Matrimonial Dispute Cases in Indore
We have a legal team of specialized Family Lawyers in Indore to deal with all your Family related cases. We advise and provide legal services in matters relating to Marriage and Registration, Matters relating to Guardians and Wards Act, Matters relating to Hindu Adoption and Maintenance Act, Matters relating to the Special Marriage Act of 1954, Succession Act of 1925, Hindu Marriage Act of 1955, Dowry Prohibition Act of 1961 and The Indian Divorce Act of 1869, with our Expertise and Extensive Knowledge as per the Indian Legal System.
Services in which we are dealing:
(i) Mutual Consent
(ii) Contested Divorce
- Custody of Child ( Guardian Petition )
- Domestic Violence Cases
- Maintenance Cases
- Restitution of Conjugal Rights, Etc.
In a mutual consent divorce, the husband and wife mutually agree to separate and end the marriage. As a result, mutual divorce saves a lot of time as well as money in comparison to a contested divorce. In addition, it is also easier to file for a mutual consent divorce. Under Section- 13B of the Hindu Marriage Act, 1955, a provision has been provided for mutual consent divorce wherein certain conditions must be satisfied by the parties to get a divorce. In addition, Section- 28 of the Special Marriage Act, 1954 and Section- 10A of the Divorce Act, 1869, also cater to mutual consent divorce.
WHAT ARE THE REQUIREMENTS TO REMEMBER IN A MUTUAL CONSENT DIVORCE?
- The husband and wife must have been living separately for at least 1 year.
- There must be no coercion, fraud, or undue influence between the spouses and there must be free consent to get the mutual consent divorce.
- There is no possibility of adjustment or reconciliation between the husband and wife.
Contested divorce denotes a form of divorce where one party to the marriage proceeds to utilize legal recourse for divorce even when the other spouse is resisting to have a divorce between them. It also includes those situations where both the spouses agree to have a divorce but are having discord regarding any issue involved with such divorce such as custody of children, alimony, property division, etc. A contested divorce is solely driven by the grounds available to the parties of a marriage where they have to prove at least one such ground in the court of law.
1. One marriage photo of wife and husband.
2. One Passport Size Photo.
3. Marriage registered certificate If have.
4. Residential proof.
5. Some other documents ( Which depends on case to case)
CUSTODY OF CHILD ( GUARDIAN PETITION ):
When a couple seeks divorce for various reasons if the child or children are minors, the legal right to keep and look after the child/ children is called Child Custody. Generally, it pertains to the right given to a child’s mother or father but under special circumstances like death of the parent/s it maybe even be granted to the grandparents or a third party relative to become the legal guardian of the child till the child attains majority. Custody can be of various kinds and some of them are listed under:
TYPES OF CHILD CUSTODY IN INDIA:
- Legal custody: This term involves the division of rights between the parents to make important life decisions for a minor child/children centred around the choice of a school, physician, medical treatments and religion. If the custody is joint then both parents share decision-making rights for the minor or if its sole rights over the minor, then the parent having the custody can decide over key decisions without consulting the other parent
- Physical custody: It happens when a child lives with a parent and that parent decides over all the regular issues regarding the child for those periods the child is with them. The house of the parent having such physical custody of a child, will normally be the child’s legal residence. The various times during which both parents lodge and take care of the child is a court-ordered custody with a parenting schedule or a parenting plan.
- Bird’s nest custody: Under this type of custody the parents alternate and visit a residence in which the child/children always reside. Therefore, the people who are continuously moving are the parents and not the minor. This practice is more practised in the West, as opposed to India where the Court generally grants physical custody.
- Split custody: This type custody happens when there is more than one child and involves an arrangement in which one parent has sole custody over some children, and the other parent has sole custody over the rest of the children.
- Alternating/ Divided custody: This is an arrangement in which the child lives for an unmitigated period of time with one parent and in the alternate, the rest of the amount of time with the other parent.
- Third-party custody: In exceptional circumstances, this custody involves an arrangement whereby the children are not with either biological parent and are in the custody of a third person who could be a grandparent or a relative.
The Law pertaining to maintenance is a very essential piece of legislation protecting the rights of women and advancing justice to estranged wives. The right to claim maintenance can particularly be found in Section 125 of Code of Criminal Procedure, which also confers the right to claim maintenance on parents and minor children. Apart from law enumerated under Section 125 CrPC, an aggrieved wife can also claim maintenance under the relevant provisions of the Hindu Marriage Act, 1955 and the Protection of Women against Domestic Violence Act, 2005.