RESTITUTION OF CONJUGAL RIGHTS

Restitution of conjugal rights is a remedy available to spouses that can be ordered by the Courts. Spouses can seek orders made by the Court, in situations where a spouse has left the company of the other spouse, for the restitution of conjugal rights. If the spouse filing the application to the Court is successful, the Court will then direct the other spouse to rejoin the company of their spouse. For such orders not to be made, there needs to be very strong reasons in support of the spouse who has left the company of the other spouse. Restitution of conjugal rights is a method generally used in matrimonial law cases.

498A ALLIED CRIMINAL CODE PROCEEDINGS

Matrimonial proceedings are currently not confined to the civil and family law jurisdiction. In many cases, where cruelty or harm is caused to a wife by a husband or relative in relation to dowry demands, under section 498A if the Indian Penal code a criminal case is filed against the people who caused the cruelty or harm. Further, cases can be brought under section 406 of the Indian Penal Code for breach of trust alongside of provisions of the Code and the Dowry Prohibitions Act. At first instance in matters of this nature, the defendant(s) has to apply for interim protection, anticipatory bail and regular bail, though it is not only limited to there. We have expertise in both defending and prosecuting cases of this nature. We have lengthy experience in court procedures, as well as attempting to negotiate and settle the issues as expeditiously as possible. This minimizes the potential harm done in matters of this nature.

ANNULMENT OF MARRIAGE

A party can seek annulment of his or her marriage by lodging a petition. There are a number of circumstances under which such a petition can be lodged, which we have expertise in. Once the petitioning party is successful in proving his or her case, the marriage will be declared null and void. The practical effect of such a declaration is that the Court finds the marriage has not taken place at all, but the parties are not labelled as “divorcees”. In the Indian framework, annulment of marriage is important as it provides a mechanism for situations where a marriage has been solemnized under fraud or where one of the spouses is already married.

DIVORCE MEDIATION & COUNSELLING

It is well known that matrimonial disputes have a large effect on the emotions, mental health, egos and feelings of the parties involved. Human nature is unfortunately difficult to predict. Accordingly, it can be difficult to see that, on occasions, we may not necessarily be correct or right in our views or actions and, equally, that others may be right, even though that may not support a position or view held. Ultimately, no one is perfect. Having perspective relating to other people’s points of views and positions can help relationships succeed. However, this is not always the case. In these situations, the engagement of a counsellor or mediator may be warranted and prudent. Counsellors and mediators are always impartial and can look at the situation involving the parties in an objective manner. In many cases, counsellors and mediators can and will make suggestions to the parties to help resolve issues and rebuild and repair relationships that have fractured.

That said, there are always cases where counselling and mediation may be futile, though it is hoped these are rare. In these circumstances the counsellor or mediator may suggest that divorce is the best option for the parties. Though this can be difficult to accept, it is sometimes the case where a relationship is beyond repair and the spouses are unable to reconcile their differences or solve their problems. However, in any situation, mediation and counselling can be beneficial. All issues can be addressed and the interests of all the parties will be considered, which is particularly important when dealing with issues like child custody and divorce. Accordingly, we suggest and facilitate counselling and mediation in any situation where we think it might be beneficial to the interests of the parties, and may save time, costs and stress. Divorce Lawyer in Noida is the the team of expert lawyers based in Mumbai with 25 years of experience in handling divorce related matters. We have had more than hundreds of successful cases so far about handling divorce maintenance. Book an appointment by using our online facility or give us a call to discuss your case.

DIVORCE MAINTENANCE

Maintenance is an important part of all matrimonial proceedings. An application for maintenance is filed by a spouse who does not have the means in which to support themselves and, thus, requires maintenance.

Maintenance is divided in to two parts, specifically:

INTERIM MAINTENANCE: Interim maintenance is provided while court proceedings are ongoing. The effect of an interim maintenance order is that the party receiving maintenance is not disadvantaged because of their inability to support his or herself while the proceedings are ongoing. The quantum and frequency of interim maintenance varies, but the status of the parties prior to the proceeding is strongly considered, as well as the income and means of the party against whom maintenance is claimed. The goal on interim maintenance is to maintain a level playing field for the parties.

PERMANENT MAINTENANCE: Permanent maintenance is decided at the conclusion of matrimonial proceedings. The Court will make an order or orders for maintenance on a permanent basis. These orders will depend on the facts and circumstances of the case itself and how the Court ultimately finds. Divorce Lawyer in Noida is the the team of expert lawyers based in Noida and Ghaziabad with experience in handling divorce related matters. We have had more than hundreds of successful cases so far about handling divorce maintenance. Book an appointment by using our online facility or give us a call to discuss your case.

