Matrimonial and Family Law

Mutual Divorce.

This is the most easy and convenient way to dissolve the marriage. One can file divorce petition under Section 13 B of Hindu Marriage Act, 1955.
There are two stages-

  • First Motion
  • Second motion

Statements are recorded of both husband and wife at first motion. Thereafter, after 6 months the second motion is held and after taking the fresh statement the divorce is successfully granted.


Contested Divorce

When a spouse is seeking to dissolve the marriage they can file a divorce petition under Section 13 of Hindu Marriage Act, 1955 on several grounds.
Grounds which the parties can seek for divorce, are as follows-

  • Adultery
  • Cruelty
  • Desertion
  • Conversion into another religion
  • Unsoundness of mind
  • Mental disorder
  • Virulent & Incurable form of leprosy
  • Venerable disease
  • Renounce of world
  • Missing for last seven years or more


Cruelty

Section 498-A was introduced to protect a married women from being subjected to cruelty by her husband or relatives of her husband. Punishment for subjecting a married women to cruelty is imprisonment upto 3 years and fine.

Men can also protect themselves from false allegations. The first step is to apply for anticipatory bail followed up by regular bail.


Maintenance or Alimony

Under Section 125 Crpc one can file application of maintenance. During the trial one can file the application for maintenance to seek monetary amount to live her livelihood during the pendency of trial. The object of this provision is to provide a monthly allowance to the wife, children and parents.


Interim Maintenance

Under Section 24 of Hindu Marriage Act, 1955 wife/husband can file an application for interim maintenance during any pendency of trial/proceeding under this Act.


Child Custody

The law associated under Hindu Law namely, Section 26 of Hindu Marriage Act 1955, Section 138 of Special Marriage Act & Hindu Minority & Guardianship Act 1956.
Child Custody are basically of 3 type

  • Interim Custody
  • Permanent Custody
  • Visitation Right


Domestic Violence

Protection of Women from Domestic Violence Act, 2005 is basically provide protection to the wife or female live-in partner from domestic violence at the hand of husband or male live-in partner or his relatives. Domestic violence includes actual abuse or the threat of the abuse whether Physical, Sexual, Verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered this definition.


Dowry

Dowry is a social evil in the society, that has caused unimaginable tortures and crime towards Women. In India, the giving or receiving of dowry prohibited under Dowry Prohibition Act, 1961 and make it easier for the wife to seek redress from harassment by the husband’s family. Section 304 B of Indian Penal, Code & Section 113 B of Indian Evidence Act, 1872 are also provide relief against dowry related offences.