Family Matters 

SK LAW ASSOCIATES

CHILD CUSTODY

Our specialist lawyer for child custody case provides you best possible legal help in child custody case.

Child custody law in India is governed by the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act states that the natural guardian of a Hindu minor, in the case of a boy or unmarried girl is the father, and then the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother five years. However, the Hon’ble Supreme Court of India in its judgment stated that the rather that though father is considered a dominant personality in a basic principle, but the preferential rights can only should be considered depending upon the best possible option for child.

Who Will Get the Custody of Child?

The question of custody of a child arises at the time of divorce. While deciding the question of custody court looks into several factors to conclude the best possible option for the child and its benefit. Whosoever, gets the custody becomes the primary caretaker, however it does not mean that the non-custodial patent loses its complete right, the right to meet the child and spent time on temporary basis can still be availed from the court which often the non-custodial parents do. This can be in the form of daily, weekly or monthly basis.

Factors Considered by Court While Deciding the Custody of Child

How Our Child Custody Case Lawyer Helps You in Litigation

The Law Office of SK Law Associates helps parent to get the custody of a child and raise them in the best possible manner. We take care of all the aspects which the court is going to consider while deciding the custody of the child and make sure court gets satisfied with our plea and we succeed in getting the custody of child.



Child Adoption 

The Adoptions as well as Maintenance Act of 1956 dealt specially with the legal process of adopting children by a Hindu adult, as well as the legal commitment of a Hindu to offer “maintenance” to a variety of family members counting, but not limited to, their wife or wives, parents, and in-laws.

Child Adoption law in India can be described as a procedure executed legally wherein an individual, a couple or a husband as well as wife living in the country agree to raise a child who is not their own. In addition to perform all the responsibilities of a good parent, they take the responsibility. The child adoption process comes in different types, as one’s choice will be dependent upon the major effects of this child adoption process not only to the birth mother but to the adoptive parents as well.

Who can Adopt a Child in India?

Under this child adoption act, only Hindus may take on the basis of their fulfillment of certain criteria. The first of these declare that the adopter has the legal right to (under Hindu Minority and Guardianship Act (1956) that would mean they are a Hindu). Next, they have the capacity to be able to offer for the adopted child. Thirdly the child must be able of being adopted. Lastly, fulfillment with all other specifications must be met to make the adoption suitable.

Child adoption, indeed is  most prevalent in today’s time, all across the globe. Couples and singles find it normal these days to be sharing their lives with children through adoption and it has proved to be life changing for the children. One of the most peculiar reasons of why adoptions take place, is because either parents are unable to have their own kids, or they wish to support a child and raise someone. Indians have started adopting children after many years of being considered a taboo.

The process of child adoption is primarily taken care of by Central Adoption Resource Authority that basically regulates in and intra country adoption and other related procedures with all due regard. It issues related guidelines regarding adoption process. This involve

There are specific conditions regarding eligibility of a child to be adopted and that’s just as important.

Who are orphaned, surrendered, or abandoned children

Role of the Child Adoption lawyer in India?

Child adoption in India is a legal process so its execution adheres to strict laws and standards.  It is also important for you to make sure that you are qualified to become a parent before you ever adopt a child. It is important for you to have a more stable income, a clean criminal record, a healthy body and an ability to offer a more secure environment as this will allow you to effectively raise your adopted child.

One can go for avail the services of the child adoption lawyer and understand all the legal aspects and formalities related to the adoption of a child so that adoption is done in compliance with the Indian law.

We are here to help you in the best way we can!

Dowry 

Dowry system has been prevailing in India since the ancient time. In the name of dowry, some people tend to take more than just durable goods and “stridhan.” Due to this, dowry is considered to be a kind of financial burden on the family of the bride. Also, in some cases it gives birth to crime against women, starting from injury, emotional abuse, as well as death sometimes. This is the reason why dowry has been restricted under specific Indian Laws, which includes the Dowry Prohibition Act, 1961 as well. Subsequently, it is also banned under sections 498A and 304B of the Indian Penal Code (IPC).

SK Law Associates Provide Legal Advice in Dowry Allegations 

Every year in different parts of the country, thousands of complaints are filed against dowry harassment. The number of cases filed relating to this are increasing day by day. The situation has become so alarming that it has become important for our concerned authorities to punish the guilty and, at the same time impose punishment and fine on the ones who take undue advantage of this act. We, at Law office of  SK Law Associates, handle all the cases relating to dowry, matrimony, property matters, arbitration, civil cases, cyber cases, corporate cases and many more. Our team professionals are available at the services of our clients 24×7.

