Matrimonial, Divorce & Child Custody

Navigating matrimonial disputes can be emotionally challenging and legally complex, involving civil, family, matrimonial, and criminal laws. At Vivekanand Law Firm, we offer holistic legal support to guide clients through every stage of their matrimonial and family law matters. Our goal is to provide efficient, one-window solutions tailored to the unique needs of each client.

Key Matrimonial and Divorce Litigation Services:

1. Criminal Law Services:

• Section 498A & 406 IPC: Filing and defending complaints related to cruelty and breach of trust, including proceedings before the Crime Against Women (CAW) cell.
• Domestic Violence: Legal representation for cases under the Protection of Women from Domestic Violence Act, 2005.
• Dowry Prohibition: Addressing complaints under the Dowry Prohibition Act.
• Maintenance Applications: Filing applications under Section 125 of the CrPC for maintenance.
• Criminal Complaints: Assistance with various complaints under relevant sections of the Indian Penal Code.

2. Civil and Family Law Services:

• Divorce Petitions:
  • Mutual Consent Divorce: Simplified processes under Section 13B of the Hindu Marriage Act.
  • Contested Divorce: Petitions on grounds such as cruelty, desertion, adultery, impotency, and more under Section 13(1) & (2) of the Hindu Marriage Act.
• Child Custody: Filing and representation for child custody cases under the provisions of the Hindu Minority and Guardianship Act, 1956.
• Interim Maintenance: Applications under Section 24 of the Hindu Marriage Act for interim maintenance and litigation expenses.
• Restitution of Conjugal Rights: Legal proceedings to restore marital relationships.
• Partition Suits: Addressing partition of jointly-owned properties between spouses.                

3. Other Essential Family Law Services:

• Marriage Registration: Assistance with the legal registration of marriages.
• Religious Conversions: Legal procedures for conversion from one religion to another.
• Nikah Services: Legal guidance for marriage under Muslim law.
• Police Protection: Ensuring safety and security for clients involved in matrimonial disputes.
• Adoption & Guardianship: Filing for child adoption and guardianship under relevant laws.
• Personal Laws: Expert representation in matters involving Hindu, Muslim, and other personal laws.
• Inheritance & Succession: Legal assistance with wills, probate, and succession planning.
• Mutual & Contested Divorce: Comprehensive support for both mutual consent and contested divorce proceedings.
• Judicial Separation: Filing for judicial separation as an alternative to divorce.
• Maintenance & Alimony: Filing for permanent alimony and maintenance.
• Domestic Violence Act:
  • Appointment of protection officers.
  • Filing for interim compensation and separate residence orders.
  • Any other remedies available under the Domestic Violence Act.

Grounds for Divorce Under the Hindu Marriage Act, 1955:

• Adultery: While no longer a criminal offence, it remains a valid ground for divorce.
• Desertion: Abandonment without reasonable cause.
• Insanity: Persistent mental disorder affecting marriage.
• Conversion: Change of religion without the spouse’s consent.
• Renunciation: Voluntary renouncement of the world.
• Cruelty: Physical or mental suffering inflicted by one spouse.
• Venereal Disease: Incurable communicable diseases.
• Presumption of Death: No information of the spouse for over seven years.

Additional Grounds for Women:

• Husband married at the time of their wedding and the first wife is still alive.
• Conviction of the husband for unnatural offences.
• Marriage occurred before the wife reached the legal age of consent.

Divorce Under the Dissolution of Muslim Marriage Act, 1939:

• Absence: Husband’s whereabouts unknown for four years.
• Failure to Provide Maintenance: For at least two years.
• Imprisonment: Husband sentenced for seven or more years.
• Underage Marriage: Option for the wife to dissolve the marriage before age 18 if married before age 15.
• Cruelty: Physical or mental abuse by the husband.