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Home
About us
Contact us
Our Legal Services
  • Send a Legal Notice
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  • Consumer Complaint
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Family/Divorce Cases

Our services include

 


  •  IPC 498A and Dowry Related Crimes 
  • Divorce- contested Mutual Consent Divorce 
  • Annulment of Marriage 
  • Judicial Separation 
  • Restitution of Conjugal Rights 
  • Domestic Violence 
  • Maintenance 
  • Alimony 
  • Child custody and Visitation 
  • Injunction Against Spouse 
  • Execution of Foreign Divorce Decree 
  • Transfer of Matrimonial cases from High court and Supreme Court 
  • Quash of criminal matters arising out of matrimonial cases 
  • Perjury 
  • Arguing Counsel for High Court and Supreme Court
  •  Cross Examination for Trial Court 

File Mutual Consent Divorce

 

Hire Lawyer For Mutual Consent Divorce


The first rule of Mutual Consent Divorce is that the husband and the wife, both, agree to divorce each other. In addition, the husband and the wife should be living separately for atleast one year. Once both of you have decided to end your marriage, you must contact or Hire Online Lawyer For Mutual Consent Divorce, Who can make the entire procedure smoother for you.

After Hire Lawyer For Mutual Consent Divorce| Document Required


Documents Required to File For Divorce:

  • Marriage certificate
  • Four marriage photographs
  • Address proof of husband and wife
  • Income tax statement for the last 3 years
  • Details of profession and income proof, such as salary slips, appointment letter, etc.
  • Details of assets and property owned
  • Details about the family of husband and wife
  • Proof of staying separately for a minimum of one year

File A Contested Divorce

 

In contested divorce, you must state a reason why you want a divorce from your husband/wife and also prove in court that your reason is sound enough to get a divorce.

Grounds for divorce:

  • Physical violence, mental cruelty, abuse of any kind
  • Insanity
  • Incurable disease such as leprosy
  • Infidelity
  • Abandonment by your spouse
  • Conversion to another religion
  • Renunciation of the world and becoming a saint
  • Impotence
  • Living apart for more than seven years

Procedure for filing for contested divorce

  • You must find a good lawyer first and discuss your case candidly with him/her.
  • Your lawyer will then begin to draft petition for contested divorce.
  • The petition is then filed in the family court. You get a copy of the petition.
  • Your case gets listed and the court issues summon or notice to your spouse.
  • Your spouse is required to file a reply. In case he/she does not appear in court at the said hearing date, the court proceeds ex parte, which means in the absence of the other party.
  • The court frames issues, which means points of adjudication. Both parties provide their evidence on these issues.
  • The first evidence is filed by the petitioner. Thereafter, the lawyer of the other party cross-examines the witness.
  • Evidence of the other party is then filed.
  • The case is argued in the court.
  • Once the case is proved successfully, the court grants the decree of divorce.

Reply/Send Legal Notice for Divorce

 

Sending a legal notice

To send a legal notice, you must hire a lawyer with specialization in the field of divorce and/or family law. You should discuss the case with the lawyer so that he/she drafts a legal notice that contains the issues that you have with your spouse for which you want a divorce. 

Usually, legal notice is sent in English; but it can also be sent in regional language.

After the lawyer drafts the notice, he/she signs it and sends it to the concerned party through courier, speed post, or registered post. The acknowledgement of the same is kept. The lawyer also keeps one copy of the legal notice with him/her.

 

The legal notice must contain:

  • Clear reasons of sending the notice
  • Previous communication regarding cause of notice
  • A reasonable time period for the recipient of the notice to reply or take action desired by the sender of the notice

Replying to a legal notice

The party that receives the legal notice must reply within the time mentioned in the notice. If the party fails to reply within this time, the sender of the notice can take the action as mentioned in the notice.

If the party replies to the notice within the said time, then the sender of the notice can either do a settlement (out of court) and resolve the dispute (in this case the divorce issue) or file a petition in court for divorce. It can also happen that both the parties agree to the divorce and the divorce is done through mutual consent.

