K.c Tyagi & Associates
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With K.c Tyagi & Associates, your case is our priority. Our partners and associates are committed to excellence, and have been successfully representing our clients since 2000. Take a look at our site to find out more.
Our Legal Practices
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Divorce Counseling and Legal Advice – Delhi
Divorce is a complicated, complex, and often an extreme step to problems that might be solved through mediation and counseling. The truth is even when we seem to be listening, in an emotionally charged scenario, we may be preparing to find a disconnected link and fight back with arguments.
At times, the counseling and mediation process act as a deterrent to help resolve the minor conflicts, understand the differences and save the precious relationship. It may seem divorce is the only option as the possibility of reconciliation may be out of question. Still, the mediation process makes the divorce proceeding less painful. In other words, a mediator saves time, cost, and avoid public humiliation.
Divorce and Children
Child Custody & Support Issues in a Divorce Proceeding
In a divorce case, the child custody and visitation rights are one of the key issues that need to be addressed. You may need to make decisions as to how your child will be raised and whether your child will live primarily with you, or joint custody.
There are different child custody options such as Physical Custody, Legal Custody, Sole Custody, Joint or Shared Custody and Joint Custody Arrangements.
No matter what, our expert child custody lawyers puts up a strong defense and fight for the financial aid to the child’s future and get custody of the child keeping the child’s best interests.
Issues concerning child custody and visitation rights can resolve through informal settlement negotiations or out-of-court alternative dispute resolution proceedings like mediation
Divorce and Finance
A fair financial settlement is possible only when the divorcing spouses are open and transparent with one another. Disclose all the financial records, assets and documents could enable for a smooth settlement.
Our divorce specialists along with financial planners assess your situation, estimate financial needs and plan the settlement amount to effectively save from taxes.
We make aware potential tax consequences and advice whether you should take monthly alimony or a lump sum. In some cases, whether you should keep the house or sell it. We provide sound and practical advice that helps your situation.
Our expert divorce lawyers work along with financial planners to plan and carefully prepare documents, assess financial records and advice on a divorce settlement that protects comfortable living style.
Divorce Settlement
The divorce settlement is the most painful part of a divorce procedure as spouses are bound to have many concerns and issues in agreeing to the financial settlements in the context of the Divorce process. We counsel the divorcing client to try to take the emotion out of the divorce process and focus on making an arrangement that takes care of the future.
Thus, a divorce settlement is an understanding between the spouses as to how the financial or business proceedings will be shared. Draft final legal agreement that documents the terms of the divorce and settlement conditions.
Divorce And Business
Protect Your Business in a Divorce
During divorce proceedings, determination of business assets are important, but many times an exact estimate of spouse’s business is overlooked by the other. Usually, Divorce and Business do not go hand in hand. As a result, business income or assets remain hidden during divorce procedure. When a divorcing couple jointly owns a family business, divorce can cause severe financial implications for each spouse and the company.
An exhaustive evaluation is done to help the client discover the true value of all properties including land, business, fixed deposits & shares to present to the family courts. A secured equal share is given to you in all properties acquired by your spouse. To ensure that no asset goes amiss everything is well-documented for an ideal settlement of all business assets.
We guide you to protect your business whether it is an individual property or marital property. When the divorcing spouses operate a business together through partnership, shareholder, and operating agreements, then our business experts vet through such agreements and evaluate if proper provisions are included in the case of a divorce.
Minimize the stress and cost associated with divorce by availing expert advice, guidance, and support at an early stage of the divorce process.
Domestic Violence
Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and other abusive behavior committed by one spouse against another.
Domestic Violence may include physical violence, sexual violence, psychological violence, and emotional abuse. Domestic violence is a pandemic accompanied by emotionally abusive and controlling behavior and can result in physical injury, psychological trauma, and in severe cases, even death.
If you are experiencing violence or have been threatened with violence by your partner, our expert team of lawyers, at K.C. Tyagi & Associates, will advise you of the legal options available to you.
