank Mr.Thukral enough.
What makes Karan S. Thukral the Best Divorce Lawyer?
Finding a Top Divorce Lawyer in India can be a herculean task if you have no idea where you need to approach. For the past many years, Karan S. Thukral has handled several divorce cases to ensure that the concerned client’s fate is not at stake and tries to secure them through effective laws and evidence; aspects which can drive the path of any divorce case in courts.
Matrimonial cases can sometimes even lead to serious repercussions such as landing one behind bars. Karan S. Thukral’s legal team makes sure you are provided with best legal advice on divorce matters. They guide you through the process, ensuring a positive outcome and preventing you from meeting a bad fate. Advocate Karan S. Thukral is highly proficient when it comes to cases such as child custody, alimony, and maintenance, domestic violence leading to separation, anticipatory bail, 498 A Crpc, etc. He has been handling divorce cases throughout all family courts in Delhi and has a PAN India presence. Hence, If you're looking for the best divorce solicitor in India or a dedicated divorce attorney in India, contact Mr. Thukral. For NRIs, his expertise includes navigating the complexities of international divorce cases, making him a perfect divorce lawyer for NRIs.
Matrimonial Law Expertise by Karan S. Thukral – Best Divorce Lawyer
Divorce and Matrimonial Services
Domestic Adoptions
Child Custody Matters
Inter-Country Matrimonial Laws
Prenuptial Agreements (Pre & Post Marriage Agreements, Registration, Terms)
Divorce (Foreign & Indian Divorce Decree, Inter-Country Matrimonial Matters)
Alimony (Maintenance during Divorce & Post Divorce)
Separation
Domestic Violence
Child Support & Custody
Child Visitation
Laws for Divorce in India
India is a diverse country and so are its laws regarding Divorce. With an ever-evolving society and rapidly changing laws, it's easy for a person to find himself stuck in its complications with no other efficacious remedy left but to enter litigation. Tussles in a marriage are unavoidable and can lead to civil and criminal proceedings. It is at this stage that a person should look for the best divorce lawyer to help ease the process.
Depending upon the relationship a couple shares, Divorce may be contested or can take the shape of a mutual divorce. In both cases, it is necessary to take proper steps, to ensure one’s peace of mind. In case of a contested divorce and with aggravated heat, it may at times be necessary to file for an anticipatory bail beforehand, before things take a turn for the worse. An efficient, intelligible, and experienced divorce lawyer should be someone you must look out for.
As aforesaid, Divorce laws differ for every religion. It is the Hindu Marriage Act of 1955 that deals with Marriage and Divorce amongst Hindus. Likewise, there are separate laws for Muslims, Christians, Parsis and so on which deal with marriages and Divorce.
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Divorce under the Hindu Marriage Act 1955
As per Section 13 of the Hindu Marriage Act, the following are the grounds for Divorce:
| Grounds for Divorce |
Explanation |
| Adultery |
Adultery is a valid ground for seeking Divorce. However, as per recent judgment of the Supreme Court, it is no longer a criminal offense. |
| Desertion |
Abandonment of a spouse by another is what is known as Desertion. It is a valid ground for Divorce under Hindu Laws. |
| Insanity |
When one of the spouses is suffering from permanent insanity, the other can call off the marriage by simply filing a Divorce Petition through a Divorce lawyer in the Court of Law. |
| Conversion |
If a person changes his religion without the consent of his/her spouse, he/she can file a divorce petition on grounds of Conversion. |
| Renunciation |
When a spouse has renounced family life altogether, the other has an option to file for divorce on the same grounds. |
| Cruelty |
It is well established that cruelty can be both, mental as well as physical. Only a divorce lawyer with ample experience and wit can walk you through this ground for filing a divorce. |
| Venereal disease |
N/A |
| Presumption of death |
If a person has not heard of the other’s existence for over 7 years, he then becomes eligible to seek divorce. |
Besides the above iterated grounds there are a few more grounds which a wife can avail to seek Divorce:
1. At the time of marriage, the husband is married and not divorced his 1st wife and she is alive.
2. Husband is found guilty of unnatural offenses.
3. If marriage is done before she attained the required age of marriage.
Special Concerns for NRIs
Inter-Country Matrimonial Disputes in India
Inter-country matrimonial disputes involve parties from different countries and are often complicated by conflicting legal systems. The primary issues in these disputes include divorce, child custody, and alimony. Indian courts often face challenges in such cases, especially when the marriage was solemnized abroad or when one of the parties resides outside India.
