Indian Family Law

What is Indian Family Law?

Indian Family Law is a branch of law that deals with legal issues related to families and domestic relationships, including marriage, divorce, adoption, child custody, property division, maintenance, and more. The purpose of Indian Family Law is to provide a framework for resolving disputes and protecting the rights and interests of individuals involved in family law matters.

The laws can vary depending on the religion and community of the individuals involved in the family law matter. Indian Family Law is enforced by the courts and provides individuals with the means to seek legal remedy in the event of a dispute.

Types of Indian Family Laws

In India, there are several types of family laws that come under the Indian Law, including:

Hindu Marriage Act, 1955: This act governs the laws related to Hindu marriages, including marriage ceremonies, grounds for divorce, and more.
Special Marriage Act, 1954: This act governs the laws related to inter-religious and inter-caste marriages in India.
Indian Divorce Act, 1869: This act governs the laws related to divorce for individuals who are not Hindu, Buddhist, Jain, or Sikh.
Hindu Adoptions and Maintenance Act, 1956: This act governs the laws related to adoption and maintenance in Hindu families.
Guardians and Wards Act, 1890: This act governs the laws related to the appointment of guardians for minors.
Dowry Prohibition Act, 1961: This act governs the laws related to dowry and the prevention of dowry-related offenses.
Hindu Minority and Guardianship Act, 1956: This act governs the laws related to the minority status of Hindu children and the appointment of guardians for them.

These are some of the main family laws that come under the Indian Law, but there are many other laws and regulations that apply to different aspects of family law in India. The exact laws and regulations that apply to a particular family law dispute will depend on the specific facts and circumstances of the case.

How can we help?

If you’re looking for lawyer for divorce in Ghaziabad or Noida region, we can help you out. Although before coming to the grounds of any major decision, lawyers at our firm try to resolve the issue at consultation stage and help through counselling. If needed, we can help individuals involved in family law disputes in several ways, including:

Advising on divorce proceedings: We advise individuals on the grounds for divorce, the procedures for filing for divorce, and the potential consequences of a divorce.
Representing in court: We represent individuals in court and represent their interests throughout the family law proceedings. This includes making arguments, presenting evidence, and cross-examining witnesses.
Negotiating settlement agreements: We negotiate with the other party to reach a settlement agreement that resolves the dispute. A settlement agreement is an agreement between the parties that resolves the dispute without a trial.
Advising on child custody and support: We advise individuals on child custody and support issues and represent them in child custody and support proceedings.
Advising on property division: We advise individuals on property division and represent them in property division proceedings.
Representing in appeals: We represent individuals in appeals if they are not satisfied with the outcome of the trial court.

Key Areas of Our Service

When matrimonial dispute brings several litigations with it. Which includes Civil as well as Criminal litigation and involves Civil laws, family laws, matrimonial laws as well as Criminal law. For example:

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;
An application under section 125 of the Code of Criminal Procedure 1973 seeking maintenance 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 the Indian Penal Code as applicable in the particular case;

Under Civil/Family Law:

Petition for Divorce under various grounds mentioned under sections 13 (1) & (2) and 13B of the Hindu Marriage Act viz.
- On the ground of mutual consent
- 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 a declaration of Marriage Void;
Suit for partition of the joint property owned jointly by husband and wife;

We provide comprehensive legal services to our Client(s) so that they can get one window solution for every kind of Dispute and at every level of disputes under matrimonial law, Criminal law, or disputes related to property. We also provide legal consultancy services, before disputes so that the dispute can be avoided, besides providing litigation services to our Client(s) at every level of dispute.

Under this Chapter, We Provide the following legal services to our Clients:

We assist our Client(s)in filing or defending Criminal complaints Under section 498A read with 406 of the Indian Penal Code, 1860, and its proceeding before the CAW cell;
We assist our Client(s) in filing or defending Bail and anticipatory Bail at any level, before any court namely court of session or High Court and supreme court;
We assist our Client(s) in filing or defending Complaints under Protection of Women from Domestic Violence Act 2005 or Complaints under Dowry Prohibition Act;
We assist our Client(s) in filing or defending, Application under section 125 of the Code of Criminal Procedure 1973 seeking maintenance by wife;
We assist our Client(s) in filing or defending various complaints under the various sections of the Indian Penal Code as applicable in the particular case;
We assist our Client(s) in filing a Petition for Divorce under various grounds mentioned under section 13 (1) & (2) of the Hindu marriage Act viz. cruelty, desertion, impotency, adultery, and unsoundness of mind, etc.
We assist our Client(s) in filing a Petition for custody of children under provisions of the Wards and Guardian Act.
Application u/s 24 of HMA for seeking interim maintenance and expenses by wife;
Application for restitution of conjugal rights under sec-9 HMA;
Legal formalities in the adoption of children;
Suit for partition of the joint property owned jointly by husband and wife;