Appeal In Divorce Case

 

Before we begin to discuss this topic, you must know that only when the appeals court finds a clear error in the subordinate court’s judgment will it overturn a divorce.

  

A divorce decree is the judgment provided by the judge in the court and this implies that your divorce is final; the case is complete.

If a spouse believes that the decree is wrong, he or she can appeal to the High Court.

Here is the procedure to file an appeal:

  • Decide what to appeal. You must have strong legal grounds to appeal, otherwise you will simply waste your time and money. Please discuss this thoroughly with your divorce lawyer.
  • File an appeal. Usually, there is a deadline to file an appeal, say, 30 days after the judge signed the decree.
  • Prepare the record of appeal. It includes the trial transcript, which records every word that was spoken in the court during trial, and a case record, which contains all your case files and papers.
  • Draft the appellate brief and file it. This is one of the most laborious and technical task. The brief contains legal arguments and must be filed in a particular format. Many times, divorce lawyers delegate this task to special lawyers who do appeals and appellate brief writing.
  • Attend the oral argument in court in which each party gets a chance to orally argue their point. Each party is generally given 15 minutes to give their point.
  • The court gives decision. If the decision affirms the decree, then your appeal is unsuccessful. If the decision reverses the decree, then your appeal is successful. In some cases, the High Court may ask the subordinate court to “remand the case,” which means to reconsider the case or modify the order.

Dowry Demand/Domestic Violence/Abuse

 A woman facing domestic violence, dowry demands, and abuse of any kind from her husband can file a complaint under the Domestic Violence Act and under the Divorce Act. She can file for divorce under the grounds of cruelty.  

If she is mentally and/or physically tortured by her husband and/or in-laws, she has a strong ground for divorce and can also file a case under Section 498A IPC.

The India law does not consider men to be victims of domestic violence. So, filing for divorce under the grounds of domestic violence is so far only applicable for women in India. Men can file for divorce under the grounds of cruelty and abuse.

 

Benefits To Choose Service

You definitely need a lawyer for this, whether you are the petitioner (victim) or the respondent (accused). In India, you cannot file for divorce within a year of marriage; atleast one year of marriage should be complete. So, if one year is incomplete, but you still want to end your marriage, you can file an exceptional divorce application on the ground that your husband and in-laws have inflicted exceptional cruelty upon you. You need a good lawyer for this.

Many times, women falsely accuse their husbands and in-laws of dowry demands and physical torture. So, men must find a good lawyer who can represent their case and handle the accusations done under the relevant sections of law.

Also, women who want to get back their streedhan must file a complaint under Section 498A, which comes under criminal law.

Child Custody

 

What Is Child Custody |Detailed Information About Child Custody

Custody of child during divorce is one of the most sensitive issues because India is a country of strong family bonds. It is the land where marriage is considered sacred and children are considered blessings from God. In India, both the father and the mother have legal rights to the child. There is no one rule in the whole country. Each state and religion has its own rules. Although the court decides which parent will get custody of the child, You should  Hire Child Custody Lawyer Online and it should be noted that the court makes the decision taking into account the best interests of the child.

Custody are of various types:

  • Physical custody: Only one parent gets child custody
  • Joint custody: Both parents have custody
  • Partial custody: Only one parent has custody, but only until the child becomes 18 years of age.

Guardianship: If both parents are found not fit to rear the child, then custody is given to guardian such as grandparents, uncle, aunts, step parents, or even a close friend or relative under special circumstances.

Alimony/Maintenance Issue

 

“Alimony” is derived from the Latin word “Alimonia.” It means “sustenance.” So, in this sense, alimony is an amount of money that a husband must pay to his wife for her sustenance. In some places, alimony is called maintenance.

Types of alimony/maintenance

  • Interim
  • Permanent

Interim alimony/maintenance

 

Interim maintenance is the amount that the husband must pay for the maintenance costs of his wife during the court proceedings. Plus, the husband must compensate the expenses incurred by the wife for the proceedings.

