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Contested Divorce
A contested divorce can file by one partner but another one is not agreed to divorce. One should have certain valid grounds to file a divorce case against the respective spouse. Without proper grounds mentioned under laws, the court may reject their file for divorce. this is time consuming and painful process for both parties. Our experienced legal experts ensure to make the procedure huddle and painless for you. we are providing a video call facility to our NRIs clients for a better understanding of the matter. Having a divorce lawyer on your side can make the entire legal proceeding painless, smooth, and quick. The divorce lawyer can assist you with filing the necessary paperwork in court. Having dealt with divorce issues for many years, we know what we are doing. Not only as divorce lawyers fight for our clients, but we also spread awareness among the public about divorce and other complicated issues.
Mutual Consent Divorce
Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-
- Both Parties ie Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
- On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
- Divorce Petition will be drafted which will include terms of settlement agreed between parties.
- Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
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.
Maintenance
This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self. Maintenance can also be classified in to two parts:
Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting case. Quantum of such maintenance is dependant on variety of factor but most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. Court always tries to bring both the party at equal platform and footing.
498A & Allied Criminal Proceedings
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, a criminal case under section 498A of IPCis 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 IPC is registered for criminal breach of trust beside other provision of IPC and Dowry Prohibitions Act.
Child Custody
In divorce proceedings, the most complex and emotionally drenching issue is that of child custody. Children, young and at times infant have to bear the pain for no fault of theirs. Due to the extreme emotional attachment, both parents want to keep the custody of the children. In Indian set-up, such question is decided by the court of Guardian and Wards. Welfare of the children is the paramount consideration before the Court while deciding the question as to who is entitled to have the custody of children. Custody of children can be divided in to three parts:
- Permanent Custody: After determining all issues, Court grants permanent custody of children to one of the party.
- Interim Custody: During the pendancy of the case and otherwise, court can grant interim custody to one of the spouse. It is also possible that Court grants interim custody of children to the other parent at the times of vacations, holidays etc.
- Visitation Rights: Every parent has inalienable right to meet and see his/her children. Even after winning the case of custody of children by one parent, other parent cannot be denied the right to meet and see his/her children. In disposing of such cases, Court awards reasonable visitation right to the other parents and fix up the time and days for the meeting with his/ her children so that the emotional ties are not broken between the child and the other parent.
WELCOME TO COURT MARRIAGE & MATRIMONIAL LAWYER-
As a prominent and seasoned law firm, we take pride in our team of ten highly skilled and professional lawyers dedicated to providing comprehensive legal solutions.
At COURT MARRIAGE LAWYER, we specialize in handling a diverse range of cases, including civil, criminal, property, and more. Our expertise extends to various types of marriages, such as Court Marriages, marriage registration, Arya Samaj marriage, inter-caste marriage, and NRI Marriage.
What sets us apart is our unwavering commitment to delivering high-quality representation, ensuring that our clients receive thoughtful and careful legal services. We understand the importance of your legal matters, and our goal is to guide you through the complexities of the legal system with expertise and efficiency.