Jurisdiction in Inter-Country Matrimonial Disputes
In India, the jurisdiction for matrimonial disputes is generally determined by the residence of the parties. According to Section 19 of the Hindu Marriage Act, 1955, petitions can be filed in the district court where:
| The marriage was solemnized. |
| The respondent resides at the time of the petition. |
| The parties last resided together. |
| The petitioner resides, provided the respondent is outside the territorial jurisdiction. |
| However, inter-country disputes add layers of complexity, particularly when foreign courts are involved. The principle of comity of courts, which respects foreign judgments, plays a crucial role in these cases. |
Divorce Laws in India for Inter-Country Marriages
Indian divorce laws vary based on the religion of the parties involved. The Hindu Marriage Act, of 1955, governs Hindus, Buddhists, Jains, and Sikhs. The Special Marriage Act, of 1954, applies to inter-religious marriages. For Christians, the Indian Divorce Act, of 1869, is applicable, while Muslims are governed by their laws and the Dissolution of Muslim Marriages Act, of 1939.
Recognition of Foreign Divorces
Indian courts may recognize foreign divorce decrees based on the principle of comity of courts, provided they comply with the requirements under Section 13 of the Code of Civil Procedure, 1908. A foreign decree must be:
| Granted by a court of competent jurisdiction |
| Based on the merits of the case |
| Not obtained through fraud or breach of principles of natural justice |
However, complications arise when foreign decrees conflict with Indian laws, particularly concerning issues of public policy and the welfare of children.
Expert Legal Representation for NRIs in Inter-Country Matrimonial Issues
Navigating inter-country matrimonial issues can be particularly daunting for NRIs living abroad, given the complexities of differing legal systems and the geographical distance involved. Effective legal representation is crucial for protecting your rights and interests in such cases. Our experienced team of international family law experts is dedicated to providing comprehensive legal support tailored to NRIs. We offer remote consultation, representation via power of attorney, and seamless communication through advanced technology, ensuring that you remain actively involved in your case without needing to return to India. Trust our expertise to handle divorce, custody, alimony, and asset division matters with the utmost professionalism and diligence.
Guardianship and Custody in Inter-Country Disputes
Guardianship and custody of children are significant issues in inter-country matrimonial disputes. In India, the Guardians and Wards Act, 1890, and the Hindu Minority and Guardianship Act, of 1956, primarily govern these matters.
Principles Governing Custody
Indian courts prioritize the welfare of the child while deciding custody matters. Factors considered include:
| The child's age and sex |
| The parent’s ability to provide for the child |
| The child's preference (if old enough to express) |
| The parent’s mental and physical health |
| The existing emotional bond between the child and each parent |
International Child Abduction
Inter-country matrimonial disputes sometimes involve the abduction of children to another country. India is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, complicating these cases. However, Indian courts have increasingly adopted principles of international law to address such issues, emphasizing the child's welfare.
Separation and Alimony in Inter-Country Marriages
Separation can be a precursor to divorce or an alternative, allowing couples to live apart without dissolving the marriage. The grounds for judicial separation are similar to those for divorce under various personal laws.
Alimony and Maintenance
Alimony and maintenance in inter-country marriages can be contentious. Indian courts can award maintenance under Section 125 of the Code of Criminal Procedure, 1973, and respective personal laws. Factors influencing the amount include:
| The spouse's earning capacity |
| The standard of living during the marriage |
| The needs of the dependent spouse |
| The conduct of the parties |
Enforcement of Foreign Maintenance Orders
The enforcement of foreign maintenance orders in India requires compliance with Section 44A of the Code of Civil Procedure, 1908, and reciprocal arrangements between countries. Indian courts may enforce such orders if they meet the criteria for recognition of foreign judgments.
Prenuptial Agreements in India: Legal Framework and Enforcement
Prenuptial agreements, commonly referred to as "prenups," are contracts entered into by couples before marriage to outline the distribution of assets and financial responsibilities in the event of divorce or separation. While prenuptial agreements are prevalent in Western countries, their status and enforceability in India are more nuanced and less straightforward. Now you can explore the concept of prenuptial agreements in India, their legal validity, and the conditions under which they can be enforced as contracts.
