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Family law
overview
Family law depends entirely on the principles of natural justice and also according to the different marriage Acts.
Maintenance
Section 125 of Cr P C deals with maintenance of legal wedded wife, legitimate and illegitimate minor children, parents (senior citizens),the physical or mental deformity of abnormal children can file a case against the male member (father, head of the family)to avail for their maintenance charges for their survival for existence.
Restitution of Conjual Rights
Section 9 deals with Restitution of Conjugal Rights which says that wife or husband has left the company of each other and living separately without any information to each other either of this spouse has left the matrimonial home without genuine reason to each other. The above said case may be filed either by wife or husband for their reunion. You can file Restitution Of Conjugal Rights if your husband has deserted or abandoned you or has stopped living with you without your consent.
Mutual consent
Section 13 B deals with Mutual Consent divorce between the spouse with their consent of mandatory period of 6 months. Section 13 B of the Hindu Marriage Act, 1955 mandates that in cases of divorce by mutual consent, there has to be a composite period of 18 months of separation – One year provided in Section 13 B (1) and 6 months in Section 13 B (2).
child custody
Section 7 deals with the Child Custody and Guardians and Wards Act,1890, the child custody is entertained to either of the spouse basing on the will and wish of the minor child, financial status, care taking specially by mother for the girl child. In respect to the demise of the parents of minor child the custody is given to the legal guardian either to their grandparents on both sides, as guardians or if no relative is found then the custody is given to the Child Welfare Department of State Governments.