Family Law proceedings may bring along with themselves several emotional and financial problems. These problems increase exponentially if your family law issues are not planned from before filing the case till its end. To sail smoothly through distressing times, you need a competent and experienced family lawyers on your side. Our family law expert attorneys fight consistently for your legal rights to create better future for you. Our family lawyers deal primarily with cases relating to family law and their specialization makes a significant difference in the result of your family law matter. Know more about us.
Without a doubt, divorce is one of the most emotionally troubling and challenging legal proceedings one can face in life. A lot of other types of litigation starts with divorce. The process of divorce, and its consequences involve a range of emotions. Our top divorce lawyers consider each divorce case to be different from others. In India, divorce can be mutual consent divorce (also called uncontested divorce) or a contested divorce. Our best divorce lawyers advice parties to settle their differences, and part ways peacefully if parties decide that divorce is the only option for them. Contested divorce is heart-breaking end to marriage which is considered as a sacrament in India. There can also be the annulment of a marriage which simply means the cancellation of marriage. Our expert family lawyers ensure that you get what you want from divorce proceedings.
Child Custody Lawyers
In India, courts give priority to the best interests of child in matters related to child custody, visitation rights and sharing of parental responsibilities. It is the job of a child custody lawyer to show the court where the best interests of the child are. Our experienced Child Custody lawyers show court that that child’s best interests will be better-taken care of by our clients. Our family lawyers in Chandigarh provide tailored representation to clients in child custody and visitation matters. They discuss issues with clients and give them time to understand their situation and explain their clients the legalities related to child custody and visitation options.
International Child Abduction Lawyers in Chandigarh
There is no law in India to stop parental child abduction especially that happening at international level in violation of The Hague Convention on the Civil Aspects of International Parental Child Abduction. That is the reason that NRIs often abduct their children by violating child custody orders in favor of the other spouse. Our reputed child custody and international child abduction family lawyers in Chandigarh do not recommend this course of action. In such cases, the victim parent can file a petition for Habeas Corpus in Punjab and Haryana High Court to take custody of the children.
Family Law and Criminal Law
In India, matrimonial litigation includes filing criminal cases, registering FIR under section 498A, 406, 506 of IPC and provisions of The Protection of Women from Domestic Violence Act against husbands and their family members. Our top-notch lawyers have a regular practice in getting dowry and domestic violence related FIRs and criminal complaints quashed from Punjab and Haryana High Court at Chandigarh. To know more about these cases and how quashing petition in Punjab and Haryana High Court at Chandigarh is filed, visit our criminal lawyers page.
Do you need advice in a family matter? You might find answers in questions listed below. These are questions that clients generally ask from our best family lawyers in Chandigarh, Punjab and Haryana.
I want to file a divorce. Where should I file it?
Divorce case can be filed where husband or wife resides or where marriage took place.
What is mutual consent divorce?
Mutual consent divorce or uncontested divorce is a divorce proceeding in which both husband and wife agree to give divorce amicably after settling all future disputes including alimony and child custody with each other. It takes 2 dates and 6 months to get final. Both the parties have to be present on at least 1 date in court and make statement before the judge.
What is contested divorce?
Contested divorce is a divorce proceeding where one party wants divorce and the other does not want divorce. It takes about 1 to 2 years for contested divorce to get final.
What is annulment of marriage?
Annulment of marriage is a decree in which court orders that the marriage is not legally valid. It means that the parties were never married.
What is restitution of conjugal rights?
It is a decree of court directing respondent-spouse to be in the society of petitioner-spouse. If decree is nor honored for one year, it becomes a ground of divorce.
What is Judicial Separation?
It is petition praying that one spouse be directed to live separately. It is given on grounds of divorce. If parties do nor co-habit in a year, it becomes ground of divorce.
Can I file maintenance under section 125 of CrPC or section 24 of HMA?
Yes. If you are not earning or do not have capacity to earn, you can successfully file maintenance petition. How much maintenance you actually get will depend on facts and circumstances of the case.
How can a wife take help of Protection of Women from Domestic Violence Act?
There are so many ways that the act protects women. The Act can be downloaded from here. Most of the cases relate to provision of shared household under section 19 of the Act.
My spouse refuses to have sex with me. Can I file divorce on this ground?
Yes. You have to prove in court what you allege. Judgments support your case.
My spouse is in adulterous relationship. Can I file divorce on this ground?
There are innumerable judgments of Supreme Court which say that adultery is a ground of divorce. But it is very difficult to prove the factum of divorce.
I want child custody.
Court has powers to give physical custody of a child less than 18 to a parent. Welfare of child is the most important factor, although Hindu Minority and Guardianship Act, 1956 says that custody of a child upon the age of five should ordinarily be with the mother.
I have a decree of a foreign court for child custody in my favor. But my spouse abducted my child and came to India.
India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction (1980). The only remedy is to file a Habeas Corpus petition in Punjab and Haryana High Court
I want to get married. My spouse-to-be agrees but not his/ her parents. (Marriage and Protection matters)
You can file a petition for protection of life and liberty in Punjab and Haryana High Court. It is a sure relief in cases of marriage of runaway couples and love marriages.
My husband beats me for trivial matters.
First of all get a medico-legal report whenever your husband beats you. Make sure that you involve police and all proceedings are in writing.
How to start section 498A dowry proceedings?
Get a complaint drafted from a family lawyer in Chandigarh. Send by registered AD to SHO near you. After 7 days send a registered AD to the SSP. After that you can approach court for legal action.
I am major (above 18). My parents want to marry me without my consent.
They cannot do so. Simply file a protection petition in Punjab and Haryana High Court and High Court will protect you.