specialised divorce lawyer
ADV. M P SALUNKE AND SALUNKE LEGAL ASSOCIATES
( SPECIALIST DIVORCE LAWYER LAW FIRM IN INDIA )
B.S.L LLB , MASTER OF LAWS ( LL.M ) , MASTER OF DIVORCE LAWS ( GOLD MEDALIST ) ,
MASTER IN BUSINESS LAWS ( NATIONAL LAW UNIVERSITY , BANGLURU ) , DIPLOMA IN TAXATION LAWS , PG DIPLOMA IN LABOUR LAWS , PG DIPLOMA IN COOPERATIVE LAWS & ACCOUNTANCY , PG DIPLOMA IN AIR & SPACE LAWS , PG DIPLOMA IN ANTI-CORRUPTION LAWS ,
PG DIPLOMA IN INTELLECTUAL PROPERTY LAWS , DIPLOMA IN MASS MEDIA & JOURNALISM , MASTER OF ARTS IN ECONOMICS , MASTER OF ARTS IN PSYCHOLOGY , MASTER OF ARTS IN INDEOLOGY , CHARTERED ACCOUNTANT & COMPANY SECRETORY ( PURSUING)
We are Specialist Divorce Lawyer in Pune.
We undertake all kinds of litigation pertaining to the divorce. In India, there are various Laws which govern the principle of Divorce like Hindu Marriage Act-1955, Special Marriage Act-1954, Indian Divorce Act, Christian Marriage Act, etc. These laws basically deals with various aspects of divorce and most importantly laid down the grounds on which divorce can be sought by the spouses against each other. Under Indian Laws, divorce is generally divided in to two parts:
# DIVORCE :
1)Mutual Consent Divorce: In this case, Husband and Wife present the petition for divorce after reaching to the agreement and consensus. In such cases, terms and conditions for divorce are mutually decided between the husband and wife.hence said mutual consent divorce can be obtain with out esteemed legal service after completion of six months from the filing of the petition before the hon'ble court.
2) Contested Divorce: In such cases either of the spouses can file a petition for the dissolution of marriage amongst the grounds available to him/her under the law applicable to them and the petitioner (one who files the petition/case has to prove his case). On successfully proving the charges and grounds, divorce decree is granted by the Court.
# Annulment Of Marriage:
A petition for the annulment of marriage is moved on certain grounds specified in various matrimonial laws. Once a petitioner is successful in proving its case, marriage is declared null and void. Resultantly, the court considers that the marriage has not taken place at all and the tag of the 'divorcee' is not attached. Annulment of marriage is very important in the scheme of matrimonial laws as there is no point in carrying the burden of divorce in cases where marriage has been solemnized on the strength of fraud or where the marriage is solemnized despite the fact that the responding spouse was already married.
# Restitution Of Conjugal Rights:
It is another important remedy provided by law to the spouses. In cases, where one party leave the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the Court. The Court directs the defaulting spouse to join the company of the other spouse unless there is a strong reason justifying such withdrawal. This remedy is often used strategically in fighting matrimonial cases.
This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self. Maintenance can also be classified in to two parts:
1) Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting case. Quantum of such maintenance is dependant on variety of factor but most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. Court always tries to bring both the party at equal platform and footing.
2)Permanent Maintenance: It is awarded at the time when whole case is finally decided. It could be periodical or monthly depends upon the facts and circumstances of the case.
# Child Custody:
In divorce proceedings, the most complex and emotionally drenching issue is that of child custody. Children, young and at times infant have to bear the pain for no fault of theirs. Due to the extreme emotional attachment, both parents want to keep the custody of the children. In Indian set-up, such question is decided by the court of Guardian and Wards. Welfare of the children is the paramount consideration before the Court while deciding the question as to who is entitled to have the custody of children. Custody of children can be divided in to three parts:
1) Permanent Custody: After determining all issues, Court grants permanent custody of children to one of the party.
2) Interim Custody : During the pendancy of the case and otherwise, court can grant interim custody to one of the spouse. It is also possible that Court grants interim custody of children to the other parent at the times of vacations, holidays etc.
3) Visitation Rights: Every parent has inalienable right to meet and see his/her children. Even after winning the case of custody of children by one parent, other parent can not be denied the right to meet and see his/her children. In disposing of such cases, Court awards reasonable visitation right to the other parents and fix up the time and days for the meeting with his/ her children so that the emotional ties are not broken between the child and the other parent.
# Criminal Proceedings:
Presently, matrimonial cases are not confined within the realm of civil and family laws. Such cases can have criminal character too. Generally, wherever there is a cruelty exercised by the husband or his relative upon the wife in regard to the demand of dowry, a criminal case under section 498A of IPC is registered against the husband and the other relatives who were causing such cruelty or whose name is mentioned in the complaint by the wife. Along with this a case under section 406 of IPC is registered for criminal breach of trust beside other provision of IPC and Dowry Prohibitions Act.
In such cases, at the first instance, husband and his relatives have to apply for the interim protection, anticipatory bail and regular bail, etc. We provide our expertise service in this regard in defending as well as prosecuting the case. We have vast court experience in this regard. We also try to effectively negotiate and settle the matter in between the parties so that the parties can be saved from the traumatic experience of the criminal proceedings.
Domestic Violence:We take great pride in introducing ourselves as the first exclusive divorce law firm in India. The rate of divorce has increased by leaps and bounds in last five years. Divorce Laws has also been amended and new laws are enacted to meet the requirement of matrimonial issues. Supreme Court and High Courts have been consistently giving landmark decisions in Divorce cases and thus creating a new set of rules, guidelines and precedents. Conscious of these changes and developments in our social set-up, we have created a team of experts who devote their time, energy and commitment to all the developments around in order to serve the need of the clients in the best and most efficacious manner . We advise and strategise the case at the pre-litigation stage in order to avoid any kind of contradiction and pit holes in prosecuting and defending the case.