There may come a time when you have to deal with a problematic family situation legally. So, having skilled family lawyers in your corner helps you. They counsel and represent clients in family law matters such as divorce, adoption, child support, etc.
The legal practice area focusing on the regions revolving around family issues such as divorce, adoption, child custody, child abuse, and spousal abuse is called family law.
When you get trapped in sensitive situations involving your family, it is wise to take the help of a professional who knows the law. The divorce lawyers in Mumbai are just the right professionals you need in such times.
They can help you draft legal documents such as property agreements or court petitions, represent you in family courts, and help negotiate the best deal.
Family and divorce laws in India
In India, various religions are practised, including Hinduism, Islam, Christianity, Jainism, Buddhism, and others. Marriage ceremonies differ according to religion.
All religious laws are derived from their respective religious texts. As time passed, these laws got amended in various ways.
So, in essence, the personal laws of the parties based on their religion govern all matrimonial laws, such as:
- Parsi Marriage and Divorce Act of 1869
- Hindu Marriage Act of 1955 applies to Hindus
- The Indian Christian Marriage Act of 1872 and the Divorce Act of 1869 apply to Christians.
- The Muslim Act includes it for Muslims.
There is also a Special Marriage Act 1954 that applies to all religions. It is civil legislation, and people of all religions can marry under it, and the same Act applies to divorce. Except for Jammu & Kashmir, and Goa, India follows this law.
Parsi Marriage and Divorce Act of 1869.
The Parsi marriage is regarded as a contract, with the completion of an Ashirvad religious ceremony required for its validity. Ashirvad translates to “blessings.”
A prayer or divine exhortation to the parties to faithfully fulfil their marital obligations is required. The current Parsi Marriage and Divorce Act got enacted in 1865. Since then, circumstances have changed dramatically, as have the sentiments and views of the Parsi community to some extent.
The Hindu Marriage Act of 1955
The Hindu Marriage Act of 1955 got enacted to protect the rights of Hindu brides and grooms bound by the sacred marriage bond in any ceremony. The type of ceremony is not defined by law because a man and a woman can perform this religious Act in various ways.
This Act was proposed in response to several cases in which both men and women were terrified or humiliated due to a marriage fraud case. This Act is binding on any Hindu, Jain, Sikh, or Buddhist who is not a Muslim, Christian, Parsi, or Jew and is not subject to another law.
This law applies to anyone who is Hindu by birth or by religion. Section 2 of the Hindu Marriage Act contains a comprehensive definition of Hindu.
Divorce under Hindu Law
Section 13 of the Hindu Marriage Act specifies the conditions under which an aggrieved party may petition for a marriage annulment. Section 13(1) provides grounds for the husband and wife to petition for a marriage annulment. The grounds are as follows:
- A virulent and incurable form of leprosy
- Venereal Disease.
- Renunciation of World
- Presumption of death.
Section 13(2) specifies the special grounds on which a wife may seek a divorce on her own. There are four grounds, which are as follows:
- Any wife (former or subsequent) of a polygamous marriage may seek divorce. The only requirement is that at least one more wife be alive when the petition is presented.
- The husband got convicted of rape, sodomy, or bestiality after the wedding;
- If the wife obtains a support order under Section 125 CrPC or a decree under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, and cohabitation between the parties has not begun within a year of the decree’s issuance;
- If the wife was married before the age of 15 and repudiated the marriage before age 18, she may seek divorce regardless of whether the marriage was consummated or not.
The Indian Christian Marriage Act of 1872 and the Divorce Act of 1869
The Indian Christian Marriage Act of 1872 establishes the laws governing the solemnisation of marriages among the Christian community in India.
Christian marriages in the country are performed in a church by an authorized Minister or Priest, initially enacted by the British-Indian administration. After the marriage ceremony, the minister or priest registers the marriage and issues a marriage certificate in the couple’s name, making it official.
To officially register a marriage, each party to the union must submit an application to the relevant authority regarding their intention to marry.
