Areas of Practices
MUTUAL CONSENT DIVORCE
13B Divorce by Mutual Consent.
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
The above said waiting period of six months is not mandatory but it is only directory and can be relaxed in cases where there are materials to waive the statutory period
CONTESTED DIVORCE
What is the procedure to file Divorce Petition:
In case of a contested divorce, there are specific grounds listed under Section 13 of the Hindu Marriage Act, 1955 on which the petition can be filed.
Valid Reason for Divorce
Submit documents like, marriage card, marriage photo,
Aadhard Card and Passport size photos.File the petition of divorce along with all the above documents
Court will issue summons to other side party.
then objection, evidence and final argument
MAINTNANCE
In the context of matrimonial disputes, maintenance is a claim by the wife from Husband seeking financial claims. Concept of Maintenance over the years has changed. Earlier, maintenance would mean and include only amount for bare sustenance. Now, maintenance include support for child/ren, residence, medical expenses amoungst various other components
What all documents required to file Maintenance Petition.
Marriage Proof. Marriage Photo
Aadhar Card, Child Birth Certificate,
Address Proof, Medial Bill, School Fees receipts
Asset and Liability Declaration/Affidavit
CHILD CUSTODY
The custody of a Hindu child is governed by the Guardian and Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956. Jains, Buddhists and the Sikhs are also included under the definition of a Hindu.
As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child.
The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death the custody shall be given to the mother.
In case the child is illegitimate then the custody shall be with the mother itself.
If the parents are not willing to take the custody of the child or if the court thinks that for the welfare of the child it would be better if he is not kept under the guidance of the parents then even a third person may be allotted the custody of a Hindu child. In this case usually, the grandparents be that paternal or maternal will be preferred to get the custody of that Hindu child if they are interested.
If neither the parents nor any of the close relatives of the child are initiating to take the custody of the child then the court by itself shall find an appropriate person who could take the custody of the child.
RESTITUTION OF CONJUGAL RIGHTS
Section 9 of the Hindu Marriage Act, 1955 talks about the restitution of conjugal rights. It states that: Without any reasonable excuse, withdraws from the society of others, Then the aggrieved party may apply by petition to the district court for restitution of conjugal rights,
Section 9 of the Hindu Marriage Act, 1955 talks about the restitution of conjugal rights. It states that:
When either the husband or the wife,
Without any reasonable excuse, withdraws from the society of others,
Then the aggrieved party may apply by petition to the district court for restitution of conjugal rights,
And if the court satisfies with the truth of the statement made in the petition and found that there is no legal ground to reject the petition,
Then, the court may issue a decree of restitution of conjugal right accordingly.
Restitution of Conjugal Rights Available
to Hindus under section 9 of the Hindu Marriage Act, 1955.
to Muslims under the general law.
to Christians under sections 32 and 33 of the Indian Divorce Act, 1869.
to Parsi under section 36 of the Parsi Marriage and Divorce Act, 1936.
And under section 22 of the Special Marriage Act, 1954 for persons married under the Special Marriage Act.
Essential Elements of Restitution of Conjugal Rights
The essential elements of section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights) are as follows:
There must be a valid marriage that exists between the parties.
One should withdraw from the society of another.
This withdrawal must be made without any reasonable excuse.
The court must satisfy the truth of the statement that no legal ground exists for refusing the decree.