Family court lawyer in ahmedabad
Family court lawyers in Ahmedabad are professionals who specialize in handling legal matters related to family disputes. These lawyers are well-versed in the laws and regulations governing family issues such as divorce, child custody, adoption, property division, and domestic violence.
The role of a family court lawyer is to provide legal representation and guidance to their clients throughout the legal process. They work closely with their clients to understand their needs and concerns, and then develop a strategy that will help them achieve their goals.
Family court lawyers in Ahmedabad have extensive knowledge of the Indian legal system, including the Family Courts Act of 1984. They use this knowledge to represent their clients effectively in court proceedings.
In addition to representing clients in court, family court lawyers also provide mediation services. This involves helping families resolve disputes without going through a lengthy court process.
Overall, family court lawyers play an important role in ensuring that families can navigate complex legal issues with confidence and ease. Their expertise helps families find solutions that are fair and just for all parties involved.
The divorce procedure in India involves filing a petition, serving summons, responding, a trial, and a final order.
Steps in the divorce procedure
1. File a petition for divorce in the district court or family court where either spouse lives
2. The court will issue summons to the other spouse
3. The other spouse will respond to the summons
4. The court may suggest reconciliation
5. Witnesses and evidence will be examined and cross-examined
6. Lawyers for both parties will present final arguments
7. The court will pass a decree of divorce
What Is Mutual Consent Divorce In India?
Divorce by mutual consent in India is a legal process for dissolving a marriage where both spouses agree to end the marriage and meet certain legal requirements.
It’s a faster and less stressful alternative to contested divorces, which involve legal battles and a proper understanding of the procedure for divorce by mutual consent in India.
Section 13B of the Indian Marriage Act, enacted in 1976, asks for divorce by mutual consent if both spouses (married before or after the marriage (Amendment) Act, 1976) agree to separate amicably.
Stage 1: Joint Petition for Mutual Divorce A joint petition consists of a declaration by the parties that they have agreed to separate and do not wish to remain together as a married couple.
Where is the joint application filed?
The petition is filed in the family court in the district, Where did the couple last lived, or Where the marriage took place, or Where the spouse currently lives. Conditions to meet:
Spouses must prove that they have lived apart for at least one year immediately before the registration date.
Living apart means that the parties do not want to consummate the marriage, even if they live under the same roof, they cannot live together, and both spouses agree to have a mutual divorce.
The husband should have agreed to two more conditions:
1. Matters of alimony – Alimony can be given either by the husband to the wife or vice versa as a one-time payment or as a periodic payment. The parties should agree on a maximum or minimum amount of alimony.
When deciding on maintenance or alimony, the court must consider many factors, such as custody of the child, the financial status of the party, the status of the parties, income and assets, amount of maintenance, etc.
Also Read – Can A Wife Claim Her Husband’s Property During Divorce?
2. Custody of children – If the custody can be joint custody, where the children have regular contact with both parents.
In addition to physical custody, parents share legal custody of the child in matters of education, religious beliefs, health, etc., where they can jointly decide on matters affecting their lives.
However, the child lives with the parent who has physical custody.
Stage 2: Petitions After filing the petition and on the date set by the court, the spouses must appear in court. The court examines the application and other related documents and records the oath of the parties after approval.
At this stage of the mutual consent divorce process in India, the court must do everything possible to save the marriage, and if there is no possibility of reconciliation, the court should proceed to the next stage.
Stage 3: Procedure Followed in Court After the statements are recorded, the court issues an order on the first petition. The court postpones the hearing of the case for 6 months (maximum 18 months) from the date of submission of the request after the first request is satisfied, and before 18 months have passed, the parties can present a second request confirming their request consent.
If at the end of the reconciliation phase, there is no possibility of further reconciliation between the parties and the parties do not want to live together as spouses, the spouses can submit a new request. If the parties do not submit a second request, the court will not take the case further.
Stage 4: Judgment If the court is satisfied with the arguments presented by the mutual divorce lawyer that the allegations in the petition are true, it can issue a divorce decree.
However, if the court can’t figure out if the consent of the concerned party was coerced or if there was coercion or fraud involved, the injured party can appeal the court’s decision.
So, these are the four stages involved in the procedure for divorce by mutual consent in India.
OUR FAMILY LAW SERVICES IN AHMEDABAD
Annulment of Marriage Cases: When a marriage is based on fraud or one spouse is already married at the time of the union, the affected party can file for an annulment. Our team of experienced lawyers can help declare the marriage null and void under these circumstances, protecting your rights and future.
Contested Divorce Cases: For couples seeking to end their marriage, contested divorce proceedings can be complex and emotionally charged. Our legal experts guide clients through the process, which may involve grounds such as adultery, cruelty, desertion, conversion to another religion, mental disorders, and more.
Mutual Consent Divorce Cases: The simplest and most amicable way to dissolve a marriage is through mutual consent divorce. This process involves two stages: First Motion and Second Motion. Our family lawyers assist both parties in reaching an agreement, ensuring a smooth and efficient process.
Foreign Divorce Cases: Divorce cases involving international elements can be particularly complicated. Our team addresses questions about the recognition and execution of foreign divorce decrees in India, ensuring that your rights are protected under both Indian and foreign laws.
Section 498A Cruelty Cases: In cases of matrimonial cruelty, including false allegations, we assist in obtaining anticipatory bail and regular bail. In the Law office of Chandan R Rajput & Associates and Heena Maheswari, Our Family Advocate in Ahmedabad helps husbands and their relatives to get anticipatory bail as quickly as possible followed up by regular bail and further trial proceedings. Our family lawyers in ahmedabad are skilled in handling these sensitive matters, providing comprehensive legal support.
Domestic Violence Cases: The Domestic Violence Act provides protection exclusively to women. Our lawyers assist women facing domestic violence by filing complaints and securing justice through the courts. We also advise on alternative legal remedies for male victims of domestic violence.
Maintenance or Alimony: In matrimonial proceedings, maintenance or alimony plays a crucial role in ensuring that a spouse receives financial support during and after the legal process. Our firm can assist in filing an application for maintenance or alimony. This application can be submitted as part of matrimonial proceedings or under the Criminal Procedure Code, depending on the specific circumstances of the case. The goal is to secure a fair amount that meets the financial needs of the dependant spouse.
Child Custody Cases: Child custody is often the most complex and emotional aspect of matrimonial cases. The primary concern of the court is the welfare and best interests of the child. In India, child custody arrangements are typically classified into three main types:
(1) Interim custody – This is a kind of custody in which one of the parent is allowed to visit the child as per the schedule set up by court;
(2) Permanent custody – This is a kind of custody which is decided after determining all the issues, and accordingly court gives right of custody to one of the parent and
(3) Visitation right – Even if one of the spouse get the permanent custody of child, but then also, court respects the emotional attachment which the parents have with their child, and accordingly they grant a visitation rights to the other parent so that he remains in touch with the child and continue to maintain the emotional relation with its child.
Restitution of Conjugal Rights Cases: If one spouse leaves the marital home, the other can file for the restitution of conjugal rights, requesting the court to order the spouse to return. However, if the reasons of leaving are strong and justifying enough, then court can also reject it. Our team assists in both filing and defending against such petitions, depending on the circumstances.
Judicial Separation Cases: Judicial separation is an alternative to divorce, allowing couples to live apart without dissolving the marriage. Our family lawyers guide clients through the process, explaining the implications and potential outcomes.