Divorce Laws

Comprehensive Legal Representation for Divorce

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Legal matters related to divorce, custody, maintenance, succession, and inheritance fall under the domain of personal laws. Marriage laws, in particular, are deeply personal and governed by various statutes in India, including:

  • Hindu Marriage Act, 1955
  • Indian Divorce Act, 1869
  • Muslim Marriage Act, 1957
  • Special Marriage Act, 1954
  • Foreign Marriage Act, 1969
  • Indian Christian Marriage Act, 1872
  • Dissolution of Muslim Marriage Act, 1939

Matrimonial disputes often lead to both civil and criminal litigations, encompassing legal issues such as custody battles, dowry cases, domestic violence, and property rights. Our legal team provides expert assistance in navigating these complexities, ensuring justice and fair representation.

Matrimonial Disputes Under Criminal Law

  • Complaints under Section 498A and 406 of IPC, including proceedings before CAW cells and Magistrates.
  • Complaints under the Protection of Women from Domestic Violence Act, 2005.
  • Complaints under the Dowry Prohibition Act.
  • Applications under Section 125 Cr.P.C. for maintenance claims.
  • Legal representation for bail and anticipatory bail at all judicial levels.
  • Defense and prosecution of criminal complaints under various IPC provisions.

Matrimonial Disputes Under Civil Law

  • Divorce petitions under Section 13 (1), (2), and 13B of the Hindu Marriage Act.
  • Custody petitions under the Guardianship and Wards Act, 1955.
  • Interim maintenance applications under Section 24 of the Hindu Marriage Act.
  • Restitution of conjugal rights petitions under Section 9 of HMA.
  • Judicial separation petitions under Section 10 of HMA.
  • Declaration of marriage as void under Section 12 of HMA.
  • Partition suits for jointly owned properties of spouses.

Divorce Proceedings

Divorce proceedings can be initiated in two ways:

Contested Divorce (Section 13 HMA)

One party files for divorce on legal grounds such as:

  • Adultery
  • Cruelty
  • Desertion (for at least two years)
  • Conversion to another religion
  • Unsound mind or mental disorder
  • Incurable leprosy or venereal disease
  • Renunciation of the world
  • Missing for over seven years

Mutual Consent Divorce (Section 13B HMA)

Both parties agree to dissolve the marriage and jointly file a petition after living separately for at least one year. The court grants divorce after six months, provided neither party withdraws the petition.

Alternative Dispute Resolution: Mediation & Conciliation

We strongly advocate for mediation and conciliation to resolve matrimonial disputes amicably. Our team assists clients in approaching mediation centers at district courts and high courts, ensuring a dignified and mutually beneficial resolution.

Additional Legal Services

Our firm also provides expert legal assistance in the following areas:

  • Marriage registration in Delhi and NCR.
  • Conversion of religion for marriage.
  • Legal assistance for Nikah under Muslim law.
  • Police protection for couples facing life threats due to marriage.
  • Adoption of children.
  • Guardianship and custody cases.
  • Khula (divorce initiated by women) under Muslim law.
  • Succession certificates.
  • Will registration and execution.
  • Probate cases and letters of administration.
  • Partition of joint properties.
  • Mutual consent divorce under Section 13B (1) & (2) HMA.
  • Restitution of conjugal rights under Section 9 HMA.
  • Judicial separation under Section 10 HMA.
  • Interim maintenance under Section 125 Cr.P.C.
  • Appointment of protection officers under the Domestic Violence Act.
  • Interim compensation and residence orders under the Domestic Violence Act.
  • Legal documentation including Will, Gift Deeds, and Relinquishment Deeds.

Why Choose Advocate Priyanka Mishra?

  • Extensive Experience in Family Law: Expertise in handling matrimonial disputes at all legal levels.
  • Personalized Legal Assistance: Tailored legal strategies for each client.
  • Efficient Dispute Resolution: Mediation and conciliation to avoid prolonged litigation.
  • Strong Courtroom Representation: Aggressive legal advocacy for divorce, custody, and maintenance cases.
  • Ethical and Transparent Approach: Commitment to fairness and justice.

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