Permanent alimony/maintenance

Permanent maintenance comes into effect after the divorce is done. The ex-husband must pay the amount fixed by the court to his ex-wife either on a lump sum basis or on a monthly basis.

  

Benefits To Choose Service

There are many factors that determine the amount of alimony to be paid by the husband and if he really needs to pay it. For example, if the wife is earning more, then the husband can avoid paying alimony. But for this, you must prove she is earning more and need a good lawyer to represent your case. There are also options available to men to request cancellation or suspension of alimony. Experienced legal assistance can help you in this case.


 

Matrimonial Advocates Partner advocate at Kerala high court can help you in

  • Filing Mutual Consent Divorce in Kerala high court
  • Filing Mutual Consent Divorce for NRIs through Power of Attorney in Kerala high court
  • Contesting Annulment of marriage in Kerala high court
  • Contesting Divorce on the ground of Cruelty in Kerala high court
  • Contesting Divorce on the ground of Adultery in Kerala high court
  • Contesting Maintenance cases u/s 125 CrPC in Kerala high court
  • Contesting Child Custody case in Kerala high court
  • Contesting cases under Protection of Women from Domestic Violence Act in Kerala high court
  • Filing, Defending, Contesting FIRs u/s 498A in Kerala high court
  • Contesting Matrimonial Criminal Litigation like Bigamy etc
  • Getting Marriage Registration in Kerala high court
  • Getting Court Marriage done in Kerala high court
  • Getting WILL drafted and Registered in Kerala high court
  • Fighting Succession cases in Kerala high court
  • Drafting all kind of notices/ petitions/ applications under Matrimonial Laws in Kerala high court

NRI Divorce

 The least complicated way for a couple to divorce is through mutual consent. Both of them agree to part ways; there is no fight; and the divorce is done. As per the new ruling, the mandatory 6-month waiting period for couples seeking divorce no longer apply. This has made the process of finalizing divorce easier and quicker. 

If a Non-Resident Indian (NRI) couple wants a divorce, they can file a petition in India or in the country they reside. This option of filing for divorce in the residing country is applicable only when the divorce is through mutual consent. You will also concern to the Best NRI Divorce Lawyer In India, Because there are many lawyer for divorce but you will find NRI Divorce Lawyer who has an expertise in NRI Divorce.

If the divorce is not through mutual consent, then the petition has to be filed in India where the marriage took place. If you file a petition in a foreign country where you reside and get a divorce, which is not through mutual consent, then you will be regarded as divorced only in that foreign country; you would still be legally married in India.

  

Grounds Of NRI Divorce Through Mutual Consent

Husband and wife must be living separately. Even if they are living under one roof, they must not be living like husband and wife. In case of mutual consent, the couple do not need to provide any ground of divorce as both realize they cannot live with each other and have mutually agreed to divorce. And you also go with NRI Divorce Lawyer.

Grounds of NRI divorce when contested (not through mutual consent):

  • One partner inflicts physical and mental cruelty on the other
  • Domestic violence
  • The spouse has left and not come back for seven years
  • He/she has venereal illness
  • He/she is cheating with another person
  • He/she has incurable leprosy
  • The spouse has an incurable mental illness
  • He/she converts to another religion
  • The spouse has renounced all family responsibilities and became a saint
  • In case of child marriage

Documents Required For NRI Divorce In India

  • Marriage certificate
  • Proof of identity (Aadhar Card, passport, PAN Card, driver’s license, etc.)
  • Proof of residence (Aadhar Card, utility bills, etc.)

A narrative that tells about the grounds of divorce or whether it is mutual

Benefits To Choose Service And Get Best Divorce Lawyer In Kerala

It is beneficial to choose a reputable legal service to file for divorce petition in India so that you follow all the legal steps correctly. You may be residing in foreign land and may not be aware of the legal proceedings in India. Hiring NRI Divorce Lawyer Online in India can make the entire divorce process hassle-free, quicker, and error-free.

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