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FAQs on Matrimonial/Family Law
Find answers to common questions about matrimonial and family law matters
Hindu Marriage Act, 1955 is the Act applicable on the Hindus whose marriage has been solemnized by way of pheras/saptapadi.
Yes, under Section 9 of the Hindu Marriage Act, if either spouse has withdrawn from the society of the other without reasonable excuse, the aggrieved party may apply for restitution of conjugal rights.
A void marriage under Hindu Marriage Act is one that is null and void from the beginning. Such marriages include those where parties are within prohibited degrees of relationship, bigamous marriages, or marriages that don't comply with essential ceremonies.
Grounds for divorce include adultery, cruelty, desertion for continuous period of two years, conversion to another religion, mental disorder, leprosy, venereal disease, renunciation of the world, and presumption of death. Additionally, wives have special grounds such as bigamy, rape, sodomy or bestiality.
Yes, under Section 24 of the Hindu Marriage Act, both husband and wife can claim maintenance during the pendency of proceedings. The court may order either party to pay to the other party such sum as may be reasonable.
Yes, you can file a petition under Hindu Marriage Act if either party has been living in India for at least one year immediately preceding the filing of the petition, or if the marriage was solemnized in India.
Under Section 13-B, mutual consent divorce can be filed if the parties have been living separately for one year or more. After filing, there is a cooling-off period of six months before the final decree can be granted.
No, the Domestic Violence Act covers not just physical abuse but also emotional, verbal, sexual, and economic abuse. It provides protection against any act that harms, injures, or endangers the health, safety, life, limb or well-being of the aggrieved person.
The Special Marriage Act, 1954 applies to people of all religions and provides for civil marriage and divorce. It is particularly useful for inter-religious marriages or for those who wish to marry outside religious ceremonies.
While courts generally prefer to keep children below five years with the mother, this is not an absolute rule. The paramount consideration is always the welfare of the child. Courts consider various factors including the child's age, wishes, and the ability of each parent to care for the child.