MUTUAL CONSENT DIVORCE
Mutual consent divorce is growing trend in India as well as other part of the world. Instead of long battles fought for several years by filing, pursuing and defending several cases couples are now opting for mutual consent divorce by mutually settling the terms for their alimony, Stridhan, child custody and all other rights, liabilities and issues arising out of marriage. Procedure for mutual consent divorce is quite simpler and less time consuming.
RESTITUTION OF CONJUGAL RIGHTS
Restitution of conjugal rights is a remedy available to spouses that can be ordered by the Courts. Spouses can seek orders made by the Court, in situations where a spouse has left the company of the other spouse, for the restitution of conjugal rights. If the spouse filing the application to the Court is successful, the Court will then direct the other spouse to rejoin the company of their spouse.
498A ALLIED CRIMINAL CODE PROCEEDINGS
Matrimonial proceedings are currently not confined to the civil and family law jurisdiction. In many cases, where cruelty or harm is caused to a wife by a husband or relative in relation to dowry demands, under section 498A if the Indian Penal code a criminal case is filed against the people who caused the cruelty or harm.
ANNULMENT OF MARRIAGE
A party can seek annulment of his or her marriage by lodging a petition. There are a number of circumstances under which such a petition can be lodged, which we have expertise in. Once the petitioning party is successful in proving his or her case, the marriage will be declared null and void. The practical effect of such a declaration is that the Court finds the marriage has not taken place at all, but the parties are not labelled as “divorcees”.
MEDIATION & COUNSELLING
It is well known that matrimonial disputes have a large effect on the emotions, mental health, egos and feelings of the parties involved. Human nature is unfortunately difficult to predict. Accordingly, it can be difficult to see that, on occasions, we may not necessarily be correct or right in our views or actions and, equally, that others may be right,
Maintenance is an important part of all matrimonial proceedings. An application for maintenance is filed by a spouse who does not have the means in which to support themselves and, thus, requires maintenance. Maintenance is divided in to two parts, specifically: 1) Interim Maintenance 2) Permanent Maintenance.
MUTUAL CONSENT DIVORCE
Mutual Consent Divorce came into force by act of the Parliament of India amending the Hindu Marriage Act in 1976. Since coming into force, Mutual Consent Divorce has brought reassurance to many Indian citizens. Our firm understands this and, when we consider it appropriate in the circumstances, we will suggest this as a way forward to clients in order to avoid long, costly and drawn out litigation.
By far the most complex, difficult, challenging and important issue during divorce proceedings is that of child custody. It is often the case that children of any age are exposed to pain and suffering that is no fault of theirs. In almost all cases, both parents want to retain custody of their child or children. In the Indian system, the custody of children is decided by the Court of Guardians and Wards. The Court holds the welfare of children as the most important issue to be decided in proceedings where custody is being sought by both parties.
Indigo Law Group handles family law cases that concern Indians or Non-Resident Indians. We have enormous experience in counselling clientsconcerning such matters, especially as to divorce, maintenance, child custody &domestic violence. Since, it is an emotional process, we provide counselling to our clients & help them to file and go through the legal process.
Family law is a law which comprises of all the legal matters relating to families or other personal relationships. It includes the legal issues that arise in a family such as Inheritance, Adoption, Marriage, Divorce, Partition, etc.
There are various religions practiced in India which include Hinduism, Islam, Christianity, Jainism, Buddhism, etc. The ceremonialism of marriage is different in every religion. All the laws of different religions are derived from their religious texts and practices.
Matrimonial laws in India are governed by personal laws of the parties depending upon the religion such as:
- For Hindus: Hindu Marriage Act 1955.
- For Christians: the Indian Christian Marriage Act 1872 and Divorce Act1869.
- For Muslims: Marriage is a contract under Muslim Law.
- For Parsi: Parsi Marriage and Divorce Act 1869.
There is also a Special Marriage Act 1954 which is for every religion. The Guardian and Wards Act 1890 deals with the rights and liabilities of guardians and wards. It applies to minor children of any caste and creed.
The Family Court Act 1984 provides for the establishment of Family Courts with a view to secure speedy settlement of, disputes relating to marriage and family affairs, and for matters connected with them.
- Marriage related assistance such as solemnization as per personal laws, court marriage and as per the Arya Samaj Rules and registration thereof as has been made mandatory now.
- Divorce proceedings, both mutual as well as unilateral which includes drafting and representation both before the family courts and appeals arising thereof.
- Counselling sessions in family related matters before divorce and mutual separation.
- Drafting of petitions relating to other family related issues apart from divorce like judicial separation, restitution of conjugal rights, partition of property and further representations thereof.
- Drafting Complaints for registration of FIRs under section 498A and other relevant sections of IPC.
- Petitions and representation before the competent courts in matters arising out of domestic violence and dowry harassment.
- Child custody, paternity issues.