- How our Family Lawyers in Chandigarh help you?
- Why Choose Our Family, Divorce and Child Custody Lawyers in Chandigarh?
- In which courts do our Family, Divorce and Child Custody Lawyers in Chandigarh appear?
- What types of cases do our Family, Divorce and Child Custody Lawyers in Chandigarh contest?
- Are you looking for a divorce lawyer?
- When is divorce a justified solution?
- What does the Hindu Marriage Act, 1955 specify as grounds for divorce?
- How many types of divorces are there?
- Do we really favour divorces as your divorce lawyers?
- What do our veteran divorce lawyers in Chandigarh recommend?
- How to get divorced in India?
- What is Mediation?
- What if mediation fails?
- How to seek divorce?
- What are the child custody rules in India?
- What are the provisions regarding maintenance and divorce in India?
- What are the rules about dowry related cruelty in India?
1. How our Family Lawyers in Chandigarh help you?
Relationships among family members may sometimes become challenging. Our indefatigable family lawyers in Chandigarh assist clients untangle family disputes and offer specific ways to avoid conflicts. Our family lawyers in Chandigarh are committed to provide the highest level of legal assistance during these difficult times.
- Tailored Legal Expertise in divorce cases and family law – Our assiduous advocates provide customized legal solutions to assist clients to resolve family law issues through well thought planning, skilled legal negotiations and experienced case representation. We help resolve matrimonial disputes through monetary negotiation, mediation, and litigation.
- Understanding family law exigencies – Apart from the multifarious traditional legal services that we provide to families in transition, we also provide strategic advice to clients on how to protect their business and personal assets and claims from the opposite side during matrimonial disputes. We advise clients on the impact of family law on estate and partition of property – ancestral and self earned. A well timed legal advice by a divorce lawyer is a panacea for all family disputes.
- Child Custody, Child Abduction and other matters – We offer a wide range of legal services, including assistance with adoptions, property division, cases under Hindu Adoptions and Maintenance Act , Hindu Inheritance (Removal of Disabilities) Act, Hindu Minority and Guardianship Act, Hindu personal law, Hindu Succession Act, the determination of spousal support, international child custody and international child abduction maintenance under section 125 of CrPC and divorce applications including mutual-divorce cases. The best family lawyers also deal in cases of section 498A, demand of dowry, allegations of cruelty by husband and his family, Dowry Prohibition Act, Protection of Women from Domestic Violence Act and quashing of FIR and police complaints in such cases.
2. Why Choose Our Family, Divorce and Child Custody Lawyers in Chandigarh?
- We are family of lawyers since 1951.
- Our partners are trained Mediators in Punjab and Haryana High Court
- We have two former Additional Advocate General on our panel (Simranjeet and his father Iqbal Singh) who practice in Punjab and Haryana High Court
- Because of our experience, even other lawyers seek our advice in Family matters
- Always remember, Family Court are different than other courts and judges decide case with their discretion, not exact rules of law. You need a well known advocate in such matters
3. In which courts do our Family, Divorce and Child Custody Lawyers in Chandigarh appear?
In some cases agreements can be drafted to protect personal and business assets, including family trusts and business units, companies and bank accounts. For litigated matters, lawyers argue family law issues and give support in mediation and conciliation center. Our lawyers, trained in family law, appear regularly in –
- Supreme Court of India
- Punjab and Haryana High Court
- District Courts in Chandigarh, Mohali and Panchkula
4. What types of cases do our Family, Divorce and Child Custody Lawyers in Chandigarh contest?
We also contest cases and provide legal assistance to clients throughout India, Australia, USA and Canada. Having experienced lawyers for criminal, civil and matrimonial disputes at the same time means you are always guided by experts from all legal dimensions. Although NRI(s) or citizens of countries like Australia, Canada and USA live outside India, they have cases related to divorce laws or criminal cases under section 498A pending against them in Chandigarh, Punjab, Haryana. So they contact us for legal assistance in either pending litigation or to prevent this type of litigation. Our seasoned Family lawyers also handle legal family law issues like –
- Annulment of Marriage
- Child Custody
- Child Marriage cases
- Contested and Mutual Divorce
- Counseling & Mediation
- Divorce, Child Custody, Child Abduction
- Domestic Violence
- Dowry demand complaint cases
- Drafting Divorce Petitions for clients
- Foreign Divorce
- Inheritance & Succession
- Judicial Separation
- Love Marriages
- Mutual Consent Divorce
- Partition of ancestral property.
