Family & Divorce

Not everything going right in your family ..?

We are here to help you.

  • Filing Domestic Violence Cases
  • Filing for Dowry Cases
  • Alimony
  • Child Custody
  • Separation of Property
  • Filing for other Family matters and/or even for FIR Quashing

Why Us

An Expert team of Lawyers with experience of different cases 

Our lawyers are prevalent in a range of courts :

 

  • Mumbai High Court
  • Sessions Court
  • District Court
  • Tribunals
  • Supreme Court 

Along with creating a tailored strategy that safeguards your interests

Criminal Aspect

  • Criminal complaint Under section 498A of Indian Penal Code, 1860 and its proceeding before CAW cell

Civil Aspect

  • Petition for Divorce under various grounds as per Hindu marriage Act viz.
  • Petition on the ground of mutual consent
  • Petition on the ground of Contested Divorce
  • Petition on the ground of cruelty
  • Petition on the ground of Desertion
  • Petition on the ground of impotency
  • Petition on the ground of adultery
  • Petition for Custody of children under provisions of HMA, 1955
  • Application for seeking Interim maintenance and expenses by wife
  • Application for restitution of conjugal rights
  • Suit for partition of the joint property owned jointly by husband and wife

Documents

  • Marriage certificate
  • Four passport size photographs of the marriage of husband and wife
  • Evidence proving spouses are living separately since more than a year
  • Evidence relating to the failed attempts of reconciliation
  • Income tax statements for the last 2-3 years
  • Details of profession and present remuneration
  • Information relating to family background
  • Details of properties and other assets owned by the petitioner

Frequently Asked Questions

There are three strong points regarding which a husband and wife have to reach a consensus.

  1. One is alimony or maintenance issues: As per law, there is no minimum or maximum limit of support. It could be any figure or no figure.
  2. The custody of the child: This must necessarily be worked out between the parties, as it is inevitably what requires the greatest amount of time in divorce without mutual consent. Child custody in a mutual consent divorce can also be shared or joint or exclusive depending upon the understanding of the spouses.
  3. The third is the property: The husband and wife must decide who gets what part of the property. This includes both movable and immovable property. Right down to the bank accounts, everything must be divided. It is not necessary for it to be fair, so long as it is agreed to by both parties.

The duration of a divorce by mutual consent varies from six to 18 months, depending on the decision of the court. Usually, the courts prefer to end mutual consent divorces sooner, rather than later. As per Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years. Do note that living separately does not necessarily mean living in different locations; the couple only needs to provide that they have not been living as husband and wife during this time period.”

Before anything, you should be aware to produce a divorce notice to your spouse. This is to clarify the emotions and a platform to initiate your thoughts on discontinuing the relationship. A legal notice for divorce will bring in clarity to the other spouse about the future relationship which you want to hold. A spouse can send a legal notice for divorce to the other spouse in order to communicate his/her intention to take legal steps forward covering the marriage relationship. It is a formal communication which is the first step to break the 2018husband and wife 2019 connection.”

When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children and even indigent parents. The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding the payment on the alimony, the court will take into account the earning potential of the husband, his ability to regenerate his fortune and his liabilities. In case either spouse is unable to pay for the divorce, then the spouse who earns will have to pay these expenses

In a contested divorce, the alimony, its amount and tenure, depend upon the length of the marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony. The other essential factors are: Age of the spouse (or the person who is ought to receive the alimony). Economic condition or the earnings of the person who is to provide the alimony. The health of both spouse (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her. They can claim a larger alimony on the basis of their failing health). 4. The spouse that retains custody of the child would either pay lesser alimony or pay a greater amount while the child is a minor.

It seldom matters whether you or your spouse own the property. If you are married irrespective of the fact that a divorce petition has been filed you have the right to occupy the property. If you are also looking after children, the case is much stronger. While the property may be granted to one or the other spouse in the divorce settlement, until this is done, both spouses have the right to remain on the property.

Many assume that the mother always gets custody of her children. This is not the case. While the courts usually agree to the decision of the parents in a mutual consent divorce, the courts will look into the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. You cannot take money into consideration. Usually, the court provides the custody of their children to non-working mothers, but the fathers are expected to provide financial support.

Court fees for filing a divorce are low; the cost is mainly in the fees you pay your lawyer. Lawyers tend to charge fees for appearing in court and doing any other work. Depending on how intensely it works, therefore, it may cost anywhere from the low ten thousands to lakhs of rupees.

One can dissolve a marriage in India by means of annulment. The procedure for annulment is same as that of divorce, except that the grounds for annulment are different from that of divorce. Reasons for annulment are fraud, the pregnancy of wife by a person other than the husband, impotence before the marriage and subsisting even at the time of filing the case. Once the Indian court grants an annulment, the status of the parties remains as it was prior to the marriage.

A marriage is automatically void and is automatically can be invalid when the law prohibits it. Section 11 of the Hindu Marriage Act, 1955 deals with: Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 of the Act.

  • Bigamy: If either spouse was still legally married to another person at the time of the marriage then the marriage is void, and no formal annulment is necessary.
  • Interfamily marriage: A marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption.iii. Marriage between close relatives: A marriage between an uncle and a niece, between an aunt and a nephew, or between first cousins, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs

A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress or fraud. The duration for obtaining divorce varies from case to case and place to place. Generally speaking, contested proceedings take 18 to 24 months. Mutual consent varies from 6 months to 18 months

Steps to Follow

Steps if considering family matter

  1. SETTLING THE DISPUTES BY MEDIATION AND CONCILIATION
    This ensures that the matter is solved by an agreement between both the parties and reduces the chances of any further conflict. In short, the aim of these courts is to form a congenial atmosphere where
    family disputes are resolved amicably.
  2. LEGAL REPRESENTATION FOR BOTH PARTIES FOR TRIAL BY THE COURT
    Post failed conciliation proceedings to resolve the issue successfully, the matter taken up for trial by the Court. The Conciliators are professionals who are appointed by the Court.
  3. OPTION TO THE AGGRIEVED PARTY TO APPEAL BEFORE THE HIGH COURT UPON PASSING OF THE FINAL ORDER
    Such an appeal Is to be heard by a bench consisting of two judges.

Steps if divorce by mutual consent

  1. QUESTIONNAIRE
    Once you finalise the service, we will provide you a questionnaire to capture your details.
  2. DISPATCH OF DOCUMENTS
    You will be required to send the signed copy of the petition along with the required documents to us.
  3. FILING DIVORCE PETITION
    Upon receipt of documents, the joint petition will be filed at the appropriate Family Court.
  4. APPEARANCE OF PARTIES
    You and your partner along with the lawyer will appear before the Family Court.
  5. RECONCILIATION PERIOD
    The Court will give you a period of
    5 months to re-think the decision of obtaining divorce. Court may reduce this period to even one month, if deemed fit.
  6. GRANT OF DIVORCE
    Upon satisfaction of the judge that all requirements of divorce are met. a mutual consent divorce decree would be granted.

Contested Divorce

In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason.

The reasons are as follows, though some are not applicable to all religions.

  1. Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
  2. Adultery
    One spouse deserting the other without reasonable cause (cruelty, for example) is a reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason
  3. Conversion
    Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed
  4. Mental Disorder
    If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought.
    life cannot e performed.
  5. Communicable Disease
    if the spouse suffers a communicable disease, such as HIV/AIDS, syphilis, gonorrhoea or a virulent and incurable form of leprosy, the Hindu law allows for a divorce
  6. If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she
    obtain a judicial decree of divorce.

 

Steps if considering divorce without mutual consent

This is case-by-case dependent, Please connect with us to know more.