Legal Status of Prenuptial Agreements in India
In India, prenuptial agreements are not explicitly recognized under matrimonial laws such as the Hindu Marriage Act, of 1955, or the Special Marriage Act, of 1954. Indian matrimonial law focuses primarily on post-marital issues rather than pre-marital arrangements. Consequently, prenuptial agreements are often viewed through the lens of contract law, specifically the Indian Contract Act, 1872.
Indian Contract Act, 1872
Under the Indian Contract Act, of 1872, prenuptial agreements can be considered valid contracts if they fulfill the essential criteria for a valid contract:
| Free Consent: Both parties must enter into the agreement voluntarily, without coercion, undue influence, fraud, misrepresentation, or mistake. |
| Lawful Consideration: The agreement must involve lawful consideration and should not involve anything illegal or against public policy. |
| Competency: Both parties must be competent to contract, meaning they must be of legal age and sound mind. |
| Lawful Object: The object of the agreement must be lawful and not contrary to public policy or morality. |
Public Policy and Matrimonial Laws
One of the significant challenges in enforcing prenuptial agreements in India is the concept of public policy. Indian courts have traditionally been cautious about enforcing agreements that could potentially undermine the sanctity of marriage or the rights of women and children. Consequently, even if a prenuptial agreement meets the requirements of a valid contract, it may still be scrutinized for its adherence to public policy and fairness.
Enforcement of Prenuptial Agreements
Despite the lack of explicit recognition under matrimonial laws, prenuptial agreements can be enforced as contracts under the Indian Contract Act, 1872, provided they meet the criteria mentioned above. Here are the key steps and considerations for enforcing a prenuptial agreement in India:
Drafting a Prenuptial Agreement
| Legal Counsel: Both parties should seek independent legal advice to ensure that their interests are adequately protected and that they fully understand the terms of the agreement. |
| Full Disclosure: Both parties must disclose their assets, liabilities, income, and financial expectations fully and honestly. Any concealment or misrepresentation can render the agreement invalid. |
| Fair and Reasonable Terms: The agreement should be fair and reasonable to both parties. Unconscionable terms or provisions that disproportionately favor one party over the other are likely to be challenged in court. |
| Written and Signed: The agreement must be in writing and signed by both parties in the presence of witnesses to ensure its validity. |
Challenging a Prenuptial Agreement
A prenuptial agreement can be challenged in court on several grounds:
| Lack of Free Consent: If one party can prove that the agreement was signed under duress, coercion, undue influence, or fraud, the court may declare it invalid. |
Unconscionable Terms: If the terms of the agreement are found to be unfair, unjust, or unreasonable, the court may refuse to enforce it. |
| Non-Disclosure: If either party fails to disclose material information regarding their financial status, the agreement may be set aside. |
Contrary to Public Policy: If the agreement includes terms that are contrary to public policy, such as clauses that promote divorce or are detrimental to the rights of children, the court may deem it unenforceable. |
Judicial Precedents
Indian courts have not extensively dealt with prenuptial agreements, leading to a lack of clear judicial precedents. However, courts have recognized and enforced settlement agreements and postnuptial agreements under certain circumstances, providing a potential framework for prenuptial agreements.
Role of a Divorce lawyer in Marriage and Divorce
Apart from contesting your case before the Court, a well-versed divorce lawyer can facilitate in conclusion of Marriage Registration, Guardianship Petition, Adoption of child, filing for restitution of conjugal rights, judicial separation, interim maintenance, permanent alimony and assistance in mediation between the parties.
An expert divorce advocate can potentially turn the tables around while facilitating the complete process. He plays an impeccable role in contesting your case on the grounds mentioned above. An honest and sincere advice, backed with experience is what you should seek while looking out for a divorce lawyer.
Conclusion
Karan S. Thukral is a ray of hope for those who feel they got deceived in a pious institution like marriage and want a smooth departure to have a peaceful life in the future. Once you get in touch with him, you just need to sit back and relax, and see how the best divorce lawyer in India, ensures your best interest.
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