Child Custody

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.

Judicial Seperation

Judicial separation is, in many cases, a part of the process towards divorce. Section 10 of the Hindu Marriage Act states the grounds under which judicial separation can be ordered. These grounds are similar in their nature to the grounds under which divorce can be sought.

Maintenance

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.

Mediation and 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, even though that may not support a position or view held. Ultimately, no one is perfect.

NRI Legal Services

Non-resident Indians, Indian citizens who have either settled abroad or are temporarily abroad on work permits, involved in matrimonial difficulty can face particular difficulties when confronted with complex issues such as divorce, annulment of marriage, child custody and other legal proceedings.

Transfer Petitions

Transfer Petitions can be filed by any party to a proceeding in the Supreme Court or the High Court. Transfer Petitions filed in the High Court concern the issue of jurisdiction with the state and that of the High Court. In the Supreme Court, Transfer Petitions are filed under section 25 of the Code of Civil Procedure 1908. This gives the Supreme Court original jurisdiction to hear such matters.

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.

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”.

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.

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.

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