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Writer's picturethelila500
Sep 5, 20223 min read

CAN AN ADVOCATE PARTICIPATE IN DIVORCE CASE IN ANY STATE OF INDIA?

Legally speaking, according to Section 30 of the Advocate’s Act, 1961, an advocate can practice anywhere in the territory of India, it includes the representation of a lawyer in all forms of the judicial body including any tribunal. Thus, strictly speaking, a lawyer can represent his client in any state of India. Prior to the amendment in Section 30 of the Act, a lawyer could represent his client in another state with the permission of the presiding officer of the court. Thus, to say that a Divorce Lawyers In Hyderabad could represent his client in Delhi is not wrong.


Divorce-

Divorce can be summed up as the legal dissolution of a marriage. One can file for divorce in two ways, i.e. Through a joint petition as both the parties to marriage agree to divorce, which is known as divorce by mutual consent; or if one of the parties is not satisfied with the marriage and does not wish to continue the relationship, then he/ she can file for divorce on the grounds provided in respective Act.

Laws governing divorce in the country-

In India, every religion has its own personal laws governing the subject of marriage, divorce, inheritance, etc.

  • Hindus, Buddhists, Sikhs, and Jains are governed by the Hindu Marriage Act, 1955

  • Muslims are governed by the Muslim Marriage Act, 1939

  • Parsis are governed by the Parsi Marriage and Divorce Act, 1936

  • Christians are ruled by the Indian Divorce Act, 1869.

Grounds for Divorce-

  • Adultery- Means the consensual sexual intercourse between the married party with another peron who is not his/her spouse.

  • Cruelty- Means causing suffering to one's spouse affecting his mental or physical health. For example, dowry demand, impotency of the partner, denying the birth of the child, etc can be counted as mental cruelty.

  • Desertion- Means repudiating all the marital duties and obligations towards one's partner without giving any reasonable cause and without the consent of the spouse.

  • Conversion- In case one of the partners has converted to another religion, then the other partner can file for divorce.

  • Insanity- To file a divorce suir on the grounds of insanity following requirements shall be met-

a. The respondent is of unsound mind

b. The respondent has been suffering from continuous mental disorder to the extent that it is not possible for the petitioner to continue living with the respondent.

  • Presumed dead- In case the spouse of the petitioner has been missing for seven years and no one has heard if he is dead or alive, he/ she can file for divorce.

  • Renunciation- It means that the spouse of the petitioner has renounced the world and has started living outside the society, this is civilly dead. In such a situation the partner can file for divorce.

Conclusion-

The concept of divorce has been introduced by the law to ensure that the rights of the spouses have been safeguarded and to prevent any violation suffered during the marriage. As society is going through continuous change and people have started to live outside their place of birth or are doing jobs away from their homes, the cases of inter-state marriage have seen a sharp rise, thus resulting in the continuous growth of inter-state divorces as well. It is advised to seek guidance from experienced Divorce Lawyers In Kolkata or your own city before filing for divorce. Thus, in case you need to file a divorce case in another state or require a lawyer to represent you in your divorce case filed in another state, it would be favorable to appoint a Divorce Lawyers In Mumbai after due research.

Lead India offers you a wide pool of experienced advocates, who have been successfully handling cases related to divorce. Thus, in case you seek legal advice or assistance, you may contact us.


Call Us: - +91-8800788535


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