Family Law
Our Expertise
Family Law
With more than 15 years’ experience, dk Advocate family law practice is one of the most reliable and highly regarded in the Bangalore. Our team of family lawyers have handled all facets of matters ranging from divorce, maintenance, guardianship to domestic violence, cruelty, 498A etc. We understand that clients often require localized legal advice, so we specialize in cross-border projects, providing complete support through our national and international network. Our litigation team and the family law experts provide assistance in the following areas-
Annulment of Marriage
Annulment denotes making a voidable marriage null. However, if the marriage is void ab initio, then our team assists the clients in moving to a Court of competent jurisdiction to get a declaration of annulment.
Contested Divorce
Generally, in contested divorces, one party is interested in seeking divorce and the other is not in favour of the same. Under the concept of the contested divorce, the divorce is sought on the grounds of fault or guilt by one of the parties to the marriage.
Divorce by Mutual Consent
In a mutual consent divorce, the husband and wife mutually agree to separate and end the marriage. Under Section- 13B of the Hindu Marriage Act, 1955, a provision has been provided for mutual consent divorce wherein certain conditions must be satisfied by the parties to get a divorce. In addition, Section- 28 of the Special Marriage Act, 1954 and Section- 10A of the Divorce Act, 1869, also cater to mutual consent divorce.
Such joint petition is usually required to be filed before the District Court within whose jurisdiction the marriage was solemnized or where both the parties last resided together. The presence of both the parties at the time of first motion and the second motion is mandatory.
Restitution Of Conjugal Rights
Conjugal Rights Restitution is a legal entitlement that is based on Section 9 of the Hindu Marriage Act. The aggrieved party may apply to the district court for restitution of conjugal rights if the husband or wife is withdrawn from the other partner’s company without valid. In simple terms, the restitution of conjugal rights is regaining the companionship of a spouse who has abandoned the relationship for no apparent reason.
When either the husband or wife has withdrawn from the other’s society without sufficient justification, the aggrieved party may petition the district court for restitution of conjugal rights, the court has to examine if the petition is true and there is no legal reason why the application should not be granted the restitution of conjugal rights.
Solemnization of Marriage under various laws
Our experts also provide assistance in solemnization and registration of marriage under various laws including Special Marriage Act which is a ‘Special’ legislation in India. The said act enables a special form of marriage for the couples, following different religions, or desiring a civil form of marriage. The Act allows solemnization and registration of marriages which couldn’t be solemnized under the various religious customs. For example: Two Indian citizens having different religions can get married under this Act. One Indian Citizen and his/ her foreign national partner can also get married under the Act. Even two Foreign Nationals can get their marriage solemnized and registered under the said act.
Guardianship and Custody
dk Advocate assists efficiently in drafting and filing of a Guardianship/Custody petition before the family court of competent jurisdiction. After gaining the requisite information as to the facts about the case a petition is drafted and the same is filed. Thereafter the matter is adjudicated as per the procedure and the arguments are concluded.