- Personal Laws
- Police Protection
- Probate and wills
- Protection of Women from Domestic Violence Act, 2005 – Domestic Violence Law
- Registration of Marriages
- Restitution of Conjugal Rights
- Restitution of conjugal rights
- Transfer Petition in Supreme Court
Union of two consenting individuals in matrimony is a ritual which sustains our society. Being with a partner who understands, supports and adds to your growth can be a wonderful experience. However, the harsh truth is that every marriage is not successful or pleasant as these words might suggest. Some couples realise with time and drift apart, while others are polar opposites since day one and just pull along till they can’t, anymore. Getting divorced is any day better than being stuck in a bad marriage. You are unfair to yourself as well as to your partner in that case. An experienced divorce lawyer can help you with the legal process while you sort your personal life. As one of the most established divorce lawyers in Chandigarh, SLA can certainly help you work out a reasonable solution and separate on favourable terms. With some of the best divorce lawyers of Chandigarh at your service, you need not worry about the outcome, rather focus on your life ahead. Our commendable track record and successful representations has made us the preferred choice of individuals looking for senior divorce lawyers in Chandigarh. We are a team of highly professional and committed divorce lawyers, who do not simply represent the clients but make sure we make the procedure as convenient as possible for them. We understand that seeking a divorce is no less than emotional roller coaster and we keep in mind that the client needs all the support he/she can get during that testing time. As per the case, we suggest mediation, reconciliation or out of court settlement if it seems feasible. Whichever route the client adopts, our top divorce lawyers are available for all possible legal assistance and support.
5. Are you looking for a divorce lawyer? We are here
Our team of reliable divorce lawyers is there to help you whether you want to file for a divorce or simply seek advice to begin with. You can reach out to our team over a phone call, e-mail or a personal appointment for a quick assessment and consultation. We have handled numerous divorce and related cases and we have some of the top divorce lawyers in Chandigarh on our panel to help you out with any marital law issues. Our services are not confined to domestic clients alone. Over the years we have also built a reliable NRI clientele and cater to marital issues being faced by NRIs. Our NRI divorce lawyers in Chandigarh are familiar with and have in-depth knowledge of marital laws applicable in various countries and India to help NRI clients.
6. When is divorce a justified solution?
A few decades ago, marriage was looked up to as a sacred bond to be maintained at all costs, even at the cost of the happiness and mental peace of the partners. With time, this perception is changing for the good. Divorce is no longer considered a taboo and people opt to walk out rather than suffer in a failed marriage. No doubt the changed opinion about marriage means more divorces, but it also means people choosing to be happily single than being miserably married. Whether you are a wife seeking a divorce or a distressed husband who has had enough, our experienced divorce lawyers in Chandigarh can help you out. In India, there are various personal marital laws as per the various prevalent faiths- we have Hindi Marriage Act, 1955 for Hindus, Jains, Sikhs and Buddhists. Parsis have Parsi Marriage and Divorce Act, 1936. For Christians there is Divorce Act, 1869. Divorces within Muslim couples are governed by Dissolution of Muslim Marriage Act, 1939. As with other laws, marriage laws are also constantly revised to accommodate the changing societal norms and demands. Few legally accepted grounds for divorce include:
- Presumption of death
- Venereal disease
Other reasons include bigamy, domestic violence, dowry, bestiality, sodomy etc.
7. What does the Hindu Marriage Act, 1955 specify as grounds for divorce?
Section 13 of the Hindu Marriage Act, 1955 mentions the following as valid reasons for seeking a divorce: Divorce can be sought if either of the spouses has
- Had voluntary sexual intercourse with a person other than his or her spouse after the solemnization of marriage
- Treated his/her partner with cruelty post the solemnization of marriage
- deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition
- ceased to be a Hindu by conversion to another religion
- been incurably of unsound mind, or has been 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.
- been suffering from a virulent and incurable form of leprosy
- been suffering from venereal disease in a communicable form
- renounced the world by entering any religious order
- 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.
There are certain grounds available to the wife for seeking a divorce. These include:
- If the husband is already married at the time of marriage to petitioner and has not yet divorced his previous wife and the previous wife is still alive.
