Matrimonial Law

Matrimonial Law:

1. Services for Court Marriage Registration:

Legal consultancy, excellent suggestions, and assistance in whole procedure
Marriage Registration Certificate at the earliest possible
A marriage, which has already been mutually solemnized, can be registered either under the Hindu Marriage Act 1955, or under the Special Marriage Act, 1954
Hindu Marriage Act, 1955: Valid where couples are Hindus, Buddhist, Jains or Sikhs
Special Marriage Act, 1954: Valid where husband or wife or both are not Hindus, Buddhist, Jains or Sikhs
In case of Protested Marriage- instant Relief of Protection from Police and Parents i.e. taking order from Civil court if someone is not protecting your right or infringe your right.

Court Marriage Registration lawyers in Hisar, Haryana and Delhi & NCR: Advocate Pritam Saini and Associates provides expert services and guidance.

2. Services for Dowry Cases and Domestic Violence Cases:

Dowry is a social evil in the society that has caused tortures and crimes towards women.
In India, payment of Dowry is prohibited in 1961 under Civil law, and subsequently by Sections 304B and 498A of Indian Penal Code were enacted to make it easier for wife to seek redress from potential harassment by husband’s family.
In India, 32% of ever-married women reported having experienced physical, sexual, or emotional violence by their husbands in their lifetime.
Protection of Women from Domestic Violence Act, 2005 (PWDVA): Aims to protect women from domestic violence. Covers physical, emotional, sexual, and economic abuse. Provides various orders for protection, residence, and relief.
Indian Penal Code, 1860 (Section 498A): Deals with cruelty by a husband or his relatives towards a woman. Criminalizes acts of cruelty, harassment, or torture.
Criminal Law (Amendment) Act, 2013 (Section 354A): Amended the IPC to include new offenses related to sexual harassment. Relevant in cases of domestic violence.
Juvenile Justice (Care and Protection of Children) Act, 2015: Protects children’s rights and welfare. Relevant when children are victims of domestic violence.
The Prohibition of Child Marriage Act, 2006: Aims to prevent child marriages. Relevant when child brides face domestic violence.

Advocate Pritam Saini and Associates, provides expert guidance across Hisar, Haryana and Delhi & NCR region, who can fight for your Right.

3. Service for Divorce Cases and Child Custody Cases:

Divorce Act, 1869, shedding light on its provisions, matrimonial jurisdiction, grounds for dissolution of marriage, nullity of marriage, judicial separation, alimony, settlements, and custody of children.
Contested Divorce: Filed under Section 10 of The Divorce Act, 1869. Here, grounds include adultery, conversion to another religion, incurable unsound mind, venereal disease, absence for a significant period, refusal to consummate the marriage, non-compliance with a decree for conjugal rights, desertion, and cruelty
Mutual Divorce: Filed under Section 10A of The Divorce Act, 1869.
Nullity of Marriage: Filed under Section 18 read with Section 19 of the act. Grounds for such a decree include impotence, prohibited degrees of consanguinity or affinity, lunacy or idiocy at the time of marriage, or a prior marriage still in force
Judicial Separation: Filed under Section 22 of The Divorce Act, 1869. The Act abolished divorce a mensa et toro but allows for judicial separation. Either the husband or the wife can apply for a decree of judicial separation based on grounds such as adultery, cruelty, or desertion for a specified period. The decree of judicial separation has similar effects to a divorce a mensa et toro under the previous law.
Damages, Cost and Alimony: The Court may order the payment of alimony to the wife or her trustee, taking into consideration the financial positions of both parties. An application for alimony can be filed under Section 36 read with Section 37 of the act.

Settlement and Custody of Children: Under section 41 of the act, provisions are in place to safeguard the welfare of minor children in cases of separation, dissolution, or nullity of marriage. In suits for separation, the Court has the authority to issue interim orders and include appropriate provisions in the final decree regarding child custody, maintenance, and education of the children involved.

Under section 42 of the act, the Court can also initiate protective measures for the children’s well-being. Similar powers extend to suits for dissolution or nullity of marriage, allowing the Court to make interim orders and subsequent orders after the decree, ensuring the best interests of the children are prioritized and their protection is guaranteed. The Act emphasizes the importance of securing the rights and welfare of minor children throughout the legal process of marital dissolution.

Types of Child Custody in India:

Physical Custody: Child lives with the custodial parent and undertakes all day-to-day activities.
Joint Physical Custody: Child lives with both the parents for a significant time-period. In such a setup, both the parents have equal rights on their Child.
Sole Custody: Here, entire Right to live with the child lies in the hand of one parent only. This often happens in cases when the other parent is abusive, instable, violent, or incapable in nature.
Third Party Custody: Here none of the biological parents have any Right on the Child. Instead, the Child custody is granted to the third person by the Court.