What is Family Law and What Are Some Common Issues That Family Lawyers Deal With?

Family Law
Matrimonial, Divorce Law

The Matrimonial and family dispute lawyers in Chennai are trained to help their clients navigate the legal system and reach a fair and equitable resolution.

Matrimonial, Divorce Law & Family Dispute Lawyers

At AranLaw firm we have Matrimonial & Family Lawyers in Chennai that specialized in handling cases among family members. We help our clients to resolve their differences and disputes in a court of law. These disputes can arise from a variety of issues, including  

  • Child custody and visitation,  
  • Divorce,  
  • Maintenance or Alimony  
  • Property division, 
  • Domestic Violence 

The Matrimonial and family dispute lawyers are trained to help their clients navigate the legal system and reach a fair and equitable resolution. In many cases, these family lawyers can help their clients reach an out-of-court settlement that is agreeable to both parties. However, if a settlement cannot be reached, these lawyers can also represent their clients in court. Aran Law Associates’ matrimonial and family dispute attorneys can help you defend your rights and achieve the best outcome.

This helps when fighting family members who still wants to be friends. Our Family Lawyers in Chennai have a lot of experience in dealing with emotionally charged cases. This helps them to better understand their client’s needs and wants. They use this knowledge to help their clients reach a resolution that is fair for all parties involved. 

In India, divorce cases are heard by family courts, which are specialized tribunals that deal with matrimonial disputes. The procedure for filing a divorce case in India is as follows:  

  • Filing of Petition with evidence: First, the petitioner (the spouse who is initiating the divorce) must file a petition with the court, along with supporting documents such as the marriage certificate and evidence of residency. 
  • Notice to Respondent: The court will issue a notice to the respondent (the other spouse), who must then appear before the court and present their defense.  
  • Case Trial: Both the parties (husband and wife) shall make their submission before the court why the divorce can be granted/not granted with the required evidence and witnesses. 
  • Divorce Decree: Finally, after considering all the evidence, the court will pronounce its verdict and grant a divorce. In India, divorce cases can be quite complex and often involve multiple hearings, but the above process provides a general overview of how they are typically dealt with by the courts. 

When it comes to divorce proceedings in Chennai, there are a few things you need to keep in mind. First and foremost, it is important to find a family lawyers in Chennai who is experienced and knowledgeable about the law surrounding divorce in India. This will help ensure that your lawyer is able to effectively represent you and your interests during the divorce process. Find a lawyer you can talk to and trust to work hard for you. Finally, ask Indian divorcee friends or family members for advice before making your final decision. Following these steps, our family lawyers in Chennai can find the best matrimonial case outcomes.

Child Custody and visitation Rights Case procedures in India 

After separating, parents should go to court to decide who should raise the child. The court decides custody and visitation. It’s crucial to understand your case’s steps and rules, even though the process is lengthy. 

There are two main types of custody in India:  

  • Physical and  
  • Legal 

Physical Custody of Child 

Physical custody refers to where the child will live, while legal custody gives the parent the right to make decisions about the child’s welfare. In many cases, parents can agree on joint custody, which means that they will share both physical and legal custody of the child. If you are unable to reach an agreement with the other parent, the court will make a decision based on the best interests of the child.

Visitation rights are typically determined by the court as well. The court will consider factors such as the distance between the homes of the parents, work schedules, and the relationship between the child and each parent. In some cases, the court may order supervised visitation, which means that a third party must be present during visitations. The procedures for resolving child custody and visitation disputes can be complex, but it is important to consult with an experienced attorney to ensure that your rights are protected. 

Legal Custody refers to the decisions regarding the legal custody of a child that are made on the basis of the best interests of the child. Several factors are considered when making these decisions, including the wishes of the child’s parents, the child’s relationship with each parent, and the child’s overall well-being. The courts will also take into account any history of domestic violence or abuse. Once a decision has been made, it cannot be changed unless there is a significant change in circumstances. In most cases, the courts will order joint legal custody, which means that both parents have equal rights and responsibilities with regard to the child’s upbringing. However, in some cases, one parent may be granted sole legal custody. This is usually only granted if the other parent is deemed to be unfit or unwilling to care for the child. 

Maintenance and Alimony Procedures of Family Law in India 

In India, family law is primarily governed by the  

  • Hindu Marriage Act, 1955,  
  • The Special Marriage Act, 1954,  
  • The Indian Divorce Act, 1869,  
  • The Parsi Marriage and Divorce Act, 1936, and  
  • The Hindu Adoptions and Maintenance Act, 1956.  

Under these Acts, alimony can be awarded to either spouse on the grounds of  

  • desertion,  
  • adultery,  
  • cruelty,  
  • mental or  
  • physical incapacity of the other spouse.  

Alimony can also be ordered by the court in cases where one spouse has a much higher income than the other spouse. The amount of alimony awarded by the court is generally based on the needs of the dependent spouse and the ability of the other spouse to pay. In addition to alimony, maintenance can also be ordered by the court for minor children or disabled spouses. Maintenance payments are generally made on a monthly basis and are intended to cover basic living expenses such as food, shelter, and clothing. 