- If the husband is found guilty of unnatural offences like rape, bestiality, sodomy etc.
- If the marriage was solemnized before the petitioner turned fifteen years old and she repudiated it after that age but before she turned eighteen.
8. How many types of divorces are there?
Every marriage is not destined to succeed no matter how well it begins at the outset and has been backed by blessings and good wishes. A marriage depends a lot on how well the couple adjusts with each other, how compatible they are and whether they are willing to work at it, every day. Both the parties need to put in efforts, to sustain a happy marriage as well as save a failing one. If nothing seems to work and divorce is the only way out, our divorce lawyers can help you with the most appropriate procedure depending on the circumstances. Primarily, there are two routes to get divorced:
Divorce by mutual consent This option can be opted when both partners agree that seeking a divorce is the only option and are willing to separate on cordial terms. This process is much easier and quicker and requires hardly 2-3 hearings if the due process is followed. It might take some time between six months and a year thus saving you time, stress and money.
Contested Divorce This is the procedure to be opted for in case mutual consent is missing and one partner is filing to seek divorce from the other. These cases can get tricky and protracted, thus they require an expert divorce lawyer in Chandigarh to help you get an expeditious resolution. A contested divorce has accompanying matters about child custody rights, visitation arrangement, maintenance, alimony to be settled simultaneously- which complicate the process and mandate the oversight of an established divorce lawyer for a smooth, hassle-free conclusion of the case.
9. Do we really favour divorces as your divorce lawyers?
It is an alarming observation that we have made in our profession- the number of divorces being filed is ever increasing. It isn’t that overnight the wrong people are getting married to each other. There are rather complex societal factors at work leading to higher divorce rates. We have more incompatibility issues and less patience, more people willing to end things than work on them and heal them, also more couples who prefer to separate than acknowledge their faults and start afresh. Seeking a divorce is every spouse’s right and if he/she has been putting up with violence, cruelty, infidelity- then it is more of an obligation to one’s own self to get out of that toxic situation. However, a parallel practice which has picked up and has us alarmed as divorce lawyers is the number of false charges being slapped out of vengeance. The embittered spouse in the marriage gives vent to vindictive behaviour to even out things before ending the marriage. No doubt the cases we handle are getting more complicated. We have greater instances of domestic violence, dowry seeking, infidelity- all pointing towards an erosion of the societal thread which holds together marriages. We do not endorse a divorce per se, but consider the conditions and circumstances of every marriage. It is our moral obligation to rescue our client from a bad marriage. At the same time where things might hold hope, we do not blindly suggest divorce as the only way out.
10. What do our veteran divorce lawyers in Chandigarh recommend?
An insightful divorce lawyer would always brain storm for all possible solutions and recommend the ones most feasible for you. We have always resorted to mediation and conciliation where situation permits, to get to know the root cause of all marital trouble and then proceed accordingly. Our divorce lawyers attempt to salvage the differences if there still is some scope for a marriage to work. We do recommend marital counselling, couple therapy and the like if the client is open to these alternate solutions.
11. How to get divorced in India?
In case you feel your marriage is beyond any repairs, it is a wise decision to contemplate seeking a divorce rather than clinging on to an happy marriage. Not only do you lose your chance at happiness but also subject your spouse to the same hopeless situation. Laws are supposed to help you and better your life, so if the remedy of a divorce is available and provided for, you must seek recourse to it if required. For an initial guidance you can consult one of our experienced divorce lawyers in Chandigarh who can appraise you about the procedure and requirements at every stage.
Judicial Separation Separation can result as a mutual decision or by the decision of one of the spouses who is not willing to cohabit on account of frequent quarrels, cruelty, harassment, ill-treatment. Marital separation can either be judicial or non-judicial in nature. As the word implies, judicial separation includes legal procedure and documents. Non-judicial separation is mutually agreed to by the couple who decide to live separately and does not require intervention of legal authorities. If as a spouse you want to seek legal recourse, our divorce lawyers in Chandigarh can help you and recommend the right procedure. If you want to separate first and then start with divorce proceedings, our lawyers can help you with all the legal paper work. We also help aggrieved individuals whose spouses are living separately and they want a restitution of their conjugal rights.
