Our Family Lawyers in Delhi To Help You In Family Lawsuits
Over the past 12 years Law office of G.S. Bagga & Associates has successfully contested family lawsuits. Law office of G.S. Bagga & Associates is committed to providing legal advice and representation. Family lawyers in Delhi at Law office of G.S. Bagga & Associates have extensive experience in the following areas mentioned below.
Our Family Lawsuit Case Specialist Advocates in Delhi Help You in Following Cases:
- Annulment of marriage
- Divorce Petition
- Mutual consent divorce
- Adultery charges litigation
- 498A cruelty litigation
- Domestic violence
- Child custody
- Restitution of Conjugal Rights
- Judicial separation
- Child Adoption
- Family Partition
- Maintenance or Alimony
- Counseling and mediation
Annulment of Marriage in India
When the marriage is solemnized on the basis of fraud or the marriage is solemnized despite the fact the spouse is already marriage, then the family lawyer of effected spouse can move an petition of annulment seeking a prayer to the court to declare the marriage null and void as the spouse was already married.
Contested Divorce in India
When a spouse is seeking to dissolve its marriage and end the relationship, they should consult a family lawyer first, then it has to take one or several grounds on the basis of which divorced can be procured. Several grounds, which the parties can seek for divorce, are as follows:
- Conversion into another religion
- Unsoundness of mind
- Mental disorder
- Virulent and incurable form of leprosy
- Venerable disease
- Renounce of world
- Missing for last seven years or more
Mutual Consent Divorce in India
This is the most easy and convenient way to dissolution of marriage, subject to the condition that both the parties should come with family lawyer into conclusion and dissolve the marriage. There are two stages: (1) First motion and (2) Second motion. Statements are recorded of both husband and wife at first motion then first motion is passed. Thereafter, after 6 months the second motion is held and after taking the fresh statement the divorce is successfully granted.
There is always a complication and confusion of several questions when it comes to divorce matter when it involved the law of another land. The parties can consult a family lawyer in Delhi. Parties do get confused with the following:
- How can a marriage solemnized in India be dissolve in foreign court?
- Can a spouse file a divorce petition in foreign court?
- Whether divorce decree granted by foreign court applicable in India?
- Can a party restrain the other party during court proceedings in foreign country?
- Can a person file a divorce case in foreign court?
- How is foreign court decree executed in India?
- What one should do once he received a foreign summons?
It is difficult to answer all the questions framed above; as every case has its own nature and it answer varies with each other. However, the decree of foreign court is applicable in India subject to the condition that the ground taken for divorce should be a valid ground as per Indian law and should be available in India.
Furthermore, there is one more twist in foreign court cases, if the one of the spouse comes back to India, leaving the case uncontested in foreign, and thereafter filed a divorce cases in India to prevent the spouse to obtain a foreign decree, then foreign decree will not be applicable and will prevail over Indian court decree. There reason is Indian court has jurisdiction over its citizen.
The other issue is child custody and maintenance, for these issues same principle applies as mentioned above.
Presently, matrimonial cases are not limited to civil and family nature. It extends to criminal nature also which is often alleged with cruelty. Whenever there is a allegation of 498, there is always a registration of First Information Report (FIR). Moreover, this not only applicable to the husband’s relatives
In such cases, the first step is to apply for anticipatory bail followed up by regular bail. In Law office of G.S. Bagga & Associates, Our Family Advocate in Delhi help the husband’s and their relatives to get the anticipatory bail as quickly as possible followed up by regular bail and further trial proceedings.
Domestic violence law has been made to protect the women from domestic violence arising from marriage and/or lives in relationship. This law is exclusively made for woman. It is only woman who can file complain if she is experiencing domestic violence from her husband, in-laws or any other relatives. The complaint can be filed in the court of magistrate who has the power to pass ex-parte order and provide justice as deem fit. If domestic violence case is proved, then the accused can be convicted for one-year imprisonment and with fine of 20,000/-. However, the unfortunate part of this law is that even a male is victim of domestic violence then also he has no right to file complain under domestic violence, though there are other means of law which he can choose to get justice. If you are a woman, experiencing domestic violence, then you can call our firm immediately any assistance, Our Family Case Specialist Advocate in Delhi will help you to get justice on priority basis and make sure that you live a non-violence life.
Maintenance or Alimony
Maintenance or alimony is a part of matrimonial proceedings. During the trial proceeding one can file the application of maintenance and seek a monetary amount to live his livelihood during the pendency of trial. There are various ways of filing maintenance. A family lawyer in Delhi can help in filing application for maintenance or alimony. Application for maintenance can be filed with the matrimonial proceedings or it can be filed under criminal procedure code. Furthermore, maintenance is also of two kinds, permanent and temporary. Temporary maintenance is something, which the court directs one of the parties to pay the other party during the pendency of trial. Permanent maintenance is something, which is awarded when the case is finally decided, depending upon facts and circumstance of the case.
In matrimonial cases the most complex and emotional issue is of child custody. Child custodies are basically of three types: (1) Interim custody – This is a kind of custody in which one of the parent is allowed to visit the child as per the schedule set up by court; (2) Permanent custody – This is a kind of custody which is decided after determining all the issues, and accordingly court gives right of custody to one of the parent and (3) Visitation right – Even if one of the spouse get the permanent custody of child, but then also, court respects the emotional attachment which the parents have with their child, and accordingly they grant a visitation rights to the other parent so that he remains in touch with the child and continue to maintain the emotional relation with its child.
RESTITUTION OF CONJUGAL RIGHTS
When one spouse leaves the other spouse, then one can file the petition of Restitution of conjugal Rights and pray the court to direct the spouse to join the marital life. However, if the reasons of leaving are strong and justifying enough, then court can also reject it.
It is just one step less than divorce. Under section 10 of Hindu Marriage Act on can file the petition of judicial separation. Court after considering facts of the case allows the judicial separation. However, after one year, if court observes that there has not been cohabitation between the parties then it becomes a good ground for passing a decree of divorce.
Our family lawyers in Delhi have years of experience and always take every case as a personal case. Family lawyer at our law firm aim to deliver the justice you really deserve.
Ask Your Question to Our Family Lawyers in Delhi
If you have further questions related to family litigation; feel free to contact our family lawyer in Delhi. Anyone can contact us by dialing +91-9213782334 or just contact us to get answer for your queries.