Expert & Best Divorce Lawyers in Bangalore | Prashastha Legal
Your Legal Clarity, Our Commitment- At Prashastha Legal, we’re a team of experienced advocates specializing in divorce and matrimonial disputes in Bangalore.
- Our team is led by Advocate Nagaraj Ravikumar with over 5 years of courtroom expertise.
- We provide legal assistance / representation for all types of divorce, including mutual consent and contested divorce.
- We also handle matters related to child custody and guardianship.
Consult us today for expert assistance in divorce and matrimonial issues.
Your Legal Expert in Family Law
- With years of experience in handling divorces, custody cases, and matters related to domestic violence and dowry harassment, we offer deep expertise in navigating such litigations.
- Our primary goal is to resolve cases swiftly and minimize delays, ensuring a smooth and efficient process for our clients.
- We have successfully assisted clients in negotiating complex matrimonial disputes, including child custody, maintenance, and alimony issues.
- Additionally, we have filed numerous mutual consent petitions, contested divorce petitions, and regularly represent clients from diverse religious backgrounds with professionalism and dedication.
Your Trusted Ally in Bangalore
At Prashastha Legal, our mission is to draw from years of experience in handling divorces, custody cases, and matters related to domestic violence and dowry harassment in Bangalore. We offer expertise in navigating such litigations. Our primary goal is to resolve cases swiftly and minimize delays, ensuring a smooth and efficient process for our clients. We have successfully assisted clients in resolving complex matrimonial disputes, including child custody, maintenance and alimony issues. We regularly represent clients from diverse religious backgrounds with in numerous mutual consent petitions, contested divorce petitions before courts in Bangalore.
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Our Expertise: Complete Family Law Guidance in Bangalore
Prashastha Legal covers all your family law needs with a tailored approach. As lawyers for mutual consent divorce and contested cases, we are here for you every step of the way. Here’s what Our Expertise in Divorce Law includes.
Divorce or Dissolution of Marriage
Divorce or dissolution of marriage is governed by various personal laws in India.
- The Hindu Marriage Act, 1955, governs marriage and divorce between Hindus, Buddhists, Jaina, and Sikhs.
- The Special Marriage Act, 1954, provides for a special form of marriage in certain cases, such as inter-faith marriages, and for the registration of such and certain other marriages.
- The Divorce Act, 1896, deals with the dissolution of marriage between Christian couples.
- The Parsi Marriage and Divorce Act, 1936, governs marriage and divorce among Parsis.
- Muslim Personal Law (Shariat) governs inter alia aspects of marriage and dissolution between Muslims.
Divorce Cases: Mutual and Contested
Divorce involves various aspects, including the division of property, maintenance, child custody, and visitation rights. Divorce proceedings usually take either of the following courses.
- Mutual Consent Divorce: In this case, both parties (spouses) mutually consent to the divorce and arrive at an agreement on terms, guided by our experts at Prashastha Legal. This is a comparatively faster process. In such cases, the parties jointly file a petition before the jurisdictional court.
- Contested Divorce: In this case, one spouse moves the court seeking divorce. However, unlike mutual consent divorce, the other spouse disagrees with the dissolution and/or its proposed terms, leading to contested legal proceedings.
Child Custody and Visitation
In divorce cases involving children, arrangements for custody and visitation are negotiated between the parties, keeping the child’s welfare as paramount.
- Custody Arrangements: Terms are negotiated between parties (parents), prioritizing our clients and the children’s best interest. Custody as granted by the court on hearing both parties, depends on the various facts & circumstances of each case.
- Visitation Rights: Terms are negotiated to ensure access for the non-custodial parent. This may include weekend visits, holiday schedules, and virtual contact through phone or video calls.
- Court Representation: Our legal team works to secure grant of custody and visitation rights.
Maintenance and Alimony: Ongoing Support
The laws provide for seeking financial contributions from one parent towards supporting the child’s upbringing after / and during the divorce proceedings.
- The amount of maintenance is determined by the court, in consideration of established guidelines, inter alia incomes of both parents, the child’s needs and expenses etc.
- To negotiate terms related to maintenance, child support, and alimony, it is crucial to seek legal assistance.
- Our experts at Prashastha Legal are highly experienced in these matters and will provide you with the guidance you need to ensure a fair outcome.
