Transfer Petition can be filed either in Supreme Court or High Court. Transfer Petition can be filed by either parties prosecuting or contesting case. Transfer Petition can be filed either in Supreme Court or High Court. Transfer Petition can be filed by either parties prosecuting or contesting case. Transfer Petition is filed in concerned High […]
Maintenance is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/herself. Maintenance can also be classified in to two parts: Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying […]
In divorce proceedings, the most complex and emotionally drenching issue is that of child custody. Children, young and at times infant have to bear the pain for no fault of theirs. Due to the extreme emotional attachment, both parents want to keep the custody of the children. In Indian set-up, such question is decided by […]
Matrimonial disputes are related with emotions, feelings, ego, and psychological reasons. You would not deny that most difficult thing is to predict the nature and behavior of other human being. We all have tendency of assuming that what we are doing and thinking is correct while others are not doing right. Although, some time we […]
Contested Divorce implies party desirous of divorce approach the family Court/Civil Court for the dissolution of marriage. Spouse seeking divorce has to take one of the grounds provided under the law of contested divorce. There are different laws dealing with contested divorce for different section of the Society. Hindu Marriage Act,1955 provides ground for divorce […]
Mutual Consent Divorce was brought by the Indian Parliament vide Amendment in the year 1976 in the Hindu Marriage Act. Mutual Consent Divorce has brought relieve. As a mutual consent divorce lawyer, it is desirable to suggest to parties to understand the futility of long drawn litigation and thereby proceed towards mutual consent divorce. As […]
It is another important remedy provided by law to the spouses. In cases, where one party leave the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the Court. The Court directs the defaulting spouse to join the company of the other spouse unless there […]
Presently, matrimonial cases are not confined within the realm of civil and family laws. Such cases can have criminal character too. Generally, wherever there is a cruelty exercised by the husband or his relative upon the wife in regard to the demand of dowry, a criminal case under section 498A of IPCis registered against the husband and the other relatives who were […]
Protection of Women from Domestic Violence Act, 2005, popularly called as Domestic Violence Law or DV provides variety of rights to women victim of Domestic Violence. Such rights include claim of monetary relief, rights to residence, compensation for domestic violence, protection order, and child custody amongst other reliefs. Domestic violence Act has come into force […]
Judicial Separation is generally a step towards divorce. Section 10 of the Hindu Marriage Act provides grounds for judicial separation. It is akin to grounds for divorce. Grounds, process and procedure for Judicial Separation is same as in case of contested divorce. On successfully proving case for judicial separation by party initiating the process, Court […]