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When a married couple gets a divorce, the court may award “alimony” or spousal support to one of the former spouses, based either on an agreement between the couple or a decision by the court itself. The purpose of alimony is to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. Maintenance is granted to wife’s who are unable to maintain themselves. Maintenance can also be classified in to two parts.
During the pendency of the proceeding regarding monthly allowance for the maintenance, the court orders such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct.
Permanent maintenance is usually only awarded in cases in which there is a large disparity in the parties’ incomes or earning capacities. Permanent maintenance cases are rare and the length of the marriage is not the determining factor. The goal of any maintenance award is to enable the recipient to become financially self-sufficient with time. Permanent maintenance is typically available only in long-term marriages. Maintenance is an integral part of all matrimonial proceedings. Our team tries to get the client the best possible remedy in these cases and get adequate funds for the spouse in need.
Domestic Violence Lawyer New Delhi – Domestic violence is any kind of behaviour that a person uses, or threatens to use, to control an intimate partner. The two key elements are threat and control. Domestic violence can take various forms.
The section was enacted to combat the menace of dowry deaths. It was introduced in the code by the Criminal Law Amendment Act, 1983 (Act 46 of 1983). By the same Act section 113-A has been added to the Indian Evidence Act to raise presumption regarding abetment of suicide by married woman.
The main objective of section 498-A of I.P.C is to protect a woman who is being harassed by her husband or relatives of husband. We provide our expertise service in this regard in defending as well as prosecuting the case. We have vast court experience in these type of proceedings.
Annulment of Marriage Case Law Firm Delhi – Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is not considered to have existed in the eyes of the law.
This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, an annulled marriage is considered never to have existed. The advocates here make sure that this process is completed in a way that causes the least problems to the client’s emotions.
Child custody and visitation lawyer New Delhi – Under Indian law, maximum importance is given to the best interests of the child and so either parent does not have a clear primacy to be granted the custody of the child. The thinking has shifted from custody and access being the ‘right of a parent’ to being the ‘right of a child’. After the dissolution of a marriage, custody of a child can be given as:
NRI Lawyer in New Delhi – The subject of foreign divorce in India sounds quite complicated and people are hardly aware about the legalities involved with it. First and foremost, it is essential to understand the meaning of foreign divorce. The issue arises when a marriage, which is sanctified in India, is taken in front of foreign court for dissolution. Such an event produces uncertain questions, which need to be comprehended, both technically as well as fundamentally. We know the art of trade to keep the attendance of client in Court to minimum one or two during entire contested divorce case. We have achieved the unique distinction of getting the Divorce by Mutual Consent via power of attorney and video-conferencing which ensure that you even do need to be present in the Court.
We provide complete and regular update to client about the development of the divorce, annulment, child custody cases. We are just a call or e-mail away. Our time structure is also tailor-made to address the issues of NRI Legal Services. We have achieved commendable success in NRI’s Divorce and allied matter by adopting practical and lateral approach in the resolution of dispute.
In case you want to get a divorce in the foreign country where you reside, it must be a mutual consent divorce. The Indian legal system does not recognize Ex parte divorce orders, i.e., where only spouse participates.
You can apply for a divorce according to the foreign marriage law prevailing in the country where you reside. Afterwards, you need to seek a declaration in accordance with the Family Courts Act to make the foreign judgment valid in India. The client will be informed that this declaration can be sought only in the family court which has the jurisdiction to try the case.
If you want recognition of the divorce in India, it has to be a mutual consent divorce. In certain cases, the divorce granted by a foreign court will not be recognized in India. Our expert NRI lawyers with all their knowledge will make sure that all these cases are covered, by the exceptions provided by the Indian Code of Civil Procedure. They deal with conclusiveness of a foreign judgment.
Mutual Consent Divorce is the basic way of coming out of the marriage and dissolving it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach an agreement. One is the financial support or the maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. We help you solve all these concerns through correct guidance and we respect your wants and wishes.
Contested divorce in India is a formal way of seeking divorce from your spouse who is not agreeable to the idea of divorce. Contested divorce in India reflects a situation wherein one spouse has finally made up his/ her mind to proceed with divorce. Importantly reasons for contested divorce are not your personal choice to come out of the relationship. Reason should be one which is attributable to your spouse whose conduct, actions, omissions and failure to discharge expected reasonable behaviour that has annoyed you to the extent that you come to a conclusion that living together is not possibility.
Our team provides supremacy and Excellency while dealing with such cases.\
In the majority of cases, this provision is invoked in married matters and frequently at the instance of the partner once she is clothed as a respondent in the proceedings initiated by the husband and in cases wherever the parties have separated for married variations and are living in several states. In these types of cases, the partner moves for transfer of the proceedings on the bottom of her inability to defend the proceedings for being not during a position to afford travelling, being not during a position to not leave her child/children behind and on the grounds her personal safety and inconvenience besides expenses. The Court invariably takes a sympathetic read in favour of the partner but, that’s continuously not the case as in some cases the Supreme Court has control that the convenience of the petitioner cannot eclipse the necessity of justice. Our team has several years of experience in dealing with such matters.