Annulment Nullifying a marriage is referred to as annulment in legal lexicon. As opposed to a divorce, annulment declares a marriage as null and void, akin to it never being in existence. It also requires different grounds to be so declared, some of these include:
- Marriage solemnized by force
- Consent was obtained by fraud
- Key matters/issues were concealed from the partner
- The female spouse being pregnant at the time of marriage
12. What is Mediation?
Industrial Disputes Act, 1947 was the first statute to legally recognise mediation as an alternate dispute resolution method. Section 4 of the Act states that the conciliators appointed are “charged with the duty of mediating in and promoting the settlement of Industrial Disputes.” Mediation gained further traction with the amendment of the Code of Civil Procedure, 1908 in via CPC Amendment Act of 1999 which inserted Section 89. This amendment made it legal to refer cases pending in the courts for mediation and other alternate dispute resolution methods. These words by Abraham Lincoln echo the importance of mediation and other ADR: “a good settlement is better than a good lawsuit.” Since it is our goal of resolving conflict in your marital relationship is not victory or defeat, it is to reach an understanding and help you start afresh, we recommend the course which can help us achieve that.
Mediation has following two types: Court-annexed mediation- As specified in Section 29 of the CPC, the court refers the matter to mediation centers. A preliminary inquiry is conducted. After that the case is handed over to trained and experienced mediators from the mediators’ panel at these centers. Private mediation- It is fast catching up as a resolution method. The parties decided to approach a mediator who could be a retired judge, an advocate or an NGO trained to mediate. The parties can opt for mediation before the case is instituted at a court or even during the course of court proceedings.
13. What if mediation fails?
In case mediation fails to yield any results and the dispute remains, either of the spouse can file for a divorce as per the applicable laws. There are remedies available to the wife if she is denied financial help, turned out of her marital house by her husband/in-laws. We have provisions for maintenance as per section 125 of Criminal Procedure Code. The aggrieved wife can also seek monetary relief as per the provisions of Protection of Women from Domestic Violence Act, 2005.
14. How to seek divorce?
The various statutes in India for marriage and divorce include:
- Hindu Marriage Act, 1955- Hindus, Sikhs, Jains, Buddhists
- Parsi Marriage and Divorce Act- Parsis
- Indian Divorce Act
- Muslim Women (Protection of rights on divorce) Act, 1986
- Special Marriage Act
- Foreign Marriage Act
Though the number of divorces being filed are on a rise, there are a lot of cases which also get resolved by proper communication, counselling and therapy and do not end in a divorce. It is all a matter of understanding and working on differences rather than giving up immediately. Family courts are a huge help in this regard and our divorce lawyers in Chandigarh can help you approach one and give your marriage another chance. As your divorce lawyers in Chandigarh, it is our moral obligation not to encourage litigation where there is hope for resolution. We always suggest mediation before proceeding to formal divorce proceedings. At the same time, we can identify cases which might are beyond any intervention and divorce might be the only way out- cases of domestic violence and dowry. Here we are also responsible for making sure the culprit does not walk free, gets punished and the victim gets justice.
15. What are the child custody rules in India?
The children of the separating couple are the ones to suffer the most due to no fault of theirs. The stress of witnessing their parents separate coupled with coping with the absence of one parent and the consequent life changes can be too much to handle for young kids. The child deserves the best of care and parenting, to ensure the same after a divorce, we have the Guardian and Ward Act, 1890 and the Hindu Adoption and Maintenance Act, 1956 which prescribes rules for child custody. Judiciary decided keeping in mind the best interests of the child. Neither the father nor the mother enjoy inherent rights over the child, it is based on the competence, the financial status and the capability of both the parents to ensure a secure future in terms of education, parental care and financial security of the ward. Child Custody has following categories:
- Legal Custody
- Physical Custody
- Joint Custody
- Third-party Custody
There prevails a misunderstanding that the father might invariably get custody due to maintenance reasons, or the mother might get if the child is still 5 or younger. There is no such predetermined rule, the judiciary takes into account various conditions while deciding the custody rights. The parent best suited to take care gets the rights. Most of the cases where the child is below 5, the mother gets custody, there might be exceptions where mother is incapable of taking care or her ability to nurture the child is questionable. The father gets the custody post that till the child turns 18. The consent of the child is also asked if he/she is 9 or above.
