Matrimonial disputes involve sensitive and emotionally complex legal issues. At Eminence Law Firm, we offer compassionate yet strategic legal representation to help you navigate the challenges of marriage breakdown, custody battles, maintenance claims, and domestic abuse. Our lawyers specialize in handling every aspect of matrimonial law under various personal laws applicable in India, ensuring your rights and dignity are protected at every step.
✅ Mutual Consent Divorce
- Governing Laws:
- Section 13B of Hindu Marriage Act, 1955
- Section 28 of Special Marriage Act, 1954
- Essentials:
- Both spouses must agree to dissolve the marriage.
- Mandatory six-month cooling-off period (can be waived under certain conditions).
- Two motions are filed in court — one at the beginning, and another after the waiting period.
- Divorce decree is passed if all conditions are met.
- Common Scenarios: Property settlement, child custody agreement, and joint parenting terms.
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✅ Contested Divorce
- Governing Laws:
- Section 13 of the Hindu Marriage Act
- Section 27 of Special Marriage Act
- Section 10 of the Indian Divorce Act (for Christians)
- Grounds for Divorce:
- Mental or physical cruelty
- Adultery
- Desertion (2+ years)
- Impotency or unsoundness of mind
- Conversion to another religion
- Renunciation of the world
- Presumed death of spouse (7+ years missing)
- Strategy:
- For petitioners, we ensure a solid case supported by documents and witness testimonies.
- For respondents, we provide strong defense to contest false allegations or seek reconciliation.
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✅ Judicial Separation
- Governing Laws:
- Section 10 of the Hindu Marriage Act
- Section 23 of the Special Marriage Act
- Purpose:
- Allows couples to live separately without dissolving the marriage.
- Often a step before filing for divorce.
- Can include custody, maintenance, and restraining orders.
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✅ Annulment of Marriage
- Governing Laws:
- Sections 11 and 12 of the Hindu Marriage Act
- Section 24 of the Special Marriage Act
- Void Marriages (Invalid from the beginning):
- Bigamy
- Marrying within prohibited relationships
- Lack of legal age or consent
- Voidable Marriages:
- Impotency, fraud, mental illness, or coercion
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Maintenance, Alimony & Financial Rights
✅ Section 125 CrPC – Maintenance for Wife, Children & Parents
- Who Can Claim:
- Wife (even divorced), minor children (legitimate or illegitimate), elderly parents
- Court Factors:
- Income, employment status, lifestyle, health of both parties
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✅ Hindu Marriage Act – Sections 24 & 25
- Section 24: Interim maintenance during litigation
- Section 25: Permanent alimony and lump-sum settlement
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Child Custody & Visitation Rights
- Laws Involved:
- Hindu Minority and Guardianship Act, 1956
- Guardians and Wards Act, 1890
- Custody Types:
- Sole, Joint, Legal, Physical
- Temporary or Permanent
- Key Focus:
- Child's welfare is paramount
- Court may allow visitation rights, supervised visitation, or shared parenting
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Domestic Violence & Women Protection
- Governing Law: Protection of Women from Domestic Violence Act, 2005
- Legal Remedies:
- Protection Orders
- Residence Orders
- Monetary Reliefs
- Custody Orders
- Compensation
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Dowry, Cruelty & 498A Defense
- Key Provisions:
- Section 498A IPC (cruelty by husband or relatives)
- Dowry Prohibition Act, 1961
- Legal Strategy:
- For victims: Assistance in FIR, protection orders, evidence building
- For falsely accused: Filing anticipatory bail, proving malicious intent
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NRI & Foreign Divorce Cases
- Challenges:
- Jurisdiction issues
- Recognition of foreign divorce decree
- Overseas maintenance enforcement
- Child abduction & custody battles
- Court Recognition: Under Section 13 CPC, a foreign decree must be on valid grounds recognized by Indian law.
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Adoption & Matrimonial Implications
- Applicable Laws:
- Hindu Adoption and Maintenance Act, 1956
- Juvenile Justice Act, 2015
- Legal Coverage:
- Custody after remarriage
- Rights of adopted child in maintenance and inheritance
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Why Choose Eminence Law Firm?
- Decade-long experience in matrimonial disputes
- Customized legal strategy for each client
- Full confidentiality & emotional support
- Fast-tracking mutual divorce and strong contested divorce litigation
- Special focus on women’s rights, domestic violence, and child custody
Facing a Matrimonial Issue? Let’s Talk.
Whether you're considering divorce, fighting a custody battle, or seeking protection from abuse — Eminence Law Firm is here for you. Contact us today for a confidential consultation with one of our experienced matrimonial lawyers.
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📍 Based in Chandigarh | Serving Clients Pan India