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. As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.
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.. Broad grounds for Divorce are as under:-
Divorce on the ground of Unsoundness of mind or mental disorder Divorce on the ground of Virulent and Incurable form of leprosyDivorce on the ground of Venereal disease Divorce on the ground of Renounce the WorldDivorce on the ground of AdulteryDivorce on the ground of CrueltyDivorce on the ground of DesertionDivorce on the ground of Conversion to another religionDivorce on the ground of Not heard for a period of seven years or more
Beside above, there are couples of additional grounds for divorce available only to female.
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.
They have option of filing divorce case in India. But, the biggest problem they face is direct interaction with his/her prospective Divorce Attorney to understand the complex issues of tarns-border divorce cases and NRI Divorce Laws, etc. We at Legaleye Associates have expertise in this area of divorce which involves NRIs, etc. We understand that time is essence and attending Court hearing is expensive as well as time consuming. We offer our specialized services and represent the client before the Court. We have achieved the unique expertise in getting Divorce by Mutual Consent via power of attorney and video-conferencing which ensure that you even do need to be present in the Court.
We provide complete and regular update to client about the development of the divorce, annulment, child custody cases. We are just a call or e-mail away. We have achieved commendable success in NRIs Divorce and allied matter by adopting practical and lateral approach in the resolution of dispute.
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.
In such cases, at the first instance, husband and his relatives have to apply for the interim protection, anticipatory bail and regular bail, etc. We provide our expertise service in this regard in defending as well as prosecuting the case. We have vast court experience in this regard. We also try to effectively negotiate and settle the matter in between the parties so that the parties can be saved from the traumatic experience of criminal proceedings.
Likewise, Protection of Women from Domestic Violence Act, 2005, popularly called as Domestic Violence Law or DV provides variety of rights to women victim of Domestic Violence. Such rights include claim of monetary relief, rights to residence, compensation for domestic violence, protection order, and child custody amongst other reliefs.
Domestic violence Act has come into force with objective of expeditious disposal of the claim of women who are victim of domestic violence. Domestic violence complaint is filed in the Court of Magistrate who is empowered to pass exparte orders. Domestic violence has come in to force with objective of providing economic justice and independence to women victim of domestic violence.
Domestic violence law specifically provides the right to residence. Right to residence includes in living in the shared house hold irrespective of fact whether wife has right, title or interest over the property/residence. This specific provision is inserted in Domestic Violence law to arrest the menace of abandoning the woman and children, if any, without roof and shelter in case of matrimonial disputes. DV Act also provides for alternate accommodation. Hence, law cast a mandate on the husband to provide residence to the wife. Such residence can be shared house hold where husband and wife lived together and made such house as their matrimonial house. Alternatively, law mandates husband to provide alternate residence comparable to the one previously enjoyed by the wife while living together.
FALSE DOMESTIC VIOLENCE (DV) CASES AND FRIVOLOUS PROSECUTION AGAINST HUSBANDS AND THEIR FAMILIES
Many of times it is observed that false and frivolous prosecution is invoked against the husband and his family members in abuse of law and its processes, we have distinct expertise in having such frivolous cases quashed.
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