The maintenance and alimony procedures of family dispute law in India vary depending on the religion of the parties involved. For example, under Muslim law, a husband is obligated to provide financial support to his wife even after divorce, while under Hindu law, maintenance is only payable during the period of separation. Despite these differences, there are some general principles that apply across all religions. For instance, alimony is typically only payable to a spouse who is unable to support themselves, and it is usually calculated based on the needs of the recipient and the ability of the payer to meet those needs. Additionally, maintenance payments can be modified or terminated if the circumstances of either party change. As such, it is important to consult with a qualified legal professional before making any decisions regarding maintenance or alimony in India. 

Maintenance under Hindu Marriage Act, 1955 

Under the Hindu Marriage Act, 1955, maintenance can be claimed by a husband or wife from their spouse if they are unable to support themselves. The act also provides for the maintenance of children and parents. In order to claim maintenance, an individual must file a petition with the court. The court will then consider various factors, such as the financial resources of the spouse claiming maintenance and their need for support. Maintenance orders can be temporary or Permanent. In some cases, it may be possible to reach an agreement on maintenance outside of court. 

Maintenance Case Procedures in Indian Court 

Maintenance case procedure in court under section 25 of Hindu Marriage Act, 1955 

Under the Hindu Marriage Act, 1955, either husband or wife can file a petition for maintenance in case of desertion, cruelty or adultery by the other spouse. The Act prescribes the procedure to be followed in such cases. The aggrieved spouse has to first file a petition before the court under Section 25 of Hindu Marriage Act, who will then investigate the matter and submit a report to the court. Based on this report, the court will decide whether there is a prima facie case for maintenance. If the court decides that there is a case for maintenance, it will issue an interim order directing the other spouse to provide financial support to the aggrieved spouse.

This order is usually issued pending the final decision in the case. The main factor considered by the court while deciding on a maintenance order is the ability of the other spouse to pay. The court will also take into account the needs of the aggrieved spouse and any other relevant factors. In cases where there is no possibility of reconciliation between the spouses, the court may order permanent alimony. 

Maintenance case procedure in court under section 125 of Criminal Procedure Code 

Under section 125 of the Criminal Procedure Code, a maintenance case can be filed by a husband or wife who is unable to support themselves. In order to file a case, the husband or wife must first submit an application to the court. The application must contain information about the applicant’s income and expenses, as well as the names and addresses of the husband or wife. Once the application has been submitted, the court will set a date for a hearing. At the hearing, both sides will be given an opportunity to present their evidence. After considering all of the evidence, the court will make a decision about whether or not to grant maintenance. If you are considering filing a maintenance case, it is important to seek legal advice from an experienced attorney. 

Property division among the spouse in Divorce Case or Separation 

In a divorce or legal separation, the court will divide the couple’s assets and debts. This process is called “property division.” The court looks at several factors in dividing property, including: each spouse’s contribution to the acquisition of assets; each spouse’s economic needs; the duration of the marriage; and any array of other relevant factors. Once the court has made its determination, it will issue a Property Division Order that specifies how the couple’s assets and debts are to be divided.

The court may order the sale of a family home and split the proceeds. Sometimes a court orders one spouse to pay the other a lump sum or regular payments from their income or assets. Property division is complicated, so you need an experienced lawyer to protect your interests.

Domestic Violence Case and Procedures under Domestic Violence Act, 2005 

Domestic violence is a difficult and sensitive issue. One partner abuses the other to gain or maintain power and control. Domestic violence can take many forms, including physical, sexual, emotional, economic, and psychological abuse. It can happen to anyone, regardless of gender, race, ethnicity, religion, or socioeconomic status. Unfortunately, domestic violence is all too common, with an estimated one in four women and one in nine men experiencing it at some point in their lives.

If you are a victim of domestic violence, there are many resources available to help you. You can contact a local protection officer appointed under Domestic Violence Act. You can also file a restraining order against your abuser. Restraining orders are court orders that prohibit an abuser from having contact with the victim. If you have been the victim of domestic violence, it is important to know that you are not alone and there is help available. 

Domestic violence is a case filed in court when one family or household member physically harms another. The courts will also intervene when there is a pattern of emotional abuse or controlling behavior. In some states, stalking and economic abuse can also be considered forms of domestic violence. When domestic violence occurs, it is important to get help immediately. There are many resources available to victims of domestic violence, including hotlines, shelter, and counseling services. 

Remedies Available under domestic Violence Act

Under Indian law, there are a number of remedies available to victims of domestic violence. These include  

  • protection orders,  
  • residence orders, and  
  • financial orders.  

Protection orders prohibit the abuser from coming within a certain distance of the victim’s home or place of work. Residence orders gives victim the right to live in the family home, even if the abuser is also living there.

Financial orders require the abuser to pay maintenance to the victim, or to make contribution towards the costs of litigation.  

A restraining order prohibits the abuser from contacting the victim. To get the best result, talk to a lawyer about domestic violence.

 We the Aran Law Firm has one of the best family lawyers in Chennai and handles the cases well.

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