Family Lawyers in Delhi

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Family Lawyers

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Family Lawyers in India
Family Laws encompass the broad set of rules that are in practice regarding family matters, such as marriage, divorce, inheritance etc. There are some legally enforceable rights and duties that arise when one gives legal validation to the status of interpersonal relationships. The justification for having laws that affect the most private aspects of our life is to ensure protection of individual rights and to uphold certain norms that are essential to human dignity. Another reason is that laws act as agents of social change and may succeed in improving the status of individuals in society.
 
Roles of Family Lawyers
Family Lawyers provide a variety of services including:
 
Hindu Law
A Hindu marriage is treated as a sacrament and not a contract. For a Hindu marriage to have legal validity, it must mandatorily be registered under the Hindu Marriage Act. There are some other conditions that must be fulfilled for a Hindu marriage for being legally valid. If a marriage is not legally valid, or contravenes certain grave aspects of the law which are specified in the Act, the marriage is automatically null and void and annulment can be granted to it. There are also some marriages that are voidable at the option of either party to the marriage.
 
Laws Governing Matrimonial Disputes
The disputes that take place between the married couple, relating to issues that arise out of the practices and customs of marriage, are known as matrimonial disputes. These issues include withdrawal from the other’s society without reasonable cause, mental illness at the time of marriage, desertion of the spouse for a continuous period of 2 years etc., which result in different remedies, such as restitution of conjugal rights, annulment or divorce.
 
Laws of Inheritance
The laws of inheritance are diverse and complicated. The rules of distribution of property in case a person dies without making a will are defined by every Law of succession. These rules provide for a class of persons and percentage of property that will be inherited by such persons. It must be remembered that it is preferable that one should make a will to ensure that one’s actual intension is manifested.
 
Wills
A will or testament is a legal declaration expressing the wishes of a person, containing the names of one or more persons who are to manage his estate and provide for the transfer of his property after his death. The person who prepares such a will is known as the testator.
 
Hindu Law of Succession
The Law of succession determines the manner of distribution of a deceased person’s property, in the event that there is no Will or equivalent document that declares the intent of the owner of the said property.
 
Dissolution of Muslim Marriages
A Muslim husband may divorce his wife by ending the marriage without giving any reason. He can pronounce the words ’talaaq’ three times which signify his intention to disown his wife. But he may also divorce by Ila, and Zihar which differ from talaaq only in form, not in substance.
 
Special Marriage Act 
Although marriage is seen as a deeply religious and ceremonious affair by many, some prefer to get married in a way that is not governed by the religion-based laws. This is especially the case with inter-caste or inter-religious marriages as it is more convenient to retain one’s religion and marry legally than convert for the sake of a legally valid marriage under the religion-based acts. Under the Special Marriage Act, marriage is treated as a civil contract
 
Dowry Prohibition Law
Dowry is a social malaise plaguing Indian society. In 2001 alone, there were seven thousand deaths of young women that were linked to their husbands or to members of his family. Experts on domestic violence have claimed that the actual number may even be higher. Such homicides have been tied to resentment over a dowry that is considered too stingy. In other cases, the husband’s family demands more goods after the wedding.

Domestic Violence Law
 Countless women face abuse and cruelty at home at the hands of their spouses, physically, mentally and economically. Till the year 2005, remedies available to a victim of domestic violence in the civil courts (divorce) and criminal courts (in case of adultery) were limited. There were many shortcomings with the remedies that then existed:
 
Adoption and Guardianship
When a couple or a parent adopts a child, they are undertaking to provide for it as they would their biological child. In a practical sense, this includes feeding and educating them, being responsible for them and being their legal guardian. Thus, there are laws that attempt to ensure that the child is secure, and is in good hands.
 
Natural Guardians
A “Natural guardian” forms one of the categories which make up the definition of a major. The natural guardians of a child are his father and mother. However, there are a few nuances to this as well.