Family courts in India are specialized Civil Courts that deal exclusively with various matrimonial issues. These include the dissolution of marriage, declaration of matrimonial status, ownership of properties, interim injunctions arising out of marital relationships, legitimacy, guardianship, custody or access to minors, and suits for maintenance. Family Courts entertain petitions for the grant of divorce decrees under several Acts, such as The Hindu Marriage Act, 1955; Dissolution of Muslim Marriage Act, 1939; Muslim Women (Protection of Rights on Divorce) Act, 1986; The Parsi Marriage and Divorce Act, 1936; The Divorce Act, 1869; The Special Marriage Act, 1954; and the Foreign Marriage Act, 1969. Regardless of caste, creed, or the validity of the marriage, any dispute arising within a marriage falls under the jurisdiction of the Family Courts. These courts can also handle property disputes and pass orders or injunctions related to marital relationships.
Matrimonial disputes refer to disagreements, often legal, regarding marriage. These disputes can arise at any time between marital partners due to various reasons such as verbal or physical abuse, personal characteristics, and behavioral patterns. Marital dissatisfaction, extramarital affairs, and habitual drinking are other common causes of such conflicts. Criminal cases involving matrimonial disputes may pertain to domestic violence, dowry demands, and physical or mental torture.
Course of Action in Matrimonial Disputes
When matrimonial disputes arise, they often lead to numerous litigations of both civil and criminal nature. The procedure for the dissolution of marriage varies depending on the parties involved. Matrimonial disputes can lead to the dissolution of marriage, and the procedure for such dissolution varies depending upon the parties to the marriage.
Family Disputes
Family conflicts refer to active opposition between family members and can take various forms, including verbal, physical, sexual, financial, or psychological. Conflicts may occur within a couple, between parents and children, or between siblings. Regardless of the circumstances, family breakdowns are very stressful.
Nature of Family Disputes
Family disputes may pertain to matters related to the succession of property, execution of wills, and other matters related to individual rights within a family. Many individuals in India are unaware of the proper format for transferring property to their chosen heirs. A will is a declaration expressing a person’s desire regarding their estate, providing for its transfer upon their death. Wills in India are governed by religion-specific laws, such as The Hindu Succession Act, The Muslim Personal Law (Shariat) Application Act, 1937, and The Indian Succession Act.
How NRI Lex Consult Can Help Protect Your Rights
NRI Lex Consult is dedicated to providing comprehensive support to clients, fighting to secure their best interests. We strive to find agreements that suit everyone and keep disputes out of court whenever possible. Our team offers strategic advice considering the merits and demerits of a case, the average lifespan of a dispute, and the final adjudication process in Indian courts. We counsel clients to keep an open mind and mediate with the opposite party, although sometimes divorce is the only option to end a marriage for the better.
A sound legal strategy, aimed not only at the final outcome of a case but also considering the position of the litigants during the prolonged adjudication process, is essential for securing favorable outcomes in litigation. Our law associates are experts in drafting petitions related to divorce (both mutual and unilateral), judicial separation, restitution of conjugal rights, domestic violence, dowry harassment, maintenance, and child custody. We also provide assistance in drafting wills under various laws, relinquishment deeds, family settlement agreements, and partition deeds.
Our plans and strategies are tailor-made to suit the needs of our clients, who come from all walks of life. We offer professional and practical solutions that meet their demands, always putting our clients and their families’ interests first.
