Best Divorce Lawyers in Bangalore

Find top-rated divorce lawyers in Bangalore for expert legal advice and representation. Trust our experienced attorneys to guide you through the process.

INTRODUCTION

Choosing a divorce lawyers in Bangalore is one of the most crucial decisions you’ll have to make during your divorce proceedings. To maintain a high level of practice in divorce law, Our Divorce Lawyers in Bengaluru are well trained for Family Mediation Settlement and Certification in Framework of Divorce Litigation who have undergone in advanced manner and are often well read in studies related to Divorce Law. This certification demonstrates one’s ability to handle divorce, property settlement, or child-related difficulties is paramount important in divorce law proceedings.

WHY DO YOU NEED TO HIRE A DIVORCE LAWYERS IN BANGALORE? THE ROLE OF DIVORCE LAWYERS.

Disputes in the family can have long-term ramifications for both parents and children. Therefore, more individuals are turning to family lawyers for aid. A qualified divorce lawyer will also handle conversations with your spouse, cooperate with their counsel, minimize needless applications and hearings, and offer alternate dispute resolution approaches such as counselling or mediation wherever it is just, necessary & appropriate. Divorce procedures, spousal maintenance, child custody, and the division of marital assets are never simple to handle on your own. You may feel overwhelmed by the stress and anxiety of any contentious process in Hon’ble Family Courts. Hence a Divorce Lawyer assistance and guidance plays a pivotal role in divorce proceedings.

WHY CHOOSE ADITYA & CO. ADVOCATES FOR DIVORCE REPRESENTATION?

Our team of highly skilled and experienced Divorce lawyers in Bangalore specializes in various areas of Divorce Family Law. Experts in Family Law will be able to tell you the strengths and weaknesses of your case and make suggestions for favourable, doable, and practical terms of the divorce case.

If there is a dispute over custody of your children, an experienced divorce lawyer can protect your rights while also considering the needs of your children’s well-being. Hence having a skilled family divorce lawyer on your side can help ensure that all of the divorce paperwork and written arguments you present to the court are well-prepared and persuasive enough to win your case.

Whatever your legal concern, we have the right expertise to provide you with the best possible advice and representation. When a marriage comes to an end, it can be emotionally and financially challenging for both parties. The process might be made more accessible if you choose a knowledgeable divorce lawyer.

FAMILY LAWS IN INDIA: AN OVERVIEW

Family law, also known as matrimonial law, encompasses a wide range of legal issues arising from matrimonial relationships. It is one of the broadest branches of civil law, addressing diverse issues that impact the lives of citizens and their families across the country. Here are some key aspects of family law in India:

Hindu Law:

The Hindu Marriage Act, 1955 serves as a foundational law governing Hindu marriages. It outlines conditions for a valid marriage, monogamy, polygamy, and voidable marriages. Additionally, it provides grounds for divorce, including adultery, cruelty, desertion, and mental illness.
The Hindu Succession Act, 1956 governs inheritance rights among Hindus. It ensures daughters’ equal share in ancestral property, promoting gender equality within Hindu families.

Muslim Law:

Muslim family law in India is based on the teachings of the Quran and Hadith. The Muslim Personal Law (Shariat) Application Act, 1937 applies to Muslims and covers marriage, divorce, maintenance, and inheritance.

Christian Law:

Christian family law applies to Christians and is governed by personal laws specific to Christian communities. These laws address marriage, divorce, and related matters.

Parsi Law:

Parsi family law applies to the Parsi community. It covers marriage, divorce, inheritance, and other family-related issues.

Special Marriage Act:

The Special Marriage Act, 1954 provides a secular framework for interfaith and inter-caste marriages. It allows couples of different religions or castes to marry without converting to each other’s religion.

Family Laws Specific to Karnataka

In Karnataka, family laws are administered through the Family Courts. Here are some relevant points specific to Karnataka:

Family Courts (Karnataka) Rules, 1987:

• Jurisdiction of Family Courts:
• Family Courts in Karnataka have jurisdiction over matters related to marriage, divorce, restitution of conjugal rights, judicial separation, child custody, guardianship, maintenance, and property disputes.
• These courts aim to provide speedy and efficient resolution of family disputes, promoting amicable settlements whenever possible.

Counseling Services by Bangalore Mediation Centre:

• The Family Court collaborates with social welfare associations to offer counseling services.
• Mediators play a crucial role in helping families navigate conflicts, understand legal rights, and explore reconciliation options.
• The emphasis is on preserving family relationships and minimizing emotional distress.

Procedural Aspects:

• The rules outline procedures for filing petitions, serving notices, and conducting hearings.
• Family Courts follow a conciliatory approach, encouraging parties to resolve issues through mediation and negotiation.
• The court may appoint experts or counselors to assist in resolving disputes.

Specialization and Expertise:

• Family Court judges specialize in family law matters.
• Their expertise lies in understanding the nuances of family dynamics, emotional complexities, and legal intricacies.
• They strive to create a supportive and empathetic environment for litigants.

Child Welfare:

• Family Courts prioritize the welfare of children.
• Decisions regarding custody, visitation, and maintenance are made with the child’s best interests in mind.
• The court may seek reports from child welfare experts to guide its decisions.

