Family & Divorce Matters - B Pramanik & Associates

Family & Divorce matter

Family disputes and divorce cases have increased significantly in recent decades.. Complications in a relationship and marriages lead to divorce. Family and divorce law differs from other laws in a number of ways.

Pramanik Association offers a wide variety of litigation services related to family and divorce case)

Grounds of divorce and judiciary Separation

Here, we will talk about a few divorce-related laws that are relevant to the Indian legal system.

  • Adultery: When a man or woman engages in an illegal relationship, the victim party has the right to petition for divorce and judicial separation.
  • Cruelty: Cruelty is associated with physical abuse, inappropriate behaviour, and both mental and physical pressure; these types of cases result in divorce.
  • Conversion: It has frequently been seen that some individuals force their partners to change their religion after marriage; in such a situation, the victim party may petition for divorce.
  • Presumed Death: When a person has not spoken or in touch with their partner through any means for the past seven years, it is presumed that they have died. In case, the victim party may petition for divorce.

Hindu marriage ACT 1955

The Hindu Marriage Act is the main statute governing marriage and divorce in Indian law. To better know Divorce we must be aware of what is Hindu Marriage ACT 1955 We will talk about its complete sections and how they operate.

Preliminary (sec 1-4):

Preliminary act sec-1 is basically applicable in entire India. From 30 Oct 2019, this act is applicable in J&K.

Sec-2 applies to those who are Hindu by religion, Buddhist, Jain, or Sikh by religion, who is not Muslim, Parsi, or Christian by religion

Sec-3 contain custom and usages, district court, full blood, Uterine blood Prescribed, etc

Sec-4 clarifies the overriding effect of other acts.

Hindu marriage (sec 5-8)

Sec-5 describes the conditions of Hindu marriage

Sec-6 Guardianship in marriage

Sec-7 Ceremonies for Hindu marriage

Sec-8 Registration of Hindu marriage

Restitution of conjugal rights and judicial separation (Sec 9-10)

Sec 9- Restitution of conjugal right

Sec. 10 Judicial Separation

Nullity of a marriage of divorce (sec 11 – 18)

Sec 11 Void marriage

Sec-12 Voidable marriage

Sec-13 Divorce

Sec-14 No petition for divorce to be presented within one year of marriage.

Sec-15 Divorce person when may marry again.

Sec-16 Legitimacy of a child of avoiding and voidable marriages

Sec-17 Punishment of bigamy

Sec-18 Punishment for contravention of certain other conditions for a Hindu marriage.

Jurisdiction and procedure (sec 19-28)

Sec-19 Inform to court which petition shall be presented

Sec-20 Contents and verification of petitions

Sec-21 Application of ACT 5 1908

Sec-22 Proceedings to be in camera and may not be printed or published

sec-23 Decree in proceedings

sec-24 Maintenance pendent lite and expenses of proceedings

Sec-25 Permanent alimony and maintenance

Sec-26 Custody of children

sec-27 Disposal of property

sec-28 Appeal for decree and orders

Saving and repeal (sec 29-30)

Sec-29 Savings

Sec-30 Repeals

FAQs

Frequently Asked
Questions

Can I divorce my parents UK?

Yes you can divorce your parents in the UK. We have a special team of lawyers who work for UK clients.

How to divorce family members?

When two family members separate from each other weather whether parents or husband-wife it comes under family divorce.

When a couple divorces who gets what?

Every marriage and divorce is unique. Regarding the division of assets upon divorce, there are no absolute standards. The Court considers a number of issues when splitting assets, and lawyers will advise their clients based on those considerations.

What are the terms of one-sided divorce?

One side divorce happens when only one party is willing to take divorce while the other is not…such type of divorce is slightly difficult.

Some grounds and terms for one-sided divorce

  • Adultery: adultery is a term for single-sided divorce when anyone partner cheats the another.
  • Cruelty: Mentally and physically torture come in credulity.
  • Desertion: When one partner leaves another without any reason comes in desertion for two reasons.
  • Religion conversion: When you force your partner to change their religion conversion.
  • Some medical issues: if any. If one partner suffering forms a mental illness then another party can file for divorce..

Is it a long process to get a divorce?

From case to case, it varies. While some cases take a long time to resolve, others are resolved within a month.

How to win a divorce case as a man?

Well all the rules and regulations as per the judiciary will be followed in such a case.

How many Indian divorce grounds do you have expertise in?

The B. Pramanik Association is knowledgeable about practically all reasons for divorce. We have dealt with a variety of clients who wanted a divorce for different kinds of reasons.

How many cases do you go through for divorce?

Multiple cases.

Explain your expertise in a divorce case?

B. Parmanik association has used Different terms to resolve various divorce cases. Many clients has benefited from working with our team of experienced attorneys to obtain justice.

How can we reach you?

Location: 158, Dumdum Road, Kolkata – 700074, West Bengal, India (Beside Dumdum Ghoshpara State Bank E-Corner; Landmark – Dumdum Hanuman Mandir).

Phone: +91 9339055647

Email: info@bpramanikassociates.com

Website: www.bpramanikassociates.com

Get a Quote

Get Ready Work
Together

Our Consultants

What Our Client’s Say
About Solutions

Fedback