Legal help is provided to all those who need it. Be it the ones who are aggrieved by the in-laws who demand forceful dowry or the ones on whom false dowry allegation is being imposed; both the parties are provided proper assistance. Unless, the clients do not get the deserved justice, we stick to the case taken. The dowry allegation cases of the clients are heard, understood properly and accordingly the series of action is taken. The initial consultation is free of cost and the cases can be discussed over phone as well, if so is desired by the client. 

domestic violence

The Domestic Violence Act of 2005 of India lawfully describes domestic violence as well as the prosecution guidelines of those cases that are reported to the police. According to Section 3 of the Act, the respondent will continue to cause domestic violence if:

This is a different form of crime that is being brutally taken against a person. This includes many steps that are just enough to give birth to unknown dilemma and fear in a man who has gone through this situation. Personal crimes are also notified under this heading, yet they are unevenly distributed in the country India. With those racial minorities committing these crimes more than others are punished accordingly.

The term domestic violence is used to denote the presence of a close relationship between the offender and victim.

Kinds of abuse :

Domestic violence is still a dark reality in India and takes place in different forms.

Levels of harassment

Not only that it includes mental or physical harassment, it also includes cases like- murder, rapes, brutal robbery, dacoit, assault to a level of aggravated aggression upon a person. There are broad array of domestic violence offenses, which usually involves harm including physical harm. Domestic violence is also a part of this act.

The verdict

In Section 3 criminal law, the verdict that is given to the person suffering from any sort of assault usually refers to crime that is committed by direct physical harm or the force that is being applied to another person. Homicide is another burning area that is increasing day by day.

You deserve compensation for your domestic violence case, whether you realize it or not. Our experienced Lawyer for domestic violence case in Delhi can help you get the settlement that you are seeking.


Annulment of marriage

Annulment of marriage dissolves a marriage and brings the parties (to the marriage) at the same position where they were before the marriage was solemnized.

Annulment is just a legal procedure to declare a voidable marriage null and if the marriage is void then, though legally it is automatically null, still legal declaration of nullity is required to establish the same.

Annulment is granted when a marriage is automatically void due to certain public policy reasons or due to it being voidable by one party due to non presence of certain requisite elements required to get the marriage validly solemnized in The Hindu Marriage Act, 1955. Certain conditions which are necessarily required to be present at the time of marriage are provided under section 05 of the Hindu Marriage Act, 1955.

A party can approach the court for annulment of marriage if the marriage was solemnized due to various factors, some of which are:-

Status of children from Annulled marriage – The court establishes the rights and obligations of children born out of wedlock of annulled marriage. Such children are legitimate.

Procedure for filing petition for annulment – One of the parties must necessarily live for a continuous ninety day period in the state where the petition for annulment is filed. Though the procedure of annulment is similar to that of a divorce, but not as complicated as divorce.

Length of marriage – The length of the marriage is not a qualifying factor for presenting the petition of annulment. In case of annulment of a marriage which has been solemnized for a longer period, the court divides the property amongst the parties.

Annulments are not granted graciously but rarely and so whenever they are granted, there should be very specific circumstances.

Thus, annulments nullifies the marriage thus returning both the parties to the position prior to their being getting into the institution of marriage.


Mutual Consent divorce

Mutual Consent Divorce in India is no more a taboo, and people are gradually accepting the cruel realities of their relationships, and are taking decisions so as to get into healthier relationships.

As per the Hindu Marriage Act 1955, section 13B states that there must be following conditions for mutual consent divorce:

In India, separation if contested by the other party can be achieved only by evidence of unkindness (physical as well as mental), abandonment (unjustified separation of 2 years), infidelity (sexual intercourse outside wedlock), insanity etc.

Role of our Mutual Consent Divorce Lawyer

While filing for divorce, one must seek help from experts like Mutual Consent Divorce Lawyer who will help the respective individual in the entire process. At the same time he will also inform you that following are the requirements while the process of divorce is going on:

At Law office of SK Law Associates, all the required documents pertaining to the marital assets, matters related to the children as well as any other issues of significance are gathered by our experienced mutual consent divorce lawyers.

The mutual consent divorce lawyer files the divorce petition with the court as well as the similar is served up with the respondent, the other party. During the mutual consent divorce process, the legal representative at SK Law Associates files a discovery motion to gather the evidences from your spouse. The Discovery motions comprise all the required information of your spouse in respect of the tax returns, the credit card bills, the property documents, the earning statements. These types of documents help in calculating the amount of spousal support as well as the child support that you may contest for after getting the divorce decree. It also assists the attorney for claiming the division of the assets as well as the debts, if any, of your spouse


Restitution of Conjugal Rights

It is one of the reliefs that is provided to the spouses who are in distress in the institution of marriage. This is a Right which can be exercised by a party to Stay Together with the other party who avoids cohabitation with the aggrieved party deliberately – There has to be cohabitation between the people who enter into the institution of marriage. However, if either of them fail to fulfill such obligation or deliberately avoids cohabitation, then the other party can approach the court for restitution of conjugal rights.

The aggrieved party (petitioner) approaches the court of law when one of the spouses withdraws from the company of the other without reasonable causes. Thus, in order to approach the court of law there has to be a valid marriage, as per the provisions of Hindu Marriage Act, amongst the parties.

