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… Read more JUDICIAL SEPERATION Judicial separation is, in many cases, […]
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.
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.
The contested divorce is the type in which the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage. When spouses cannot arrive at an agreement, even with the assistance of their legal counsel (if any), they must approach a court to adjudicate their dispute.
Uncontested divorces are often referred to as simple divorces. An uncontested divorce occurs when the couple agrees on all issues required to conclusively and effectively terminate their marriage, leaving nothing of consequence that is disputed or unresolved. This type of agreement is not equated necessarily with an amicable divorce
Non-resident Indians, Indian citizens who have either settled abroad or are temporarily abroad on work permits, involved in matrimonial difficulty can face particular difficulties when confronted with complex issues such as divorce, annulment of marriage, child custody and other legal proceedings.
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: 1) Interim Maintenance 2) Permanent Maintenance.
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.
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”.
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. 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.