At KMG Legal we provides legal solutions for Matrimonial and Family Disputes. Our team of best family and divorce lawyers in Delhi and all over India with foreign and domestic clientele on all aspects of matrimonial and family matters.
Our Team of Best Advocates in India provides assistance to its clients in the areas of :
Family Laws
Divorce Matters
Maintenance Cases
Cases under Domestic Violence
Child Custody Matters
Restitution of Conjugal Rights
Dowry Cases
Rights of Hindu Women in Undivided Property
Cases pertaining to Rights of Muslim Women
Registration of Marriages.
Laws for Divorce in India
India is a diverse country and so are its laws when it comes to Divorce. With an ever-evolving society and rapidly changing laws, its easy for a person to find himself stuck in its complications with no other efficacious remedy left but to enter litigation. Tussles in a marriage are unavoidable, can lead to civil as well as criminal proceedings. It is at this stage when a person should look for the best divorce lawyer who helps ease off the process.
Depending upon the relationship a couple shares, Divorce may be contested or can take shape of a mutual divorce. In both cases, it is necessary to take proper steps, ensuring one’s peace of mind. In case of a contested divorce and with aggravated heat, it may at times be necessary to file for an anticipatory bail prior hand, before things take turn for the worse. An efficient, intelligible and experienced divorce lawyer should be someone you must look out for.
As aforesaid, Divorce laws differ for every religion. It is the Hindu Marriage Act of 1955 that deals with Marriage and Divorce amongst Hindu’s. Likewise, there are separate laws for Muslims, Christians, Parsis and so on which deal with marriages and Divorce.
Divorce under the Hindu Marriage Act 1955
As per Section 13 of the of the Hindu Marriage Act, following are the ground for Divorce :
1. Adultery: Adultery is a valid ground for seeking Divorce. However, as per recent judgment of the Supreme Court, it is no longer a criminal offense.
2. Desertion: Abandonment of a spouse by another is what is known as Desertion. It is a valid ground for Divorce under Hindu Laws.
3. Insanity: When one of the spouses is suffering from permanent insanity, the other can call off the marriage by simply filing a Divorce Petition through a Divorce lawyer in the Court of Law
4. Conversion: If a person changes his religion without the consent of his/her spouse, he/she can file a divorce petition on grounds of Conversion.
5. Renunciation: When a spouse has renounced family life altogether, the other has an option to file for divorce on the same grounds.
6. Cruelty: It is well established that cruelty can be both, mental as well as physical. Only a divorce lawyer with ample experience and wit can walk you through this ground for filing a divorce.
7. Venereal disease
8. Presumption of death: If a person has not heard of the other’s existence for over 7 years, he then becomes eligible to seek divorce.
Besides the above iterated grounds there are a few more grounds which a wife can avail to seek Divorce :
1. At the time of marriage, the husband is married and not divorced his 1st wife and she is alive.
2. Husband is found guilty of unnatural offenses.
3. If marriage is done before she attained the required age of marriage.
Key Concepts:
• Marriage: A legal contract between two individuals that creates a recognized union.
• Divorce: The legal dissolution of a marriage.
• Child Custody: The legal determination of who has the right to care for and make decisions for a child.
• Child Support: The financial obligation of parents to provide for their children's needs.
• Adoption: The legal process by which a child becomes the legal child of individuals other than their biological parents.
Types of Family Law Cases:
• Divorce proceedings
• Child custody disputes
• Child support enforcement
• Adoption petitions
• Domestic violence protection orders
• Prenuptial and postnuptial agreements
• Estate planning for families
Legal Process:
Family law cases are typically filed in civil court. The process may involve:
• Filing a petition or complaint
• Serving the other party with legal documents
• Attending court hearings
• Presenting evidence and arguments
• Reaching a settlement or going to trial
Legal Professionals Involved:
• Family law attorneys
• Judges
• Mediators
• Child custody evaluators
• Social workers
Importance of Family Law:
Family law plays a vital role in protecting the rights of individuals within families. It provides a legal framework for resolving conflicts, ensuring the well-being of children, and upholding the institution of marriage.
Current Issues in Family Law:
• The impact of same-sex marriage on family law
• The rise of surrogacy and other assisted reproductive technologies
• The increasing complexity of child custody disputes
• The need for affordable family law services