Mediation and Alternative Dispute Resolution
Mediation is a process where both parties consent to resolve on going legal dispute amicably through an appointed mediator.
- Divorces proceedings may be resolved through mediation or alternative dispute resolution (ADR), where a neutral third party facilitates a mutually acceptable settlement between spouses.
- It is important to seek professional legal guidance to arrive at a fair and equitable settlement.
- Our experts at Prashastha Legal are experienced in mediation and settlement negotiations, and will assist you in amicably resolving the dispute.
Appeals – Before Higher Courts
We at Prashastha Legal represent clients before the High Court of Karnataka and the Supreme Court of India, in various Writ petitions and Appeals, arising out of divorce the proceedings.
- Appeals against interim order: If a party is aggrieved by an Interim order granted by the trial court, this order may be challenged before the Higher Courts.
- Appeals against judgment: A judgment may be set-aside on various grounds. If the judgment passed by the lower court has inter alia fails to correctly appreciate the facts on records, the aggrieved party may seek relief from the jurisdictional appellate court.
Domestic Violence
Protection of Women from Domestic Violence Act, 2005, seeks to provide effective protection to the constitutional rights of women and to protect them against violence of any kind occurring within the family.
- Domestic violence cases involve abuse physical, emotional, verbal, sexual, or economic, within a domestic relationship.
- An Aggrieved person (the victim) may inter alia seek remedies such protection orders to prohibit the abusers from contacting or approaching the victim, financial support and access to shared property.
- Our experienced team of divorce lawyers are here to guide you and enforce your rights, through every step, whether you are a victim of such abuse or someone wrongfully accused.
Dowry Harassment
Dowry harassment is an offense in India, both giving and taking of Dowry is punishable under the Dowry Prohibition Act, 1961.
- This exchange can occur at, before, or after the marriage and must be in connection with the marriage itself. However, the term “dowry” does not include dower or mahr in the case of individuals to whom Muslim Personal Law (Shariat) applies.
- Section 498A of the Indian Penal Code,1860 and Sections 85 and 86 of The Bharatiya Nyaya Sanhita, 2023, deals with cruelty by husband or husband’s relatives, and includes harassment for valuables and property.
- Our divorce lawyers in Bangalore offer strategic, and results-driven advice to those affected by dowry-related abuse, whether you are a victim of such abuse or someone wrongfully accused.
Division of Joint Property in India Post Divorce:
In India, joint property acquired during marriage does not automatically get divided equally, between the spouses, after divorce.
- Such Division of property, depends various factors such as ownership, contributions, mutual agreement and the court’s intervention. The division, therefore, is not necessarily equal but proportionate to the proven investment / contributions.
- The Courts consider documentary evidence such as bank transfers, salary slips, or loan repayments receipts to determine the true extent of each party’s financial contribution.
- For informed guidance on the division of joint property, please contact our office to schedule a consultation with our legal team.
Step-by-Step Divorce Process in Bangalore
Confused about how to start with divorce lawyers in Bangalore? Here’s our simple breakdown:
Initial Consultation:
Based on your grievances, we evaluate the maintainability and legal tenability of a potential petition. We explain your rights, outline the available legal remedies, and guide you through the appropriate course of action.
Filing the Petition:
Drafting and filing the petition before the jurisdictional Family Court, stating the grounds for divorce, along with the necessary interim applications. In the case of divorce by mutual consent, the petition is jointly filed by the parties.
Court Notice:
Your spouse receives the official court summons.
Response / Reply:
Opportunity is granted to the opposing party to file a written reply and contest the grounds for divorce.
Mediation (if needed):
Options for an amicable settlement is explored, if both parties agree.
Court Hearings:
Once the case moves into the trial stage, both parties present evidence, witnesses are cross-examined.
Final Decision:
On the basis of the evidence, the court pronounces its decision, and the aggrieved party has an opportunity to approach the appellate court.
Frequently Asked Questions (FAQs) About Divorce Proceedings in Bangalore
As Divorce lawyers in Bangalore Prashastha Legal offers clear answers to guide you. Whether you need advocates for divorce in Bangalore or help with a mutual consent divorce, we’re here.
Need Help? Let’s Connect Today!
We are available to assist with your legal needs in Bangalore. Contact our Divorce Lawyers in Bangalore for any queries or consultations, and we will respond promptly. Our firm has represented a wide range of clients in divorce matters, ensuring practical and reliable solutions.
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