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Almost all lawyers hope to help their clients , yet only few do so with the emotional, personal impact of family cases by analyzing the vitality and consequences of Rule of Law and Justice in life of a common man . After all, the things often at stake in family law cases—like justice for an abused spouse undergoing domestic violence, dowry harassment or a child’s welfare and maintenance—have a gravitas many other areas of the law can't match. Of course, as the family law is about much more than those heavier and very sensitive topics to handle. Hence our advocate Mr.J.N.Naresh kumar, plays a vital role of being as a guide in helping the common people navigate some of the more poignant periods of their lives, using extraordinary empathy and vast legal expertise. His main practice areas are Family, Accident and Insurance Claims, Civil, Criminal, Banking, Employment etc.,

FAMILY LAW

• Adoption
  
• Child custody
  
• Guardianship
  
• Dowry harassment u/s.498A IPC
  
• Visitation rights
  
• Restitution of conjugal rights
  
• Divorce & separation under Hindu/Muslim/Christian marriage
  
• Mutual Divorce
  
• Null & Void marriage
  
• Maintenance & Interim Maintenance
  
• Return of articles
  
• Domestic Violence
  
• Family
  
• Muslim law
  
• Christian law
  
• Child marriage
  
• Family Case Transfer to one court to other court
• Maintenance and Welfare of Parents and Senior Citizen Act

CIVIL LAW

• Caveat Petition
  
• Civil Suit
  
• Motor Vehicle Accident cases
  
• Rent Control Act (LandLord and Tenant)
  
• Partition Suit
  
• Null & Void
  
• Power of Attorney
  
• Property
  
• Real Estate
  
• Registration
  
• Will
  
• Agreement
  
• Consumer case
  
• Arbitration & conciliation

BUSINESS LAW

• Arbitration and Mediation
• Consumer Protection
• Contracts and Agreements, Licensing
• Corporate and Incorporation
• Licensing
• Media, Communication, Entertainment
• Mergers and Acquisition
• Outsourcing Agreement
• Partnership

EMPLOYMENT LAW

• Administrative law
  
• Employment and Labour
  
• Industrial law
  
• Maternity
  
• Sexual harassment at workplace
  

BANKING

• Banking
• Bankruptcy & debt
• Cheque bounce
• Debt collection
• Finance market and services
  

CRIMINAL LAW

• Bail
  
• Anticipatory Bail
  
• FIR Direction
  
• FIR Quash
  
• Police Protection
  
• Cheque Bounce Case
  
• FIR Transfer
  
• Juvenile Offense
  
• Police Harassment
  
• POCSO Act
  
• Lottery Act
  
• Prohibition Case
  
• Cyber Crime
  
• Return of Property
  
• NDPS Act
  
• Goondas Act
  

OTHER LAWS

• Right to Information Act
  
• Police Complaint
  
• Legal Notice
  
• Rental Agreement
  
• Lease Agreement
  
• Marriage Registration(all religion)
  
• Trust Registration
  
• Writ Petition
  

FAMILY LAW

Judicial Separation – Section 10 of the Hindu Marriage Act, 1955.

Grounds

1. Adultery: Extra-marital voluntary sexual intercourse. In order to establish

extra-marital, one has to depend on ancillary facts which may be:-

circumstantial evidence, birth of a child to the wife when there is no evidence of contact with her, contracting of a venereal disease, admission on the part of the respondent, discovery of letters which might contain such contents which suggest sexual relationship between the two.

2. Cruelty: There is mental as well as physical cruelty. To establish legal cruelty, it is not necessary that physical violence should be used. Continuous ill-treatment, cessation of marital intercourse, verbal abuse and insult, refusal to speak, ill-treatment of children, refusal to have children, etc.,

3. Desertion: Desertion is the act of forsaking or abandoning or the act of quitting without leave with an intention not to return. Desertion has been defined in the Indian Divorce Act as “implying an abandonment against the wish of the person changing it”.

4. Conversion: Ceasing to be a Hindu by conversion on the part of the either party to the marriage, forms a ground for a decree of judicial separation.

5. Unsoundness of Mind: The petitioner has to establish that the respondent has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot be expected to live with the respondent.

6. Leprosy: If either of the party has been suffering from venereal disease in communicable form, then the other party can present a petition for decree of judicial separation. The leprosy which is maligned or venomous can be termed as virulent. Lepromatous leprosy is virulent and incurable.

7. Venereal Disease: It requires to establish for judicial separation that the respondent has been suffering from venereal disease in a communicable form.

8. Renunciation of the world: The renunciation implies a religious order which operates as a civil death and, therefore, the other party has been given right to obtain a decree of judicial separation or divorce.

9. Presumption of death: That the other party has not been heard of as alive for a period of seven years or more by those persons who would naturally have heard of him, had that party been alive.

Additional Grounds:-

10. Bigamy: Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment and fine.

11. Rape or sodomy or bestiality: The husband has, since the solemnization of the marriage, been guilty of rape or sodomy or bestiality.

12. In maintenance case: Either in a suit under Section 18 of the Hindu Adoption and Maintenance Act, 1956, or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, a decree or order has been passed against the husband awarding maintenance to wife and that since the passing of such decree or order cohabitation between the parties had not been resumed for one year or upwards.

13. In child marriage case: That, her marriage was solemnized before she attained the age of 15 years, and she has repudiated the marriage after attaining that age but before attaining the age of 18 years.

Divorce by mutual consent

Since Divorce is the last remedy available to put an end to the marital tie, the parties can decide to separate amicably, divorce petition may be submitted by any one of the spouses to the District Court on any one of the grounds given in Section 13 of the Act to take divorce on mutual consent. Divorce by mutual consent was not incorporated in the original Act of 1955. It has been inserted in the Section 13-B by the Hindu Marriage (Amendment) Act, 1976.

1.parties living separately for a period of one year or more

2.not able to live together

3.mutual agreement in dissolving the marriage

4.consent of the parties has been obtained

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