FAMILY DISPUTES

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File or defend any  of the below cases pertaining to family and its members

  • BY OR AGAINST SENIOR CITIZENS OR PARENTS
    • Senior Citizens Or Parents Under The Senior Citizen And Parents Maintenance Act,2007 Against Sons, Daughters, Relatives Or Third Parties Having Fiduciary Interests With Them
      • For Maintenance- Food, Clothing, Medical Expenditure,
      • Residence
      • Cancellation of Gift Deed or other transfers and restoration of the property including jewelry.
      • Senior Citizen and Parents Shelter homes
  • DOMESTIC VIOLENCE CASES AGAINST WOMEN
    • Women under The Protection of Women from Domestic Violance Act, 2005 against Husband, Father-in-Law, Mother-in-Law, Brother-in-Law, Sister-in-Law, Sons, Daughters, relatives or third parties having co-habitated with them
      • Protection orders,
      • Maintenance orders to pay money,
      • Provide for residence,
      • Compensation for suffering verbal, emotional, economic and physical injury,
    • Who can file it?
      • Any woman related to a man by either blood or marriage
      • A relative of the victim
      • A friend of the victim
      • A neighbor of the victim
      • A protection officer
    • Against whom?
        • Any adult Male or Female related to her by either blood or marriage
        • Husband
        • Brother-in-law
        • Sister-in-law
        • Father-in-law
        • Mother-in-law
        • Son
        • Daughter
        • Grandson
        • Granddaughter etc.,
  • LIVE-IN-RELATIONSHIP CASES
    • If a woman lives with a man for longer time as his wife without being married to him, law considers such relationship as Live-in-relationship, giving each other party certain rights and obligations with an object of not exploiting the other. Domestic Violence Act covers such cases.
    • Women under The Protection of Women from Domestic Violence Act,2005 (DV Act) against a man who is live-in-Partner
      • Protection orders,
      • Maintenance orders to pay money,
      • Provide for residence,
      • Compensation for suffering verbal, emotional, economic and physical injury,
    • Who can file it?
      • Any woman living with a man for a longer time as his wife without being married to him
      • A relative of the woman victim
      • A friend of the woman victim
      • A neighbor of the woman victim
      • A Protection Officer
    • Against whom?
      • Any adult Male with whom the woman-victim is in live-in relationship with him
  • ILLEGITIMATE CHILDREN CASES
    • The children born to parents who are not married to each other as per law, despite they being illegitimate (Najaiz) have certain rights against their parents, including the father.
      • Both Mother and Father have equal duties to maintain their children during their minority, be it legitimate or illegitimate (Sec.20 HAMA,1955, Sec.125 of CrPC)
      • Islamic law does not provide right of inheritance to them
      • Hindu law for the purpose of succession treats them on par with legitimate children.(Sec.16 of Hindu Marriage Act,1956)
      • They have equal inheritance rights in their parent’s property. However, they do not have rights in joint family property and right to seek partition.
      • Rights and liabilities of the children born is almost same as that of legitimate children.
  • CUSTODY OF CHILDREN CASES
  • Children under the Guardians And Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956
    • By And Large, Both The Parents And In Their Absence, The Immediate Next Relative / Friend Has Right To Be Custodian And Guardian Of A Minor Child. In A Strained Relationship Between The Parents, The First And Foremost Issue That Arises Is That Of Custody And Guardianship Of Their Minor Children.
    • A Minor Child Means In The Eye Of Law, Person Below The Age Of 18 Years. Irrespective Of Their Intelligence / Understanding Level, Law Considers A Minor As Physically, Intellectually Imperfect, Needs Protection Of A Guardian / Custodian. The Guardians And Wards Act,1890 And The Hindu Minority And Guardianship Act,1956 Provide For Various Issues And Questions Arising In And Around Guardianship / Custody Of Minor Children, Irrespective Of Their Religion.
      • Custody and guardianship is decided by considering the interest of the minor Child but not the wishes of the conflicting parents, be it Hindu, Muslim, Chiristian or any other Religion.
      • In general, Courts tend to award physical child custody  to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child.
      • Conducive and appropriate environment along with the desirability of the child are some of the relevant factors
    • Types Of Guardians Under Hindu Law
        • Guardianship of person of minors
        • Guardianship of the property of minors.
        • De-facto guardians
        • Guardians by affinity
    • Kinds Of Guardianship –  Muslim Law Recognizes Three Types Of Guardianship
        • guardianship in marriage (Jabar)
        • guardianship of persons of the minor for custody (Hizanat);
        • guardianship of property which is divided into three sub groups:
          • de jure guardianship;
          • de facto guardianship
          • Certified guardianship
  • DISSOLUTION (DIVORCE)
    • Though Falls Within The Personal Aspects Of An Individual, Have To Meet Certain Legal Parameters To Give The Parties Certain Rights And Liabilities. Divorce, Like Marriage, Is Governed By Personal Law Of Indian Citizens.
      • The Hindu Marriage Act,1955, governs the Hindu
      • The Parsi Marriage and Divorce Act,1936, governs the Parsis
      • The Indian Divorce Act of 1869 governs the Christians
      • The Dissolution of Muslim Marriage Act,1939, governs the Muslims
      • The Special Marriage Act,1956, governs the Inter-Caste and Inter-Religion Marriages
      • The Foreign Marriage Act,1969  governs Indian when married to a foreign citizen
    • Dissolution And Separation Which Is Popularly Known As Divorce Can Happen Through A Formal Process Of Either Court Of Law Or Other Institute Recognized By Law Whereby So As To Separate The Spouses From Their Wedlock. The Divorce Can Be Had On Certain Grounds Permitted By Law.
    • Divorce Can Be Of Two Types
      • Consensual – the one obtained by mutual consent of the spouses
      • Non-Consensual – the one obtained by proving the permitted legal grounds like Cruelty, Adultery, Insanity, Impotency, Desertion, Sanyas etc., ………

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