For Muslims, Hizanat law deals with child custody issues. As per Hizanat, the mother gets the guardianship and is made the custodian. Exceptions include the mother being of unsound mind or physically incapable of taking care of the child or history of brutal treatment and neglect of the child. Whichever personal laws might be applicable in your case; we have a team of expert child custody lawyers to help you out.
16. What are the provisions regarding maintenance and divorce in India?
In India, most families have the man providing for his wife and kids, financially while the woman is entrusted the responsibility to take care of the household and a major part of parenting. However, a divorce can upset the order of things in such families where the wife is financially dependent on husband. Keeping in mind this scenario, the laws have provided adequate safeguards for wives. The husband is obliged to take care of the basic needs of his family post divorce till the wife is financially independent enough to cover all the expenses on her own. There are laws to reach an arrangement for sharing of expenses of the children. Indian laws and primarily the Constitution ensures that every citizen gets a minimum basic quality of life. No one should have to struggle to fulfill basic needs of food, shelter and clothing. Marriage and divorce laws also take care of these obligations and have been framed to ensure that the dependent spouse and children are not deserted and get monetary compensation in the event of a divorce. Section 125 of CrPC deals with maintenance rights of dependents. Rules vary within various personal laws- Hindu Marriage Act, for instance has provisions for either spouse to seek maintenance depending on circumstances, but the Special Marriage Act, 1954 makes only the wife eligible to apply for the same. The court takes into account various factors like income of both the spouses, jointly owned assets, other sources of income, expenses, responsibility for bringing up the children to decide the alimony amount and the spouse who is supposed to pay it. The role of your legal representative assumes further importance in case you are seeking alimony and maintenance. Our alimony/maintenance lawyers in Chandigarh have helped various individuals get the alimony they deserved. You can get the right guidance and representation from our experts.
17. What are the rules about dowry related cruelty in India?
Section 498A of the IPC deals with dowry and related crimes. Dowry is never justified, no matter how the demand is made. A demand for dowry invariably paves way for greater crimes later. Most of the divorce cases in India are basically dowry cases. The woman and her family keeps putting up with the demands till it gets overboard. It is shocking to know the number of harmless lives lost to this social evil. Greed to acquire more makes people blind and pushes them to extreme steps like torturing the poor girl, harassing her parents, making their lives hell. Indian laws have gone various revisions to strengthen women’s rights and give them a voice to protest. Section 498A is one such example. It was inserted in 1983 to provide a separate provision to deal with instances of cruelty inflicted on a married woman on account of her inability to meet the financial demands made by her husband and his relatives. It holds accountable not just the husband but any of his other relatives too. Section 498A defines cruelty as:
- Any willful conduct which is such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman; or
- Harassment of the woman where such harassment is with a view to coercing her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Conviction under section 498A can lead to imprisonment for a term up to 3 years. However, this law has been controversial for its alleged misuse. False cases are filed by women to seek revenge and innocent families have to bear the brunt. This is why this law remains in a cloud of debate for the actual difference it is making. As our client, you need not worry about it. Our divorce and dowry lawyers know and understand the laws inside out and work diligently to ensure our clients get justice. We have represented women victims as well as in-laws falsely accused of dowry harassment. We are familiar with the tactics being used by adversaries to falsely implicate someone. As leading divorce lawyers in Chandigarh we have always been committed to ensure that justice prevails at the end of the day and the culprits get punished. Other legal safeguards for women include:
- Section 113A of Indian Evidence Act- deals with the “question whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband, within 7 years of marriage.”
- Section 304B of IPC- deals with death of a married woman due to burns or injury or other cruelty inflicted by husband and his relatives owing to dowry demands, within 7 years of marriage.
Both these sections provide for adequate punishments in case of conviction.
Our team of divorce lawyers is adept in the following laws:
- The Hindu Marriage Act
- Hindu Minority and Guardianship Act
- Hindu Adoptions, and Maintenance Act
- Special Marriage Act
- The Indian Divorce (Amendment) Act
- The Muslim Women (Protection of Rights on Divorce) Act
Our law firm provides legal assistance and representation for following matrimonial matters:
- Registration of marriage under personal law
- Restitution of conjugal rights
- Judicial/ non-judicial Separation
- Maintenance and Alimony
- Custody of a child
- Maintenance of a child