SERVICES OFFERED IN DIVORCE LAW BEFORE THE HON’BLE FAMILY COURT:

Restitution of Conjugal Rights.

Restitution of conjugal rights basically comprises two major words, “Restitution” and “Conjugal Right”.

• RESTITUTION: The restoration of something lost.

• CONJUGAL RIGHT: rights relating to marriage or the relationship between husband and wife.

• If either party to a marriage withdraws from the society of the other without reasonable cause, the aggrieved party has a right to file a petition claiming relief for restitution of conjugal rights. The court will grant the relief if there is no legal bar to such decree.
• Marriage under all matrimonial laws imposing certain marital duties and gives to each of them certain legal rights. The necessary implication of marriage is that parties will live together. Each spouse is entitled to the comfort of the other. After the solemnization of marriage both husband and wife are legally bound by the law to maintain their conjugal life together. If either of the spouses depart from the other then the aggrieved spouse may acquire a statutory matrimonial relief guaranteed under the codified personal law to restore their status of the other subject to validation of certain facts. This can be done by filing a petition in court seeking for resumption of cohabitation. This right is known as Restitution of Conjugal rights.

Mutual Consent Divorce.

A mutual consent divorce can be opted for when the husband and wife both consent to put an end to their relationship and lay down the conditions governing their divorce without having the need to fight a battle in court. Another name of divorce by mutual consent is uncontested divorce as the terms of divorce and formalities like maintenance/alimony, child custody and division of property are decided by the husband and wife are finalised without the need to contest them before a court of law.

Nullity of Marriage.

Marriage is a holy arrangement adopted and recognized by society and religion, between man and woman who are called husband and wife respectively. It is a religious sacrament sometimes referred to as a contract between man and woman to live life together as husband and wife.

The concept of holy wedlock has given it religious sacramental status in religion. The Nullity of Hindu Marriages under what circumstances can be made is clearly described and enumerated under section 12 of the Hindu Marriages Act, 1955, Nullity of marriage is a legal declaration by the court that there was no existence of marriage between two people and marriage was not valid. It is a declaration that supposed that marriage never happened.

Dissolution Of Marriages.

Section 14 for Divorce Under the Hindu Marriage Act, 1955 prohibits the dissolution of any marriage if the marriage has not elapsed one year since the date of marriage. However, exceptions can be there provided the sections and enough proof are provided while filing the petition. Indian Marriage Act supports that all marriages must be given a fair chance of reconsideration and reconciliation considering the mental, emotional, and financial investments and damages it can cause to both the parties and is considered seriously if any child (or children) are born out of that marriage.

Child Custody.

Section 26 in The Hindu Marriage Act, 1955 

CUSTODY OF CHILDREN:

In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time,

all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made:Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

Maintenance & Permanent Alimony.

The most important provision for the right of maintenance, under the Hindu Law is mentioned in Section 25 of the Hindu Marriage Act, 1955. Before analyzing this provision, let us first look at what it says:

This Section talks about permanent alimony and maintenance stating that:

• Any court that has jurisdiction under this Act shall on an application made by either the wife or the husband for grant of maintenance, order the non-applicant to pay for the maintenance and support of the applicant, either a yearly or monthly sum for a term not exceeding the life of the applicant, with regards to the non-applicant’s income and property, and any such payment may also be secured by charging the non-applicant’s immovable property.
• If the court is satisfied that there is a change in the current situation after passing the order, then the court may modify, or rescind the order at the instance of either party.
• If the court is satisfied that the party in whose name the order is placed has re-married, or if the wife has not remained chaste, or if the husband has had sexual intercourse with any other woman, then the court at the instance of the party may modify, rescind the order.

Disposal of Properties.

Section 27 in The Hindu Marriage Act, 1955
Disposal of property.-
In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.

Cancellation Of Marriage Certificates.

Including All Other Connected in Divorce Matters.

Maintenance Petition.

Domestic Violence, Protection Order, Residential Orders and Monetary Compensations Exclusively For Women:

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

The Act ensures a woman’s right to reside in her matrimonial home. This Act has a special feature with specific provisions under law which provides protection to a woman to „live in violence free home. Though this Act has civil and criminal provisions, a woman victim can get immediate civil remedies within 60 days. Aggrieved women can file cases under this Act against any male adult perpetrator who is in a domestic relationship with her. They can also include other relatives of the husband and male partner as respondents to seek remedies in their case.

Salient features of the Act:

• Ensures Right to Residence under sec 17.
• Ensures economic relief by recognising economic violence.
• Recognises verbal and emotional violence.
• Provides temporary custody of the child.
• Judgements within 60 days of filing of the case.
• Multiple Judgements in a single case.
• Cases can be filed under PWDV Act even if other cases are pending between parties.
• Both petitioner and respondent can prefer Appeal. 

THE FOLLOWING REMEDIES ARE AVAILABLE UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

• Section 18: Protection Order
• Section 19: Residence Order for residing at Matrimonial House
• Section 20: Monetary Orders which includes maintenance for herself and her Children
• Section 21: Temporary Custody of Children
• Section 22: Compensation order for the damages caused to her
• Section 31: Penalty for breach of protection order by respondent.

(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year

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