Divorce under Christian Law
Section 10 of the Divorce Act of 1869 applies to Christians and gives ten grounds for the dissolution of marriage. Similar justifications are recognised by Section 13(1) of the Hindu Marriage Act, 1955, which prohibits renunciation of the world. It also accepts as grounds for divorce insanity, willful unwillingness to consummate the marriage and no consummation, and failing to comply with an order of restitution of conjugal rights.
Section10(2) of the Act incorporates an additional ground for a wife, and she may file for divorce if her husband has been convicted of rape, sodomy, or bestiality.
The Muslim Act
In India, Muslim law refers to personal matters in that segment of Indian society comprised of Muslims. As a result, in the Indian Islamic community, Muslim personal law governs the institutions of marriage and divorce, adoption, succession, and charity.
In the Indian Islamic community, Muslim personal law governs the institutions of marriage and divorce, adoption, succession, and charity.
As the name implies, the Uniform Civil Code aims to codify the currently existing diverse communal laws into a single overarching piece of legislation per the fundamental principles enshrined in the Indian Constitution.
Divorce under Muslim Law
A woman married under Muslim law has the right, under Section 2 of the Dissolution of Muslim Marriage Act, to seek divorce on the following grounds:
- If the husband has ignored or failed to provide for her maintenance for two years
- If the husband has received a term of seven years or more in jail
- If the husband has failed to perform his marital commitments for three years without justifiable cause
- If the husband was and still is impotent at the time of marriage
- If the husband has been insane for years, or if he has leprosy or a violent venereal illness.
- If she was given in marriage by her father or guardian before the age of fifteen, she could repudiate the marriage before the age of eighteen.
- If her husband had been harsh to her
- On any other basis recognised by Muslim law as valid for the dissolution of marriages
Why do you need a lawyer for family matters?
Specialisation in divorce
Family lawyers in Mumbai are typically skilled at calculating spousal support, dividing marital property, and proposing a plan for child custody, support, and visitation (if applicable). Each divorcing party hires a lawyer who helps their clients devise a settlement plan to avoid a trial.
Knowledge of the judicial system
Family lawyers handle family-related legal cases day in and day out. They have the expertise and the right amount of skills required gained by practising law for years. It makes everything accessible since they know court proceedings if the case goes to the courtroom.
The best Family lawyers in Mumbai can file the proper papers on time, update you on things whenever required, gather evidence if needed, and do many miscellaneous items that help you focus on you and your family rather than worrying about the case.
Legal and Moral support
The Family lawyers in Mumbai won’t just give you legal but emotional support too. They will be more precise about what needs to be done since they are not influenced by emotions, making them the best support you could ask for during difficult times.
Their assistance in all your legal matters will ensure that every decision is correct. They will act as an unbiased party whose main motive will be to get the best for you.
Why choose our lawyer?
Our divorce lawyers in Mumbai specialise in the field of family law. Our lawyer’s day-to-day activity significantly impacts family law cases, especially divorce cases.
Even if you are considering divorce mediation, dealing with a Kaleeyantey family law advocate can help you in the long run.
You may feel overwhelmed if you are contemplating divorce. Even if you understand the divorce process, you will face numerous decisions. How do you come up with a workable child custody and visitation schedule? How do you file court documents? It can be emotionally draining for you and your entire family.
As a result, choosing an experienced divorce lawyer in Mumbai from the Kaleyaantey law firm is in your best interests.
Our lawyers work with our clients every step, recognising their challenging situations and offering assistance and realistic legal guidance so they may make the most significant decisions for their future.
Kaleeyantey law firm has extensive knowledge and experience handling all family law cases. We have achieved positive outcomes for our clients.
We offer various legal services, including criminal, family, corporate, property, information technology, and cyber law. Our team represents clients throughout Mumbai and Navi Mumbai and provides legal services 24 hours a day, seven days a week.
You can contact us on the below details:
C/o Parsiana, K. K. (Navsari) Chambers, 39B, Ground Floor, Opp. St. Cathedral School side entrance, Amrit Keshav Nayak Road, Fort, Mumbai 400001.
No 61, Thapar Complex, Sector 15, Near Arcee Electronics, Behind New CBD Belapur Court, CBD Belapur 400614.