Family Law & Family Lawyers in Chandigarh
Self help guide to understand and navigate through the process
Family Law & Family Lawyers in Chandigarh
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At B&B Associates LLP, we offer deep legal insight and empathetic representation in family law matters. With extensive experience in the Chandigarh legal landscape, our family law team is known for its strategic, ethical, and client-focused approach. Whether dealing with sensitive divorce proceedings, complex custody battles, or inheritance disputes, our aim is to protect our clients’ interests while facilitating legally sound resolutions.
Overview
Family law governs personal legal issues such as marriage, divorce, child custody, maintenance, property division, adoption, and succession. These are emotionally charged issues that require both legal clarity and compassionate handling. In Chandigarh, where a diverse population intersects with intricate personal laws, family disputes often necessitate specialized legal expertise for fair and lawful outcomes.
Scope of Practice: Family Law Services in Chandigarh
Our legal practice covers a wide range of issues under family law, including:
- Marriage & Registration under the Special Marriage Act or personal laws
- Divorce & Legal Separation: Filing and defending divorce petitions (contested & mutual)
- Child Custody & Visitation: Advocating for arrangements that serve the child’s best interests
- Maintenance & Alimony: Filing and modification of support claims
- Adoption & Guardianship: Domestic and inter-country adoption, custody, and guardianship proceedings
- Domestic Violence Protection: Legal recourse under the Protection of Women from Domestic Violence Act, 2005
- Succession & Inheritance: Probate, will disputes, and intestate succession
- Property Division: Fair distribution of marital property and financial settlements
Governing Family Law in India
Family matters are governed by a combination of codified statutes and personal laws:
- Marriage & Divorce: Hindu Marriage Act, Special Marriage Act, Indian Divorce Act
- Custody & Guardianship: Guardians and Wards Act, Hindu Minority and Guardianship Act
- Maintenance: Hindu Adoptions and Maintenance Act, Section 144 BNSS 2023
- Adoption: Juvenile Justice Act, Guardians and Wards Act
- Succession & Property: Hindu Succession Act, Indian Succession Act, Muslim Personal Law
Common Family Law Disputes
1. Divorce and Separation
Legal dissolution of marriage often includes disputes related to child custody, maintenance, and property.
Example: Spouses seeking divorce under mutual consent or contested terms regarding asset division.2. Custody and Visitation
Courts evaluate the child’s welfare, emotional needs, and parental capabilities.
Example: One parent contesting sole custody; the other seeking visitation rights.3. Maintenance and Alimony
Entitlements for financial support vary depending on the spouse’s income, duration of marriage, and dependents.
Example: A homemaker claiming monthly maintenance post-divorce.4. Domestic Violence
Legal protection and relief are available for victims of physical, verbal, emotional, or economic abuse.
Example: Filing protection orders or seeking residence and maintenance under the DV Act.5. Property and Succession
Inheritance disputes, contested wills, or ancestral property claims often emerge after a family member’s death.
Example: Legal heirs contesting a will’s validity or division of ancestral land.Family Law Challenges & How to Navigate Them
Divorce & Separation
Requires balancing legal rights with emotional and financial consequences. Strategic negotiations can minimize litigation.Child Custody
Prioritizing the child’s welfare while preserving parental access is key. Joint parenting models are gaining traction.Alimony & Maintenance
Requires full financial disclosures and clarity in calculating fair contributions.Property Division
Involves valuation, tracing ownership, and legal proof to ensure equitable division.Domestic Violence
Demands urgent legal intervention. Securing protection orders and ensuring client safety are top priorities.Inheritance
Prevention is ideal. Legal drafting of wills, succession plans, and clear documentation prevents future conflict.How to Choose the Right Family Lawyer in Chandigarh
- Experience with Complex Family Law Cases
- Familiarity with Chandigarh’s Courts and Legal Ecosystem
- Strong Communication and Dispute Resolution Skills
- Transparent Legal Fee Structure (Non-Contingent)
- Commitment to Ethical Practice – No Unrealistic Promises
Tip: Always consult 2–3 lawyers before proceeding. Understand their approach, fees, and strategic outlook.
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Meeting with potential lawyers to discuss the matter and understand their approach and bent of mind can bring clarity in making a well-informed decision.
It is advisable to know the consultation charges beforehand.
Generally, good lawyers are professionals who do not render free legal advice.
Consult 2-3 lawyers before dotting on your best find.
If travelling comes as a task, you may consult via phone, or email, or teleconferencing.
Many reputed law offices are equipped with remote consulting.FAQs on Family Law
What are the grounds for divorce under Hindu law?
The Hindu Marriage Act, 1955, provides several grounds for divorce, including cruelty, desertion, adultery, mental disorder, conversion to another religion, renunciation of the world, and leprosy. Mutual consent is also a ground for divorce where both parties agree to dissolve the marriage.
How is child custody determined in a divorce case?
Child custody is determined based on the best interests of the child. Courts consider factors such as the child’s age, emotional and educational needs, and the parent’s ability to provide for the child’s welfare. Custody can be awarded to either parent, or joint custody may be granted in certain cases.
What is the process for obtaining maintenance or alimony?
Maintenance or alimony can be claimed during or after divorce proceedings. The claimant must file an application before the family court, providing details of their financial situation and the respondent’s ability to pay. The court may grant interim or permanent maintenance based on factors such as the standard of living, duration of marriage, and the needs of the spouse and children.
How can I protect myself from domestic violence?
Victims of domestic violence can seek protection under the Protection of Women from Domestic Violence Act, 2005. This includes filing for protection orders, residence orders, and monetary relief. The Act also provides for the appointment of a Protection Officer and access to legal aid and counselling services.
What are the legal requirements for adoption in India?
Adoption in India is governed by different laws based on the religion of the adoptive parents. Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu can adopt a child if they meet certain conditions, such as the ability to provide for the child’s welfare. Adoption by non-Hindus is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, which requires the adoption to be approved by a competent court.
How can I contest a will in India?
To contest a will, one must file a petition before the appropriate civil court challenging the validity of the will. Grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, or improper execution of the will. The court will examine evidence and may invalidate the will if any of these grounds are proven.
What is the procedure for partition of ancestral property?
The partition of ancestral property can be initiated by filing a suit for partition before the civil court. The court may appoint a commissioner to divide the property according to the shares of the co-owners. If the property cannot be physically divided, the court may order its sale and distribute the proceeds among the co-owners.
Can maintenance orders be modified after they are issued?
Yes, maintenance orders can be modified if there is a significant change in circumstances, such as a change in the financial situation of either party or the remarriage of the spouse receiving maintenance. A petition for modification must be filed before the family court, which will consider the evidence and decide accordingly.
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Vineeta Sharma Vs. Rakesh Sharma & Ors.
Supreme Court of India Year : 2020
Sanjivani Ramchandra Kondalkar vs Ramchandra Bhimrao Kondalkar…
Bombay High Court Year : 2019
Priya Prabhakaran & Anr. Vs D Santhosh Kumar & Ors.
Supreme Court of India Year : 2019
Munish Kakkar Vs. Nidhi Kakkar
Supreme Court of India Year : 2019
M. Narasimha Reddy and Ors. vs M. Boosamma
Andhra High Court Year : 1975
Manisha Tyagi vs. Capt. Deepak Kumar
Supreme Court of India Year : 2010
Baby Manji Yamada vs. Union of India & ANR
Supreme Court of India Year : 2008
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