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Showing posts with the label #FamilyLawIndia

Alimony & Maintenance in India – Who Can Claim and What Courts Consider

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When a marriage faces difficulties or ends in separation, it is not just an emotional struggle but also a financial one. Many individuals, especially women, children, and elderly parents, are left wondering how they will support themselves once the relationship breaks down. This is where the concept of alimony and maintenance under Indian law becomes crucial. Maintenance is not a matter of charity; it is a legal right . The law ensures that no dependent family member, whether a spouse, child, or parent, is left without means of survival or deprived of the lifestyle they were accustomed to during the marriage. It acts as a financial safeguard, protecting vulnerable family members from destitution and imbalance of power. The legal foundation of maintenance in India comes from multiple sources. The most widely applicable provision is Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , which provides a speedy and effective remedy to wives, children, and parents who a...

Maintenance, Custody & Property in Divorce Proceedings

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 Introduction Divorce proceedings can be intricate, involving not only the dissolution of the marital bond but also complex issues like maintenance , custody , and property division . In Karnataka, as in the rest of India, the resolution of these matters requires a thorough understanding of family law and the various statutory provisions that govern them. These issues are often among the most emotionally charged and legally challenging aspects of a divorce case. Whether you’re filing for a  mutual consent divorce or involved in a contested divorce , understanding your rights and obligations related to maintenance , child custody , and property is essential for ensuring that the divorce settlement is fair and just. In this article, we’ll explore the key legal principles, provisions, and processes that govern these aspects of divorce proceedings in Karnataka. ✅ Maintenance in Divorce Proceedings Maintenance refers to the financial support one spouse may be required t...

Divorce in Karnataka: Everything You Need to Know About Legal Grounds

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Introduction: Divorce, though a deeply personal and emotionally charged decision, is increasingly being recognized as a necessary legal remedy when a marriage irretrievably breaks down. The law provides for a structured and legally sound process to dissolve a marriage, whether through mutual agreement or due to compelling reasons brought before the court. Despite this growing awareness, many individuals facing marital discord remain unaware of their legal options, rights, and the procedural differences between mutual consent divorce and contested divorce . This lack of clarity often leads to delayed decisions, emotional distress, and avoidable legal complications. Understanding the legal grounds for divorce is crucial not only for those seeking separation but also for family law practitioners, social workers, and counselors who assist couples in distress. In India, where family values are deeply rooted but evolving with time, divorce is no longer taboo; it is a recognized consti...