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Free Guide to Hiring a Family Lawyer
List of the best lawyers in Bareilly, India
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India Family Legal Questions answered by Lawyers
Browse our 7 legal questions about Family in India and the lawyer answers, or ask your own questions for free.
- Do daughter have rights to apply for a parivarik suchi/family tree as a clamaint ?
- I want to make a parivarik suchi after my mother death who was is service I need to know do daughter of right to apply for family tree as a applicant in block level? In cases where father has married twice and live separately from us for last 21 years
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Lawyer answer by Papireddy Associates
YES. Absolutely, a daughter has full right to apply as the claimant and applicant for issuance of a Parivarik Suchi. Practical Procedure: Submit Application: Apply at the Tehsil/Block Office under whose jurisdiction your mother resided or worked. Attach Documents: Death...
Read full answer - What is the best way for a son to prove to law that the parent who is a senior citizen chooses to live with him as opposed to another sibling?
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - This act empowers senior citizens to choose where and with whom they live. How can I organize this legally?
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Lawyer answer by Recososa Law Firm
Hello: Under Philippine law, particularly the Expanded Senior Citizens Act of 2010 (Republic Act No. 9994) and Republic Act No. 9257, as well as the Family Code, a senior citizen retains the right to decide where and with whom he...
Read full answer - Partition of property
- Class 2 heir (Father) is not listed as a family member in the sale agreement of the property due to his absence during the registration in the past. During partition, will he be eligible to receive his share of the property jointly owned by class 1 - wife (deceased), 3... Read more →
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Lawyer answer by Remedium Reel Attorneys
If there's no Will, then survivors are to appoint 2 or 3 person's to obtain letter of administration at the Probate Registry which would give them the power to be able to administer the property in line with the wishes...
Read full answer
About Family Law in Bareilly, India
Family law in Bareilly, like elsewhere in India, encompasses a range of legal matters that pertain to familial and domestic relationships. It deals with issues related to marriage, divorce, child custody, child and spousal maintenance, adoption, inheritance, and property disputes within families. Family law in Bareilly draws on a mix of statutory laws (such as the Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act) and customary practices influenced by religious and cultural norms. Courts in Bareilly have established procedures to address such matters efficiently, often emphasizing mediation and reconciliation where possible.
Why You May Need a Lawyer
Seeking legal help in family matters is important when you are facing issues that may significantly affect your personal life, rights, and financial security. Common situations in Bareilly requiring a family lawyer include:
- Divorce or judicial separation
- Disputes concerning child custody or visitation rights
- Claims for child or spousal maintenance
- Domestic violence or protection from abuse
- Property disputes among family members
- Drafting or challenging wills and inheritance claims
- Adoption and guardianship matters
- Negotiations for marriage settlements or prenuptial agreements
Local Laws Overview
In Bareilly, family law is primarily governed by a mix of central legislation and personal laws (based on religion). Key aspects include:
- Marriage: Hindus, Muslims, Christians, and other religious groups often follow their personal laws regarding marriage. The Special Marriage Act allows for civil marriage irrespective of religion.
- Divorce: Procedures and grounds vary under Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act, and Special Marriage Act.
- Maintenance: Maintenance to wife, children, or parents can be claimed under Section 125 of the CrPC, as well as personal laws.
- Child Custody: Decided based on the welfare of the child, considering both parents' financial and emotional capacity.
- Adoption: Governed for Hindus under the Hindu Adoption and Maintenance Act; Muslims, Christians, and Parsis use the Guardians and Wards Act.
- Domestic Violence: The Protection of Women from Domestic Violence Act, 2005 offers legal remedies for victims.
- Inheritance: Succession is governed by personal laws (Hindu Succession Act, Muslim Personal Law, Indian Succession Act for others).
Frequently Asked Questions
What is the process for filing for divorce in Bareilly?
You must file a divorce petition before the appropriate family court. The process includes stating grounds for divorce, attending hearings, and presenting evidence. Mutual consent divorces are relatively quicker, whereas contested divorces may take longer.
What are the rights of a wife after divorce?
A wife may be entitled to maintenance (alimony), residence rights, and a share in jointly owned property, depending on the circumstances and relevant statutes.
How is child custody decided by courts in Bareilly?
Courts prioritize the welfare of the child, considering factors like the child’s age, parents’ financial status, and emotional bonding. Both parents' roles are weighed, but the child’s best interest prevails.
What legal help is available for victims of domestic violence?
Victims can file a complaint under The Protection of Women from Domestic Violence Act, 2005, seeking protection orders, residence orders, maintenance, and other reliefs through local courts and support cells.
Can a person adopt a child of a different religion in Bareilly?
Yes, but the legal process differs. While Hindus can adopt under the Hindu Adoption and Maintenance Act, others may seek guardianship under the Guardians and Wards Act. In either case, the court's permission is necessary.
What is the procedure for claiming maintenance in Bareilly?
A petition for maintenance can be filed before the family court or magistrate under Section 125 CrPC, or as per relevant personal laws. The court examines financial status before determining the maintenance amount.
How is property inherited in family disputes in Bareilly?
Property succession depends on religious personal law or, where applicable, the Indian Succession Act. Disputes often require court intervention, especially when a will is contested or in the absence of a will.
Is court marriage possible in Bareilly?
Yes. The Special Marriage Act allows for court marriages irrespective of religion or caste. Both parties file a notice, followed by a notice period and solemnization of marriage before a Marriage Officer.
What can I do if my spouse refuses to give me a divorce?
You can file for a contested divorce, citing valid legal grounds such as cruelty, desertion, or adultery. The court will examine your case, hear both sides, and grant divorce if justified.
How can I register a will or succession certificate in Bareilly?
A will can be registered at the local Sub-Registrar’s office. For succession without a will, you must apply for a succession certificate through the district court, which requires public notice and hearing before grant.
Additional Resources
For those needing further help in Bareilly, consider the following resources:
- Family Court, Bareilly: Handles all family-related disputes and offers guidance on legal procedures.
- District Legal Services Authority (DLSA), Bareilly: Provides free legal aid and advice for eligible persons.
- Women’s Cells and Women Helpline: Support and assistance in cases of domestic violence and related family matters.
- Bar Association, Bareilly: Directory of experienced family law advocates for consultation and representation.
- NGOs: Several NGOs in Bareilly offer counseling, mediation, and legal support on family-related issues.
Next Steps
If you need legal assistance related to family matters in Bareilly, follow these steps:
- Identify your issue and gather relevant documents (marriage certificates, ID proofs, property records, communication records, etc.).
- Consult with a qualified family law advocate in Bareilly for personalized advice.
- If eligible, approach the District Legal Services Authority for free or subsidized assistance.
- Consider mediation or counseling for amicable settlement, especially in marital disputes.
- If necessary, prepare and file the appropriate petition before the Family Court or relevant authority.
- Attend hearings and comply with any court directions; keep track of your case status with your lawyer’s help.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.