Friday, October 23, 2020

Family Law

Family conflicts like Divorce and Separation issues, Couple Relationship Issues, Issues related to maintenance of wife, Parents and Child are usually seen in society.

Resolution of Family conflicts by way Mediation without involving legal procedure of the Court of Law can be used to resolve many types of dispute, provided that the nature of the Dispute is within the boundaries of the law.

The term Mediation refers to a formal process to decide the Family conflicts in safe, confidential and neutral space to work through differences and arrive at a solution they can both agree to.

The usual alternatives to court include negotiation, mediation and arbitration. Negotiation is a bargaining process in which the people involved in a legal dispute, the parties, try to find ways they can each compromise and settle their differences. But it is not necessary that every conflict can be resolve by table meeting between the parties.

Divorce is the result of tough Family conflict. The basic grounds of divorce under Hindu Marriage Act are Adultery, Desertion, Conversion, Leprosy, Cruelty etc.  The Hindu married women can also apply for the maintenance under section 125 of the Criminal procedure code. Divorce is defined under Section 13 of Hindu Marriage Act. wherein it is provided that on the petition presented by either husband or wife, the marriage may be dissolve by decree of Divorce on the specific ground provided under Law.

It is very important to know that a petition of divorce can’t be filed within one year of marriage. If there is any unavoidable disputes arises within the year, a petition may be filed for declaring the marriage Null and Void.

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