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Kolkata, India Attorneys in related practice areas.
Browse our 7 legal questions about Family in India and the lawyer answers, or ask your own questions for free.
Family law in Kolkata, India governs various aspects related to family matters including marriage, divorce, child custody, adoption, inheritance, and property disputes. These laws are designed to protect the rights and interests of all family members and provide legal recourse in case of any disputes or conflicts.
There are several situations where seeking legal help in family matters can be beneficial:
Family law in Kolkata, India is primarily governed by the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, the Guardians and Wards Act, 1890, and various personal laws applicable to different religious communities.
Under the Hindu Marriage Act, both parties must be Hindus, Buddhists, Jains, or Sikhs to marry under this Act. The Special Marriage Act allows people from different religions or religiously unaffiliated individuals to solemnize their marriage.
The Guardians and Wards Act regulates matters related to the custody of minors and appointment of guardians. Personal laws, such as Muslim Personal Law, Christian Personal Law, and Parsi Marriage and Divorce Act, govern marriage, divorce, and other family matters for individuals belonging to these respective religious communities.
Yes, you can file for divorce in Kolkata if you or your spouse is residing in Kolkata or if both parties agree to it.
The court considers the best interests of the child while deciding child custody matters in Kolkata. Factors such as the child's age, welfare, and their relationship with each parent are taken into consideration.
To adopt a child in Kolkata, you need to approach a recognized adoption agency or consult an adoption lawyer. The process involves completing necessary paperwork, background checks, home visits, and approval from the adoption agency and court.
Under the Hindu Marriage Act, grounds for divorce in Kolkata include cruelty, adultery, desertion, conversion to another religion, mental illness, and incurable diseases. Similar grounds exist under other personal laws applicable to different religious communities.
If you have property disputes within your family, mediation and negotiation are often encouraged as initial steps to reach a settlement. If a resolution cannot be achieved amicably, you may need to approach the court to seek a legal remedy.
Here are some resources, governmental bodies, and organizations related to family matters in Kolkata, India:
If you require legal assistance in family matters, here are the steps you can take:
