Experienced Family Lawyer Kolkata in Kolkata

Why You Need a Family Lawyer in Kolkata

Family law encompasses divorce, child custody, maintenance, domestic violence, and inheritance. Given the emotional stakes, having a skilled family lawyer in Kolkata makes a significant difference.

Family Law Services We Offer in Kolkata

Divorce and Separation

We handle mutual consent divorce, contested divorce, judicial separation, and restitution of conjugal rights under all personal laws.

Child Custody and Guardianship

The welfare of the child is paramount. We handle custody disputes, visitation rights, and guardianship applications.

Domestic Violence Cases

Under the Protection of Women from Domestic Violence Act, 2005, victims can seek protection orders, residence orders, and monetary relief.

Maintenance and Alimony

We assist clients in claiming or defending maintenance claims under Section 125 CrPC and various personal laws.

Inheritance and Succession

We help clients navigate succession under the Hindu Succession Act and Indian Succession Act.

Child Custody and Guardianship

Factors considered include the child’s age, health, educational needs, financial capacity of each parent, the child’s wishes, and the ability to provide a stable environment.

Why Choose Advocate Panchanand Shaw as Your Family Lawyer in Kolkata

We offer empathetic approach, comprehensive knowledge of all family law systems, mediation skills, and strong courtroom presence.

Section 125 of the Code of Criminal Procedure provides a swift remedy for wives, children, and parents who are unable to maintain themselves. The provision is secular in nature and applies to persons of all religions. The objective of Section 125 is to prevent vagrancy and destitution by compelling those who have the means to support their dependents to do so.

Who Can Claim Maintenance: A wife (including a divorced wife who has not remarried), legitimate or illegitimate minor children, adult children with physical or mental disabilities, and parents who are unable to maintain themselves can claim maintenance under Section 125.

Quantum of Maintenance: The amount of maintenance is determined based on the income of the respondent, the needs of the claimant, and the standard of living of the parties. There is no fixed formula — the court has discretion to award an amount that ensures the claimant can live with dignity.

Interim Maintenance: During the pendency of the maintenance application, the court can award interim maintenance to ensure that the claimant does not suffer hardship. The application for interim maintenance is typically decided within 60 days.

Enforcement of Maintenance Orders: If the respondent defaults on maintenance payments, the court can recover the arrears as a fine and may even sentence the defaulter to imprisonment for up to one month for each month of default.

The Hindu Succession Act, 1956 governs the inheritance of property for Hindus. The Act was amended in 2005 to grant daughters equal rights to ancestral property. This landmark amendment made daughters coparceners by birth, giving them the same rights and liabilities as sons in ancestral property.

The Supreme Court, in the case of Vineeta Sharma v. Rakesh Sharma (2020), clarified that the 2005 amendment is retrospective in nature and applies to all daughters, regardless of when they were born. This means that daughters can claim their share in ancestral property even if the father died before the amendment was passed.

In West Bengal, the amendment has led to a significant increase in property disputes as women assert their inheritance rights. As a family lawyer in Kolkata, we represent women seeking their rightful share in ancestral property and help families navigate the complexities of succession planning.

Guardianship and adoption are important aspects of family law that deal with the care and custody of children. The legal framework for guardianship is provided by the Guardians and Wards Act, 1890, while adoption for Hindus is governed by the Hindu Adoption and Maintenance Act, 1956. For inter-country adoption and adoptions by non-Hindus, the Juvenile Justice (Care and Protection of Children) Act, 2015 applies.

Natural Guardians: Under Hindu law, the father is the natural guardian of a minor child, followed by the mother. However, the Supreme Court has held that the mother is equally entitled to be the natural guardian, and the welfare of the child is the paramount consideration in custody disputes.

Testamentary Guardians: A parent can appoint a guardian for their minor children through a will. The appointed guardian has the same powers as a natural guardian but must act in the best interests of the child.

Adoption Procedure: Adoption in India is a regulated process. Prospective adoptive parents must register with the Central Adoption Resource Authority (CARA) and complete the home study process before being matched with a child.