Family and Matrimonial Laws

 

MUTUAL CONSENT DIVORCE

Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act. Mutual Consent Divorce is the fastest and easiest way to obtain divorce in India. As a mutual consent divorce lawyer, it is desirable to suggest to parties to understand the futility of long drawn litigation and thereby proceed towards mutual consent divorce. Typically, the duration/time of obtaining mutual consent divorce is six months. In some cases, this period can be waived.

CONTESTED DIVORCE

Contested Divorce implies party desirous of divorce approach the family Court/Civil Court for the dissolution of marriage. Spouse seeking divorce has to take one of the grounds provided under the law of contested divorce. There are different laws dealing with contested divorce for different section of the Society. Special Marriage Act provides grounds for divorce for people married under civil law and whose marriages are registered under Special Marriage Act, 1954. Hindu Marriage Act,1955 provides ground for divorce for Hindus which includes Sikh, Jain and Budh religion. Indian Divorce Act,1869, provides grounds for divorce for Christian.

NRI DIVORCE INDIA

Non-Resident Indians (NRI), Indian settled abroad or on work permit who are involved in matrimonial crisis often faces complex situation of divorce, annulment and child custody and consequent legal proceedings.

498A AND DV CASES

Presently, matrimonial cases are not confined within the realm of civil and family laws. Such cases can have criminal character too. Generally, wherever there is a cruelty exercised by the husband or his relative upon the wife in regard to the demand of dowry, or domestic violence criminal prosecution under section 498A of the Indian Penal Code is registered against the husband and the other relatives who were causing such cruelty or whose name is mentioned in the complaint by the wife. Along with this a case under section 406 of the IPC is registered for criminal breach of trust beside other provision of IPC and Dowry Prohibitions Act.

FALSE DOWRY AND DOMESTIC VIOLENCE (DV) CASES AND FRIVOLOUS PROSECUTION AGAINST HUSBANDS AND THEIR FAMILIES

Quiet often it has been seen that false and frivolous prosecution is invoked against the husband and his family members in abuse of law and its processes. Legaleye Associates has successfully assisted Clients in such matters. Read more by visiting the following link

https://timesofindia.indiatimes.com/city/mumbai/hc-strikes-down-dowry-case-against-uk-women/articleshow/57258920.cms

RESTITUTION OF CONJUGAL RIGHTS

It is another important remedy provided by law to the spouses. In cases, where one party leave the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the Court. The Court directs the defaulting spouse to join the company of the other spouse unless there is a strong reason justifying such withdrawal. This remedy is often used strategically in fighting matrimonial cases.

ANNULMENT OF MARRIAGE

A petition for the annulment of marriage is moved on certain grounds specified in various matrimonial laws. Once a petitioner is successful in proving its case, marriage is declared null and void. Resultantly, the court considers that the marriage has not taken place at all and the tag of the divorcee is not attached.  Annulment of marriage is very important in the scheme of matrimonial laws as there is no point in carrying the burden of divorce in cases where marriage has been solemnized on the strength of fraud or where the marriage is solemnized despite the fact that the responding spouse was already married.

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