Top rated Divorce Lawyers in Delhi, India
Law related to divorce, custody, maintenance, succession and inheritance are Personal laws. Especially marriage laws are more personal. In India following marriage laws exists:
- 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
When matrimonial dispute arises between parties to marriage, it brings number of litigations with it. It includes civil as well as criminal litigation and involves civil laws, Law of custody, Dowry Prohibition Laws, Domestic violation laws, property issues etc. For example:
Matrimonial disputes Under Criminal Law:
- Criminal complaint Under section 498A read with 406 of Indian Penal Code, 1860 and its Proceeding before CAW cell and Magistrate;
- Complaint under Protection of women from Domestic Violence Act 2005;
- Complaint under Dowry Prohibition Act;
- Application under section 125 of Code of Criminal Procedure 1973 seeking mentainence by wife;
- In filing or defending Bail and anticipatory Bail at any level, before any court namely court of session or High Court and supreme court;
- In filing or defending various complaints under the various sections of Indian Penal Code as applicable in the particular case;
Matrimonial Disputes under Civil Law:
- Petition for Divorce under various ground mentioned under section 13 (1) & (2) and 13B of Hindu marriage Act viz. (i) on the ground of mutual consent (ii) Petition on the ground of cruelty, desertion, impotency, adultery etc.
- Petition for custody of children under provisions of Guardianship and Wards Act, 1955;
- Application u/s 24 of HMA for seeking interim maintenance and expenses by wife;
- Application u/s 9 of HMA for restitution of conjugal rights;
- Application u/s 10 of HMA for Judicial Separation;
- Application u/s 12 of HMA for seeking declaration of Marriage Viod;
- Suit for partition of the joint property owned jointly by husband and wife