We are an established and experienced law firm serving clients around the world
in all areas of family law matters. We stand apart in our ability to provide a
broad range of legal advocacy and information on a wide range of family law
issues. Having an extensive network with best lawyers all over India, our
service includes representing clients, in almost any corner of the country, Our
team has experienced and sympathetic people committed to helping clients by
resolving their disputes professionally and concentrate on achieving the best
possible outcome quickly. We have many years of combined experience in acting
for clients in difficult matrimonial cases and child care proceedings. Our
endeavor is to help you negotiate the most delicate and emotionally upsetting
of family problems with sensitivity coupled with practical efficiency.
We have developed a comprehensive knowledge of the intricacies of our highly
complex practice. The broad experience of each member of our firm is at the
disposal of each one of our clients. We aim to provide expertise to clients
where,
both or one partner is Indian and are/is living abroad. Our
experts in the matrimonial law can assist you with their expertise and guide on
issues related to ancillary/ financial property where either spouse is in India
or has assets in India, correct way of obtaining a divorce in India or any
other services for support in this area are needed.Our area of expertise also
includes child custody as well as child protection law.
Our team is equipped to maintain a professional, but trustworthy relationship
dealing with his clients regarding all these matters. With experts in private
individual legal issues always available, we can handle almost any legal
requirement quickly and effectively.
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India a vibrant diverse country accepts personal laws of its
citizen. Every citizen of India is entitled to have his own personal laws inter
alia in the matter of marriage and divorce. Hindus are governed by Hindu
Marriage Act, 1955 which provides for the conditions of a Hindu Marriage where
under the bridegroom should be of 21 years and bride of 18 years, they both
should be Hindus and should not be within the degree of prohibited relationship
or sapindas, neither party should have a spouse living nor any party should be
subject to recurrent attacks of insanity or epilepsy, either of them should not
be suffering from mental disorders or should not be unfit for marriage and
procreation of children and both should be of sound mind and capable of giving
valuable consent.
Divorce under the Hindu Marriage Act 1955 can be
obtained on the grounds of
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Adultery
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Cruelty
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Desertion for two years
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Conversion in religion
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Unsound mind
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Suffering from venereal disease and/or Leprosy
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Either spouse has renounced the world not heard for 7 years
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No resumption of co-habitation for one year after the decree of judicial
separation
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No restitution of conjugal rights for one year after decree for restitution of
conjugal rights Husband guilty of rape sodomy or bestiality
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And if after an order of maintenance is passed under the Hindu Maintenance and
Adoptions Act or the Criminal Procedure Code there has been no cohabitation for
one year.
As regards the maintenance and adoption of
children, Hindus are governed by The Hindu Adoption and Maintenance Act.
Muslims are governed by their personal laws under which "Nikah" (i.e. marriage)
is a contract and may be permanent or temporary and permits a man 4 wives if he
treats all of them equally. To have a valid "Nikah" under the Muslim Law,
presence of a Qazi (Priest) is not necessary. Merely a proposal in the presence
and hearing of two sane males or one sane male and two sane female adults, all
Muslims and acceptance of the said proposals at the same time constitute a
valid Nikah under the Muslim Personal Law. A husband can divorce his wife
without any reasons merely by pronouncing thrice the word "Talak". However for
a Muslim woman to obtain divorce certain conditions are necessary.
For Parsees
there is a Parsee Marriage & Divorce Act, 1939 which governs the provisions
of their marriage and law and for Indian Christian there is a Indian Christian
Marriage Act 1889. Persons of any religion who get married under the Special
Marriage Act, 1954 are governed by the said act.
There are certain penal
provisions also in the Criminal Procedure Code providing for the maintenance of
the wife and punishment for bigamy.
VARIOUS ENACTMENTS
1. The Indian Divorce Act, 1869
2. The Special Marriage Act, 1954
3. The Hindu Marriage Act, 1955
4. The
Hindu Minority and Guardianship Act, 1956
5. The Hindu Adoptions and
Maintenance Act, 1956
6. The Dowry Prohibition Act, 1961
7. The Foreign Marriage Act, 1969
8. The Family Courts Act, 1984
9. The Muslim Women (Protection Of
Rights On Divorce) Act, 1986
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