Family Lawyers in India
Marriage counseling is utmost important whether before Marriage is solemnized and Marriage registration or beforeDivorce or Judicial separation. Dissolution of marriage can be at the instance of husband or wife called One sided Divorce or it can be Mutual Divorce amicably by both parties.
The main concern at the time of divorce is to provide a permanent alimony for settlement to the wife to end responsibilities towards her and Child custody. All the responsibilities and rights as father continues towards the children for their nutrition, education , and health, whether it is Joint custody or not
judicial separation&divorce
MUTUAL&ONE SIDED DIVORCE
Both parties may amicably agree to the terms and conditions of divorce. This speedifies the process for both parties.
irretrievable breakdown of marriage
A marriage may breakdown irretrievably for any reason of cruelty, desertion, etc.
ANNULMENT OF MARRIAGE
A marriage may be annuled as, it was illegally contracted by concealing facts.
restitution of conjugal rights
MARRIAGE MEANS A SET OF RESPONSIBILITIES TOWARDS EACH OTHER AND THE FAMILY. THE MARRIED COUPLES HAVE TO FULFILL THEIR CONJUGAL RIGHTS. IF THEY FAIL TO DO SO, A MEDIATOR MAY HELP THEM IN SORTING OUT THEIR DIFFERENCES. THE AGGRIEVED PARTY CAN APPROACH COURT FOR RESTITUTION OF CONJUGAL RIGHTS. THE MAGISTRATE MAY SEND THEM TO MARRIAGE COUNSELOR FOR MEDIATION & COUNSELING
https://en.wikipedia.org/wiki/Restitution_of_conjugal_rights
BIGAMY
Adultery is punishable under Section 497 of the Indian Penal Code (IPC), 1860. It is a punishable offence if a man has sexual intercourse with another man's wife without the consent of her husband. Marriage with another woman, without divorcing the first wife is called Bigamy, which is a also a punishable offence.
MAINTENANCE
Marriage means that the husband has to take care of the food clothing and shelter. The wife is not bound by the financial responsibility of maintaining her family. However, if she willingly wants to work to support her family financially, she can do so. In India, the responsibility of the wife is taking care and well being of husband and children. In fulfilling her responsibilities towards her husband, she may share her husbands's responsibilities towards taking care of his parents , grandparents and his sisters, which according to our Indian culture, is actually the responsibility of her husband.
CHILD CUSTODY
Child custody is the most important deçision to be made before the finalization of divorce. Custody can be wth the mother, father or Joint Custody. It has to be decided mutually by the parties before approaching the court or by the court, keeping in mind the interest of the upbringing of the child. Child counselor may be required to counsel the child for his welfare.
Muslim Personal Law
Islam is the only religion in the world which mentions in its holy book, “marry only one”.
However, Muslim man has been permitted to have more than one wife in marriage, provided they treat them equally,which is not so easy or possible for an ordinary & average human being. So,if you can’t do justice between them, marry only one. The children born from such marriages are legitimate children.
A Muslim woman also has a right to dissolve the marriage at her instance, called Khula divorce
A Muslim man can divorce his wife by Talaq of any form,(but not Triple Talaq, Talaq-e-biddat since, it has been disliked by Prophet and his Companions)
Divorce should be oral and in writing. Mediation and Counseling to bring back the couple together, must be done by Arbitrators appointed by both family members before the completion of Iddat period.
A Muslim may foster and adopt an orphan child or children as and may dispose of his property to any one according to his own free will by making a Will called Wasiyat
Marriage Laws
Marriage means to tie a knot between two people of opposite sex. The purpose of marriage is to legalize sexual relations between a couple and for the procreation of legitimate children. It is a permanent union for lifetime, however, in the interest of justice and equality, the provision of divorce(means opening of the knot) has been made to provide justice to the aggrieved party on grounds, of cruelty, desertion, or irretrievable breakdown of marriage. |
Adoption deed
Adoption can be defined as the legal process of terminating a child’s legal rights and duties towards the natural parents
The rights of the child are governed according to personal laws governed Hindu,Muslim,Christian and Parsi Laws
SURROGACY AGREEMENT
Surrogacy in India is mostly a commercial concept of renting a womb by another woman, who is not the actual mother of the child but only a carrier of child for the intending parent/s or adoptive parent/s. The legal parent/s is who intended to be the parent and becomes adoptive parent of the child after birth. The surrogate gets the amount of money for which she had agreed at the time of entering into the agreement.
In some cases , a relative may agree to become a surrogate for the intending parent/s with or without any money being involved in the agreement.
Dowry
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