Divorce Lawyer In Udaipur
When matrimonial dispute arises between parties to marriage, it brings number of litigations with it. It includes civil as well as criminal litigation and involves civil laws, Law of custody, Dowry Prohibition Laws, Domestic violation laws, property issues etc. For example:
Under Criminal Law:
Criminal complaint Under section 498A read with 406 of Indian Penal Code, 1860 and its Proceeding before CAW cell and Magistrate;
Complaint under Protection of women from Domestic Violence Act 2005;
Complaint under Dowry Prohibition Act;
Application under section 125 of Code of Criminal Procedure 1973 seeking mentainence by wife;
In filing or defending Bail and anticipatory Bail at any level, before any court namely court of session or High Court and supreme court;
In filing or defending various complaints under the various sections of Indian Penal Code as applicable in the particular case;
Under Civil/Family Law:
Petition for Divorce under various ground mentioned under section 13 (1) & (2) and 13B of Hindu marriage Act viz. (i) on the ground of mutual consent (ii) Petition on the ground of cruelty, desertion, impotency, adultery etc.
Petition for custody of children under provisions of Guardianship and Wards Act, 1955
Application u/s 24 of HMA for seeking interim maintenance and expenses by wife;
Application u/s 9 of HMA for restitution of conjugal rights;
Application u/s 10 of HMA for Judicial Separation;
Application u/s 12 of HMA for seeking declaration of Marriage Viod;
Suit for partition of the joint property owned jointly by husband and wife;
Divorce proceeding can be initiated by two ways. (a) Contested Divorce as defined under section 13 of Hindu Marriage Act-1955 and (b) Divorce by way of mutual consent. Some legal provisions are illustrated herein below:
13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion ; or
(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive;
Explanation.- In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to which they were parties.
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground-
(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before the commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of the petition;
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or
(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, (78 of 1956), or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;or
(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
13-B. 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, 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 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 mean time, 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.
So, we provide comprehensive legal services to our clients so that they can get one window solution of every kind of Disputes and at every level of disputes under matrimonial law, criminal law or disputes related to property. We also provide legal consultancy services, prior to dispute so that the dispute can be avoided, besides providing litigation services to our clients at each and every level of dispute.
Besides the above, we provide legal assistance to our clients in the following matters namely:
Registration of marriages in Delhi and NCR,
Conversion from one religion to other
Nikah under Muslim law
Police protection to our clients, from courts;
Adoption of children
Guardianship and custody of minor
Khula under Muslim laws
Inheritance & succession
Drafting and registration of Wills
Probate and Letter of Registration
Partition of joint properties
Divorce by mutual consent U/s 13B (1) & (2) HMA
Restitution of conjugal rights U/s 9 HMA
Judicial separation U/s 10 HMA
Interim maintenance u/s 125 Cr.P.C
Appointment of protection officer under D.V.Act
Interim compensation under D.V.Act
Separate residence order under D.V.Act
Registraion of WILL/ Gift Deed/ Probate / Letter of Administration etc.