The complaint / petition has to be filed in the civil courts in whose limits:

The petitioner (aggrieved party), in order to get awarded the decree for restitution of conjugal right has to establish (a) that the respondent (other party) withdrew from the company/society of the aggrieved party without any reasonable cause and (b) there is no legal ground which disentitles the petitioner for such relief. Thus the onus lies on the party which has withdrawn from the society of the other party. Amongst many reasons, continuous demand for dowry, causing physical and mental torture are certain reasons which can be exercised by the aggrieved party.

By the passing of the decree of restitution of conjugal rights, the guilty party is ordered to live with the aggrieved party. Thus this remedy can be exercised only by the deserted spouse against the spouse who leaves the aggrieved / deserted spouse due to unreasonable causes.

The remedy provided by Restitution of Conjugal Rights decree is a positive remedy that makes both the parties to the marriage live together and cohabit.

If the decree of restitution is not honored for one year from the date of passing of the decree, then it is one of the valid grounds for petition for divorce. Apart from this the implication of this decree is that it even provides an opportunity to the aggrieved party to file petition for maintenance.


498 A CASES

Before 1983, the offence of cruelty and harassment inflicted on a married woman were dealt with by general provisions of the Indian Penal Code as there was no specific provision in the Indian Penal Code to deal with such offences. Therefore in the year 1983, the criminal law amendment was brought by the Govt. of India, and according to that, Section 498-A was brought into the statute book in the year 1983. The objects and reasons for introducing Section 498-A IPC can be gathered from the Statement of Objects and Reasons of Criminal Law (Second Amendment) Act of 1983 which reads as under:- "The increasing number of Dowry Deaths is a matter of serious concern. The extent of evil has been commented upon by the Joint Committee of the Houses constituted to examine the working of the Dowry Prohibition Act, 1961. Cases of cruelty by the husband and the relatives of the husband which culminate in suicide by, or murder of the hapless woman concerned, constitute only a small fraction of the cases involving such cruelty. It is, therefore proposed to amend the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act suitably to deal effectively not only with cases of Dowry Death but also cruelty to a married woman by their in-laws. The following are the changes that are proposed to be made:- (i) The Indian Penal Code is proposed to be amended to make cruelty to a woman by her husband or any relative of her husband punishable with imprisonment for a term which may extend to three years and also with fine. Willful conduct of such a nature by the husband or any other relative of the husband as is likely to drive the woman to commit suicide or cause grave physical or mental injury to her, and harassment of a woman by her husband or by any relative of her husband to coerce her or any of her relatives to meet any unlawful demand for the property would be punishable as cruelty, the offence will cognizable if information relating to the commission of the offence is given to the officer in charge of a Police Station by the victim of the offence or a relative of the victim of the offence or, in the absence of any such relative, by any public servant authorized in this behalf by the State Government. It is also being provided that no court shall take cognizance of the offence except upon a Police Report or complaint made by the victim of the offence or by her father, mother, brother, sister or by her father's or mother's brother or sister or with the leave of the court by any other person related to her by blood, marriage or adoption (vide Clauses 2, 5 and 6 of the Bill.) (ii) Provision is being made for an inquest by Executive Magistrates and for postmortem in all cases where a woman has, within seven years of her marriage, committed suicide or died in circumstances raising a reasonable suspicion that some other person has committed an offence. A post-mortem is also being provided for in all cases where a married woman has died within seven years of her marriage and a relative of such woman has requested on this behalf (vide Clauses 3 and 4 of the Bill) (iii)The Indian Evidence Act, 1872 is being amended to provide that where a woman has committed suicide within a period of seven years from the date of her marriage and it is shown that her husband or any relative of her husband and subjected her to cruelty, the court may presume that such suicide had been abetted by her husband or by such relative of her husband (vide Clause 7 of the Bill).

The objective of 498A IPC:-

As mentioned above a new section i.e 498 A was inserted in the Indian Penal code under chapter XX-A with an object to curb the menace of “Cruelty against a married woman” which often led to dowry death. It has been presumed a very important amendment in the Indian Panel Code to safeguard the married woman from any type of physical brutality or harassment for dowry demand. The foremost objective behind this amendment was to protect married women from any type of harassment by her husband or relatives of the husband for want of dowry or any article etc. Offence under 498A IPC is cognizable, non-compoundable, and non-bailable meaning thereby the Police is duty-bound to register an FIR against the persons involved in the offence on receiving of the complaint from an aggrieved woman or her family members. Since offence of 498a IPC is cognizable and is non-bailable, the police is empowered to arrest the person involved in the case, and the only remedy left to the person involved to approach the competent court for anticipatory bail under Section 438 Cr. P.C.

Definition of section 498A of Indian Penal Code:-

“498-A. 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. Explanation.—For this section, “cruelty” means— (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”