Legal assistance for mutual consent divorce, contested divorce, maintenance, child custody, visitation rights and matrimonial disputes under the Hindu Marriage Act, 1955.
Divorce proceedings between parties governed by Hindu matrimonial law are principally dealt with under the Hindu Marriage Act, 1955. The appropriate legal remedy depends upon whether both spouses agree to dissolve the marriage or whether one spouse seeks divorce against the other on legally recognised grounds.
Matrimonial proceedings may also involve connected issues such as maintenance, interim maintenance, child custody, visitation, restitution of conjugal rights and other matrimonial reliefs. Each case therefore requires examination of the marriage history, documents, allegations, jurisdiction and the relief actually required.
Territorial jurisdiction depends upon the facts of the particular marriage and the applicable statutory provisions. Relevant factors may include the place where the marriage was solemnised, the place where the respondent resides, the place where the parties last resided together and other jurisdictional circumstances recognised by law.
Before initiating proceedings, the facts and available documents should be reviewed to determine the appropriate matrimonial remedy.
The appropriate proceeding depends upon the facts, the relief required and whether the spouses mutually agree.
For spouses who mutually agree to dissolve their marriage and are able to settle consequential matrimonial issues.
Legal representation where divorce is sought on a statutory ground and the other spouse does not consent to dissolution.
Advice and representation relating to maintenance, interim maintenance and connected financial claims.
Proceedings concerning custody and welfare of children arising from matrimonial disputes.
Applications concerning reasonable access and visitation arrangements between a parent and child.
Legal assistance for connected matrimonial remedies and proceedings arising from marital disputes.
A contested divorce must be based on a legally available ground supported by the facts and evidence of the particular case.
Physical or mental cruelty may constitute a ground for divorce depending upon the facts and evidence.
Desertion may constitute a statutory ground where the required legal ingredients and period are established.
A matrimonial petition may rely upon adultery where the statutory requirements and supporting circumstances are established.
Conversion from Hinduism may have matrimonial consequences under the applicable provisions of the Act.
The statutory requirements must be carefully examined before relying upon this ground in matrimonial proceedings.
The Hindu Marriage Act contains additional grounds and circumstances that may apply depending upon the particular case.
Where both spouses mutually decide to dissolve their marriage, a petition for divorce by mutual consent may be considered, subject to fulfilment of the statutory requirements.
Where mutual consent is unavailable, a spouse seeking divorce must establish an applicable statutory ground before the competent court.
The precise procedure varies according to the nature of the petition, court directions and facts of the case.
The marriage details, dispute history, available documents, jurisdiction and required relief are reviewed.
The appropriate matrimonial petition is prepared based upon the facts, applicable statutory provisions and relief sought.
The proceeding is instituted before the court having jurisdiction over the matrimonial dispute.
In contested proceedings, the respondent is ordinarily given an opportunity to appear and place his or her case before the court.
Where required, parties may produce documents, affidavits, oral evidence and other legally admissible material.
After considering the pleadings, evidence and applicable law, the court determines the matrimonial relief sought.
The exact documents depend upon the facts and nature of the case. Additional documents may be necessary.
A matrimonial dispute can involve more than the divorce petition itself.
In a mutual consent divorce, both spouses agree to seek dissolution of the marriage. In a contested divorce, one spouse seeks divorce on an applicable legal ground and the other spouse has the opportunity to contest the proceeding.
Maintenance and interim financial relief may arise in matrimonial proceedings depending upon the applicable statutory provisions, income, circumstances of the parties and the facts placed before the court.
Where parents cannot agree, custody and visitation issues may be determined by the competent court. The welfare and best interests of the child are central considerations.
The documents necessary to establish the marriage depend upon the circumstances of the case. Where a marriage certificate is unavailable, other legally relevant material concerning the marriage may need to be examined.
There is no single fixed duration applicable to every divorce case. The time depends upon whether the proceeding is mutual or contested, the issues involved, service of notice, evidence, interlocutory applications and the court's schedule.
Depending upon the proceeding and circumstances, appropriate applications relating to custody or visitation may be considered before the competent court.
For consultation regarding Hindu divorce, mutual consent divorce, contested matrimonial proceedings, maintenance, child custody or visitation matters in Chennai, schedule a legal consultation.
Advocate J.N. Naresh Kumar, M.L. (Hons.)
Door No. 65/1, Jani Jhan Khan Road,
Royapettah, Chennai – 600014
Mobile: 77083 00960
Consultation is available for family, matrimonial, criminal, civil, property, High Court and accident claim matters.
Please schedule an appointment before visiting the office to confirm availability.
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