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Indian law gives first place to child welfare and, therefore, the child custody laws in India tend to be more in favour of the child than the parents. These laws made by the personal or secular laws take into consideration many factors relating to child custody, such as age, the wishes of the child, and the fitness of the parents. A custody lawyer makes sure that the process leading to custody is safeguarded legally, fair agreements are made, and court representation is organized.
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Divorce is a process that combines both emotional and legal complexities. Enlisting a knowledgeable lawyer's help will ensure that settlements are fair, adequate legal protection is available, and emotional stress is directly reduced.
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This guide explains the entire process of obtaining a divorce in India, including mutual consent, contested divorce, the rights of spouses, grounds for divorce, custody of children, alimony, and protection of property assets. It also touches upon landmark cases and seeks to clarify how to apply for a divorce online in 2025.
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A significant ruling from the Supreme Court in Arun Rameshchand Arya vs. Parul Singh sees a wife exempted from the stamp duty on a flat transferred to her under a divorce settlement. The judgment would clarify a property transfer in matrimonial disputes, hence giving financial leeway and easing litigation procedures under Article 142 of The Constitution of India.
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