Family Law Practice in India

What does Family Law mean?

Family law (matrimonial law ) deals with law related to family matters and domestic relations.It is One of the key areas of law practice i.e. Matrimonial and Family laws. Our experts  adviseits foreign and domestic clients on all aspects of matrimonial and family laws applicable in India. Adoption, divorce, family related issues, guardianship, maintenance, Family settlement, Will, Agreements or disagreements between parents or involving spouse or kids. The topic of family law practice spans over so many areas in the legal field. As a result, our expert lawyers in the field assist people from various walks of life who are dealing with delicate matters that many people do not instantly associate with family law.

Types of Family Law Cases

Divorce:

A person can file a lawsuit in Family Law court to get a court order dissolving their marriage if they so want.The initial draft of the divorce petition paperwork must be submitted to the court after you file it. Additionally, the reasons for filing the divorce petition must be legitimate. The court will review the petition when it is submitted.

Divorce types

Hindu law divides divorce into two categories:

1. Mutual separation:

Hindu Marriage Act Under the Section 13-B governs mutual divorce. As the name suggests, that it is a mutual separation, where both the husband and wife mutually agree and give their agreement to an amicable divorce.

2. Disputed Divorce:

A contested divorce is one when one or both spouses file for divorce. A disputed divorce may be filed on any of the reasons listed in Section 13 of the Hindu Marriage Act of 1955, including cruelty, conversion to a different faith, mental incapacity, infectious disease, or the absence of either spouse for more than seven years.

• Child Custody and Paternity:

When a man has to be proclaimed the father of a child, any parent can file a lawsuit in family court requesting that paternity be determined. This proves the child's paternity for all time. More information on these sorts of cases may be found in the Custody, Paternity, and Child Support section of this website.

Domestic Violence Protection Orders and Constitutional safeguards for the rights of women

Domestic violence victims can seek protection orders from the family court to keep their attacker at far. For additional information, please see DV Protection Orders.

The Indian Constitution not only guarantees women's equality but also gives the State the authority to take positive discriminatory measures in itsfavor to counteract the accumulated socio-economic, educational, and political disadvantages that women suffer.

Men and women are granted equal rights and opportunities under Article 14 in the political, economic, and social arenas.

The Indian Parliament's Protection of Women Against Domestic Violence, 2005 Act went into effect on October 26, 2006. This legislation varies from section 498(a) of the IPC since it gives the term domestic violence a broader meaning.

Some statutes have also created provisions for the protection of women against domestic abuse, including Section 304(b) of the Indian Penal Code of 1983, which defines cruelty as a form of domestic violence.

The criminal law amendment of 2013, which altered several provisions of the Indian Penal Code, the Criminal Procedure Code, and the Indian Evidence Act, was a watershed moment in the topic.

• Name alterations:

A name change lawsuit in family law court may be the only way for a kid or adult to officially alter their name. For further information, please see the Name Change section. publication

DRAFTING

When you submit the completed questionnaire, we'll create and distribute

1) the affidavit

2) the proforma

3) Request for publishing in a government publication

SENDING DOCUMENTS

You must notarize an affidavit and courier actual copies of the signed documents to us.

PUBLISHING IN NEWSPAPERS

We'll publish name-change advertising in a major publication.

A REQUEST TO PUBLISH IN AN OFFICIAL GAZETTE

We shall apply supporting materials for publishing the name change in the official gazette, addressed to the Department of Publication, New Delhi, following the publication of the advertising.

ASSIGNMENT TO AN OFFICIAL GAZETTE

Within 15 to 50 days of the date of application, your name change will be published in an official gazette.

• Parental Rights Termination and Adoptions:

A parent's rights may be terminated by the family court if there are compelling reasons why they shouldn't continue to be a parent to their kid (such as abandonment, neglect, abuse, etc.). If another person wishes to become a child's legal parent, the family court may allow an adoption in which the parent-child connection is legally established. This website's Adoptions and Terminating Parental Rights section has further information.

• Juvenile Issues:

All cases involving claims of child abuse, child neglect, or juveniles suspected of criminal activity are heard in family court. The District Attorney Juvenile Division is in charge of these cases.

• Emancipation and the Acceptance of Underage Marriages:

Underage individuals can apply to the family court for permission to be married or be "emancipated," which refers to being released from parental authority legally. The Self-Help Center does not have forms for approving minor marriages; however, the Emancipation part of this website does provide information concerning emancipation.

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