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Family law

Family law is a practice area concerned with legal issues involving family relationships, such as adoption, divorce, and child custody, Family Lawyers at SAINI LAW FIRM typically handle divorce, child custody, child support, and other related legal matters. Our family lawyers specialize in adoption, paternity, emancipation, or other matters. States have the right to determine "reasonable formal requirements" for marriage, including age and legal capacity. Likewise, state laws govern the various rules and procedures for divorce and other family law matters. Reasons to Hire a Family Lawyers from SAINI LAW FIRM.

Mutual Consent Divorce
Contested Divorce
Divorce Petition Drafting
NRI Divorce Legal Support Service
Judicial Separation
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.

Domestic Violence

Protection of Women from Domestic Violence Act, 2005, popularly called as Domestic Violence Law or DV provides variety of rights to women victim of Domestic Violence. Such rights include claim of monetary relief, rights to residence, compensation for domestic violence, protection order, and child custody amongst other reliefs. Domestic violence Act has come into force with objective of expeditious disposal of the claim of women who are victim of domestic violence. Domestic violence complaint is filed in the Court of Magistrate who is empowered to pass exparte orders. Domestic violence has come in to force with objective of providing economic justice and independence to women victim of domestic violence.

Domestic violence law specifically provides the right to residence. Right to residence includes in living in the shared house hold irrespective of fact whether wife has right, title or interest over the property/residence. This specific provision is inserted in Domestic Violence law to arrest the menace of abandoning the woman and children, if any, without roof and shelter in case of matrimonial disputes. DV Act also provides for alternate accommodation. Hence, law cast a mandate on the husband to provide residence to the wife. Such residence can be shared house hold where husband and wife lived together and made such house as their matrimonial house. Alternatively, law mandates husband to provide alternate residence comparable to the one previously enjoyed by the wife while living together.

Dowry Case

498A-ALLIED-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 IPCis 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 criminal proceedings.

Dowry is a social evil in the society that has caused unimaginable tortures and crimes towards women. In India, the payment of a dowry was prohibited in 1961under Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code were enacted to make it easier for the wife to seek redress from potential harassment by the husband's family. Dowry laws have come under criticism as they have been misused by women and their families.

IPC SECTION 406

This section, for offences related to Criminal Breach of Trust, is usually applied in investigation of straphang recovery from the husband and his family .Offences under this section are bail able and cognizable. Section 406.

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