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Lawyers for Domestic Violence

We are experts in all branches of law with special expertise in Conveyance, Deemed Conveyance of Co-operative Housing Societies, Formation / Registration of Co-operate Law, Legal Consultancy on Annual Basis, Property Laws, Company Secretary Work (Corporate and Company Law), CSR Consulting, Society Accounting, Matrimonial and Divorce Law.

Ved Legal are expertise in Matrimonial Cases such as Domestic violence.
Meaning of Domestic violence (also named domestic abuse, battering, or family violence) is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. Intimate partner violence is violence by a spouse or partner in an intimate relationship against the other spouse or partner. Domestic violence can take place in heterosexual and same-sex family relationships, and can involve violence against children in the family.
Domestic violence can take a number of forms, including physical, verbal, emotional, economic, religious, and sexual abuse, which can range from subtle, coercive forms to marital rape and to violent physical abuse such as female genital mutilation and acid throwing that results in disfigurement or death. Domestic murders include stoning, bride burning, honor killings, and dowry deaths.
Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women living in a household such as sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic.[3] Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.

The salient features of the Protection from Domestic Violence Act, 2005 are as follows:

The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with them are entitled to get legal protection under the proposed Act.
“Domestic violence” includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.
The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
The draft Act provides for appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.

Advocates for Divorce in Pune

Grounds for Divorce under Special Marriage Act are as follows:

(1)Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent”
(a) has since the solemnization of the marriage committed adultery; or
(b) has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (Act XLV of 1860): or
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind for a continuous period of not less than three years immediately proceeding the presentation of the petition; or
(f) has for a period of not less than three years immediately preceding the presentation of the petition been suffering from venereal disease in a communicable form, the disease not having been contracted from the petitioner; or
(g) has been suffering from leprosy, the disease not having been contracted from the petitioner; or
(h) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or
By the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.

According to Section 13 of Hindu Marriage Act, 1955 lays down as under:
Section 13. Divorce – (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:-
i) is living in adultery; or
ii) has ceased to be a Hindu by conversion to another religion; or
iii) has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or
iv) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
v) had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or
vi) has renounced the world by entering any religious order; or
vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; or
viii) has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or
ix) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground:-
i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of the petition; or
ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.

Divorce Lawyers in Pune

Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in Matrimonial Cases such as Divorce, Maintenance, and also Domestic Violence.
Divorce laws vary from religion to religion in a country with a rich cultural diversity like India. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955. Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954. A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:
Divorce by Mutual Consent:
Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. An important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife are required to reach a consensus. One is the alimony or maintenance issues. As per Law, there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.
Contested Divorce:
As the name suggests, you will have to contest it. Indian laws, in general, recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. The aggrieved party has to take one of the above grounds for divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with the support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

Grounds of divorce under Hindu Marriage Act, 1955
(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:-

i) is living in adultery; or

ii) has ceased to be a Hindu by conversion to another religion; or

iii) has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or

iv) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or

v) had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or

vi) has renounced the world by entering any religious order; or

vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; or

viii) has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or

ix) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground:-

i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of the petition; or

ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.