MUTUAL CONSENT DIVORCE

Mutual Consent Divorce came into force by act of the Parliament of India amending the Hindu Marriage Act in 1976. Since coming into force, Mutual Consent Divorce has brought reassurance to many Indian citizens. Our firm understands this and, when we consider it appropriate in the circumstances, we will suggest this as a way forward to clients in order to avoid long, costly and drawn out litigation. As prescribed in the law, the minimum time period in which a Mutual Consent Divorce is six months, though parties can file their secondary petition between six and eighteen months after filing the first Mutual Consent Divorce Petition. Many aspects of Mutual Consent Divorce can be difficult, challenging and perplexing; including:

• • Initiating Mutual Consent Divorce Proceedings;

• • Practices and procedures of the Courts;

• • Time periods around Mutual Consent Divorce

• • Terms and conditions of Mutual Consent Divorce;

• • Spousal maintenance; and

• Custody of children;

We specialise in creating an atmosphere where the parties to a Mutual Consent Divorce can communicate in an open manner, minimising the stress and grief involved. Once a husband and wife have come to the realisation that their marriage is no longer sustainable, though it is difficult, they should openly accept that their marriage has broken down. These decisions are not easy, and society often places pressure on couples to stay together, however, the happiness and quality of life of the husband and wife is more important than these issues. Further, raising children in an environment where a marriage has broken down can have an extremely negative impact on children. We will assist in working out how the custody of children is arranged, noting that it is most important that the welfare of the child or children is the primary concern. This includes physical custody, visitation, and interim custody during holidays. Ideally, we like to see both parents take an active role in the raising and development of their children and will strive for this.

Once the Petition has been filed, the parties will be required to attend Court to record the necessary statements. Power of attorney can be granted in situations where a party is unable to attend, though this is normally granted to a close relative. The recording of this statement is colloquially known as the First Motion. After a period of no less than six months has elapsed from the First Motion, the parties can then move to have the Second Motion heard. This period of time is there to allow possible reconciliation between the parties. Also, either party can withdraw their consent to the divorce proceedings in this period. However, if the parties seek the Second Motion, they or the person who has been granted power of attorney will need to again appear in Court. Another statement will be recorded. Thereafter the Court will then grant a decree of divorce and the marriage will be dissolved.

JUDICIAL SEPERATION

Judicial separation is, in many cases, a part of the process towards divorce. Section 10 of the Hindu Marriage Act states the grounds under which judicial separation can be ordered. These grounds are similar in their nature to the grounds under which divorce can be sought. If the party applying to the Court for judicial separation is successful, a decree is then issue by the Court for judicial separation. The practical effect of this is that the parties may then live separately. The standard of proof required to successfully apply for judicial separation, however, is lower than that required in contested divorce proceedings. Once judicial separation has been issued by decree, so long as the parties have not cohabitated for a period of no less than twelve months, the parties can then apply for divorce. Judicial separation proceedings can also be, subject to the Court’s approval, be converted into divorce proceedings.

What is judicial separation? Judicial separation is the last step in the divorce proceedings, before the actual divorce itself. It can be called as the last resort before the complete legal breaking of the marriage. Through the decree of judicial separation, the court orders the husband and wife to live separately, giving each party time and space for introspection.

CHILD CUSTODY

By far the most complex, difficult, challenging and important issue during divorce proceedings is that of child custody. It is often the case that children of any age are exposed to pain and suffering that is no fault of theirs. In almost all cases, both parents want to retain custody of their child or children. In the Indian system, the custody of children is decided by the Court of Guardians and Wards. The Court holds the welfare of children as the most important issue to be decided in proceedings where custody is being sought by both parties.

PERMANENT CUSTODY: After determining all the issues before it, the Court will grant custody of the children to one party.

INTERIM CUSTODY: While proceedings are still pending before the Court (or in other circumstances where a final determination has not been made), the Court can grant interim custody to one of the parties. Further, the Court has the power to grant interim custody of children to the other party during periods such as holidays and vacations.

VISITATION RIGHTS: Except in extremely rare circumstances, every parent has an unquestionable right to spend time with his or her children. Accordingly, it is the case that a parent who is not awarded custody of his or her child by the Court will still have the right to meet and spend time with his or her children. Reasonable visitation rights, allocating times, dates and locations, are ordered by the Court which allows the parent to maintain and develop their bond with his or her child.

Divorce Lawyer in Noida is the the team of expert lawyers based in Noida and Ghaziabad with experience in handling divorce related matters. We have had more than hundreds of successful cases so far about handling child custody. Book an appointment by using our online facility or give us a call to discuss your case.