We advise on Indian Matrimonial Laws and Legal Systems. Advising clients on matrimonial issues pertaining to Foreign Jurisdictions & Compliances. We Provide services and legal assistance pertaining to all the Laws of Marriages and Divorce applicable in India.
With the tolerance of married couples diminishing, CHS Law Chambers comes across many families ready to give divorce to the other for situations that can be explained and resolved. We believe in uniting the estranged families. We have the patience to hear them and have succeeded in counseling them to give another chance to their relationship. Also, in cases where the marriage is irretrievably broken, we suggest and endeavor to adopt fastest and most economical process without compromising the basic requirements in a divorce.
We are proficient in arriving Divorce by Mutual Consent, Divorce Petition, Maintenance, Child Custody matters, 498A matters etc.
Maintenance under Hindu laws- under the Hindu Adoption and Maintenance Act, 1956, a wife can claim maintenance from her husband when is unable to maintain herself financially when she is been given the custody of the child.
Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child
We provide all kinds of family law related services including marriages, special marriage, divorces, child custody agreements, child custody law suits, alimony, maintenance, restitution of conjugal rights etc.
498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. An offence under Section 498A is non-bailable, where bail is not a matter of right but dependent on the discretion of the court. It is non-compoundable so that the victim is not pressured into compromise. And it is cognizable in that a police officer can make an arrest without a warrant from the court.
Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years. Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.
The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act provides for the first time in Indian law a definition of "domestic violence", with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not for meant to be enforced criminally.
As a practicing Lawyer with over 15 years of experience and expertise in Family Law and Criminal Defense, I have observed many gaps in this area and there is lot more work that needs to be done to support the victims of abuse and get the Justice for Women.
