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Family Lawyer : Mutual Consent, Contested, Domestic Violence, Child Adoption, Maintenance, Conjugal Rights, Court Marriage.
Mutual Consent
Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. Mutual Divorce Petition Form is used when both The Husband and The Wife are in mutual consent for ending their marriage and filing for Divorce. Mutual divorce means that both parties agree to the filing of the Divorce and will not oppose it.
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.
Contested Divorce
Dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage. A contested divorce refers to a divorce proceeding in which the spouses have a dispute or don’t agree on the issues concerning the divorce. These issues generally include the distribution of marital assets, child custody, and spousal support.
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Restitution of Conjugal Rights[RCR]
Give customers a reason to do business with you. Restitution of Conjugal Rights: If your spouse has left you without giving any reasonable ground, the Hindu Marriage Act 1955 gives you remedy in the form of Section 9 under the restitution of conjugal rights. Under the existing laws in India, the spouse seeking restitution of conjugal rights can get a decree directing his other spouse to cohabit and take part in sexual intercourse. He can also seek coercive measures in the form of attachment of property in case the spouse willful disobeys the decree of restitution.
Nullity of Marriage , Void Marriage & Voidable Marriage
If there are any impediments (obstructions), then the parties cannot marry each other. If someone marries and there are any obstructions in the marriage process then it is not a valid marriage. Impediments are divided into two types which are: absolute impediments and relative impediments..
In absolute impediments, a fact that disqualifies a person from lawful marriage exists and the marriage is void i.e an invalid marriage from the beginning.
In relative impediments, an impediment that forbids marriage with a certain person exists and the marriage is voidable.
Void Marriage: A marriage is considered void under the Hindu Marriage Act if it doesn’t fulfils the following conditions of Section 5 of the Hindu Marriage Act:
Bigamy : If any of the parties have another spouse living at the time of marriage. It shall be considered as null and void.
Prohibited Degree: If the parties are within a prohibited relationship unless the customs allows it.
Sapindas A marriage between the parties who are sapindas or in other words a marriage between the parties who are of his or her relations or of the same family.
Voidable Marriages (Section 12): A marriage is voidable on either side of the party is known as voidable marriage. It will be valid unless the petition for invalidating the marriage is made. This marriage is to be declared void by a competent court under the Hindu Marriage Act, 1955. The parties of such marriage have to decide whether they want to go with such marriage or make it invalid.
The grounds where marriage can be termed as voidable:
1. The party to the marriage is not capable of giving consent due to the unsoundness of mind
2. If the party has been suffering from repeated attacks of insanity
3. The party is suffering from mental disorder which makes her unfit for reproduction of children .
4. The consent of marriage by either of the parties is done by force or by fraud.
5. If either of the parties are under-aged, bridegroom under 21 years of age and bride under 18 years of age.
6. If the respondent is pregnant with a child of someone other than the bridegroom while marrying
Child Custody
Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. The religion-based distinction of the personal laws is an evident and accepted fact. These laws are zealously guarded, fiercely protected and justified by the various religious communities..
Domestic Violence
The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act provides for the first time in Indian law a definition of "domestic violence", with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not for meant to be enforced criminally.
IPC Section 498A
498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
-> An offence under Section 498A is non-bailable, where bail is not a matter of right but dependent on the discretion of the court. It is non-compoundable so that the victim is not pressured into compromise. And it is cognizable in that a police officer can make an arrest without a warrant from the court.
->Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.
->Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.
![The Protection of Children from Sexual Offences [POCSO]](http://img1.wsimg.com/isteam/ip/d835cfaf-3ce6-4e6b-b70d-5f0984a9913e/POCSO-Act-Apr-28-780x405.jpg/:/rs=w:1209,h:605,cg:true,m/cr=w:1209,h:605)
The Protection of Children from Sexual Offences [POCSO]
To deal with child sexual abuse cases, the Government has brought in a special law, namely, The Protection of Children from Sexual Offences (POCSO) Act, 2012. The Act has come into force with effect from 14th November, 2012 along with the Rules framed thereunder.
The said Act defines a child as any person below eighteen years of age, and defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor. People who traffick children for sexual purposes are also punishable under the provisions relating to abetment in the said Act. The said Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.
Property Documents Verification
Property document verification is examining and checking of the documents related to a particular property before you plan on getting yourself associated with it.
If you are planning to buy property, or taking a property on lease, or wishing to take home loans or mortgaging property against a loan, it is extremely important that you ensure that this property is free of any legal issues / encumbrances and that you are not being cheated on by anyone in this regard.
In order to safeguard your interests, safety and peace of mind, it is absolutely necessary that all the papers and documents concerning the property in question are thoroughly examined. Improper documents could get you into legal trouble. Thus, one needs to be vigilant in property matters.
Buying a property can be an overwhelming experience. It can affect you emotionally and can be immensely financially draining. This could be a reason alone as to why everything in a property transaction should be carried out with utmost precaution and care. The documents should also be verified with precision and that is exactly why you need an expert property lawyer to do the deed.
498A Anticipatory Bail
As soon as you hear about a complaint being filed against you under section 498A, you should take the following steps: Immediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail. Draft an anticipatory bail application along with your lawyer and sign it.
@ "We have protected pre-arrest or anticipatory bail provision in dowry harassment cases," said a bench headed by Chief Justice Dipak Misra and comprising Justices. ... The offence is both non-cognisable and non-bailable, which implies that bail can only be granted at the discretion of a magistrate.
@ Normally the bail takes 15 to 30 days, as when you file a petition then the public prosecutor receives the petition he will file objections which takes few days, thereafter the arguments are heard then orders are passed , the whole process takes 15 to 30 days normally.
@ only a husband can file a criminal case under Section 497 against the paramour with whom his wife had undergone a sexual intercourse. However, a wife cannot lodge a complaint against the woman with whom her husband has physical relationship.
@ Defamatory case can be filed for the grounds other than 498A allegations made by your wife. During defense evidence you may bring some witnesses and let the Court know that prosecution witnesses were purchased by your wife. You may use section 120B of IPC but it can be replaced by any other section like 34 or 149 IPC.
Court Marriage
Court Marriage is the term which indicates the legalization of marriage. In India, every marriage has to be legalized. To be more specific, Court Marriage means legal authorization of marriage between two people belonging to two different religions, according to the Special Marriage Act 1954. Even those who belong to same religion may also choose court marriage. So, Court marriage means getting married in court which makes that marriage legal.
Steps::
@ Notice of Intended marriage – Applying at the marriage registration office.
@ Publication of Notice – Officer publishes it at this office and at the local office
@ Objections to Marriage – Any objections will be received within 30 days before marriage according to the act in chapter II section 4.
@ The signing of Declaration – Declaration by both bride and groom
@ Place of Marriage – Place can be other or the one that belongs to the bride or groom
@ Certificate of Marriage – Certificate will be issued by the authorities.
1. The bride and groom should be present. 2.Three Eye-witnesses & 3. Thirty days of notice period. 4. The groom is above 21 and the bride is above 18.