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Family Law is one of the most emotionally area that deals with complex domestic matters involving your loved ones may it be your spouse or other family members. We are specialized in dealing in such disputes/matters involving family such as:
When either of the party to the marriage is not ready to give divorce, then the only option is to file a Petition for divorce before the appropriate Court stating all those grounds on which a party is seeking relief for the Divorce.
There are many grounds for divorce, which are stated in different Acts and also which are defined / interpreted by the Hon’ble Supreme Court of India and various Hon’ble High Courts of States. The most common ground for divorce is physical and mental cruelty by one of the spouses.
In their bunch of judgments the Courts have defined cruelty such as physical assault, mental torture, giving suicide threats and attempts to suicide, defaming each other, refuse to have child, filing false complaint against each other, drive the spouse into depression, termination of job due to false complaint, ill-treatment to / by in-laws, racism, character assassination, etc.
Apart from this, the other grounds are defined in the various Acts which are as follows-
After filing the Petition, the Court would direct parties to participate for the Mediation to check if the parties can reunite together. In the event, if the mediation fails then the Trial goes on till the final hearing. The parties will have to submit their respective evidence and each party would get chance to cross-examine the other party. The success in such matters is completely dependent on effective planning and appropriate steps at the appropriate time.
The Firm has dedicated team of lawyers who are experienced enough to help you deal with your current situation.
This is one of the fastest modes of Divorce. The parties can part their ways on good note by taking Mutual Consent Divorce. The only condition in Mutual Consent Divorce is that the parties should be living separately for a period of at least one (1) year (two (2) years for Christian spouses) and they have to observe cooling period of six (6) months. This cooling period of six months in Mutual Consent Divorce can be waived off only when there is previous litigation history between the parties and parties are living separately for the past 18 months from the date of Separation. All the terms and conditions of the Divorce which includes Child Custody and Alimony/ Maintenance will be incorporated in the Petition.
During the pendency of the Petition, Court fixes 1 or 2 sessions of Counseling and Mediation between the parties to find out if parties can stay together again. If either or both the parties are residing abroad then with the special permission, cooling period of 6 months can be waived off.
Our team of lawyers have decades of experience which makes us one of the best lawyers for mutual consent divorce.
The welfare of Child is paramount consideration for the Court in deciding the matter relating to custody of child. While deciding the Child custody, the Court grants custody of minor Child to mother where the child is below the age of 5 years. If the Child is female, mother's claim becomes strong. Once the custody is granted to mother or father, their remarriage will not affect the custody given to them. While giving custody, Court takes into account the wish of the concerned Child. Also, Court assesses the psychological impact, if any, if the custody is given to husband or wife.
The Court also takes into consideration factors like economic well-being of the person, child's ordinary comfort, emotional support, health, education, etc. On presentation of the Petition for Child custody, the Court would first decide on the interim custody of the Child and after extensive trial, Court decides on permanent custody. Even on the illegitimate Child (the child born not out of a wedlock) the parents can have same right of custody as of the legitimate child. Irrespective of who is having the custody of Child, the father has primary responsibility of all his/her monetary expenses.
Our team of lawyers have decades of experience which makes us one of the best lawyers for child custody.