Injunction proceedings can be issued quickly, depending on the circumstances of your case, to provide you with the protection of the court. There may be difference forms of abuses such as physical abuse, sexual abuse, verbal and emotional abuse, economic abuse and domestic/live-in relationship abuse.
It may be that proceedings will be instituted by the police, including harassment proceedings, which will save you a great deal of time and cost. In cases where the victim of abuse is financially dependent on the abusing party, we can advise you of the law and your rights.
Even in this era, domestic violence is faced by most women. They are mistreated and constantly harassed either for dowry or by their family; such instances are very rarely reported even when they are denied basic fundamental rights given by our constitution.
We handle these cases with utmost care and caution in the client’s best interest as our main priority by applying our top lawyers to ensure that women got the Right to Reside in their homes with dignity.
Divorce and Pensions
A pension plan is a tax-deferred savings plan. Typically, during years of employment, monetary contributions are made by the employee and on behalf of the employee by the employer to a retirement plan. The contributions and the earnings generated gain over time, tax-free, until retirement. Upon retirement, the employee will receive a specific monthly income for life or a lump sum payment.
Court Marriage In Delhi
What is a court marriage?
Unlike a regularly solemnized marriage, Court Marriage is an economical and hassle-free alternative that lets couples from different nationalities, religions, and castes solemnize and register their union through a simple procedure that is carried out in the presence of a marriage registrar and 3 witnesses. our expert team of lawyers will help you in every step of proceedings and give you the best legal advice for process of court marriage in Delhi
Who needs a court marriage?
Individuals looking to tie a knot under the Special Marriage Act can opt for court marriages to legalize their marriage in an economical and hassle-free manner. we provide expert service for our clients for court marriage in Delhi.
Conditions for Court Marriage
Under Section 4 of The Special Marriage Act, the following rules are listed for court marriages in India:
1. The parties must meet the necessary conditions as listed in the act before signing the Civil Marriage Contract.
2. Neither of the parties should already be in a marriage while applying for the court marriage. If the previous spouse is deceased or divorced, then the court marriage can be obtained.
3. The parties entering the court marriage procedure must be doing so at their own free will i.e. there should be no pressure made on them for doing the same and neither of the parties should be of an unsound mind while entering into the procedure of court marriage.
4. Court marriage can only take place if both the bride and groom are of age as legally accepted in India i.e. for the bride it should be 18 years and above and for the groom it should be 21 years and above.
5. The parties to the marriage should not fall within the degree of prohibited relationship.
DOCUMENTS REQUIRED FOR COURT MARRIAGE
Separate affidavits from bride and groom stating:
Date of birth
Present marital status: unmarried/widower/ divorcee
- Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
- 4 Passport size photographs each of bride and groom
- Residential Proof of both bride and groom
- Proof of Date of Birth of both bride and groom
- Notice of Intended Marriage duly signed by both bride and groom
- Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
- Requirements from the three Witnesses individually for Court Marriage
- One passport size photograph of each witness
- Photocopy of PAN card of each witness
- Photocopy of Identity Document of each witness
Contact us for Court Marriage in Delhi. our expert team of lawyers will help you in every step of proceedings and give you the best legal advice for court marriage in Delhi.
Arya Samaj Marriage In Delhi
Arya Samaj marriages are very simple to execute and the rituals are straight. Couples from different religions who fall under the broad umbrella of Hindus in India can perform Arya Samaj. This is a choice and wiling preference for couples where one person belongs to Buddhism, Jainism or Sikh religion. The ceremony performs adhering to the Vedic rituals in an Arya Samaj temple. According to the Vedic principles, the hymns spelt during the ceremony are explained to the bride and groom. Arya Samaj marriage is just like Hindu marriage, where the marriage takes place around the fire. Also, it is legally recognised. In fact, there is the Arya Samaj Marriage Validation Act of 1937 provided under the Hindu Marriage Act, 1955.
Who are eligible for an Arya Samaj marriage?
1.The groom’s minimum age has to be 21 whereas the bride should have 18.
2.Any person who is a Hindu, Buddhist, Jain, Sikh can perform Arya Samaj Marriage.
3.Any person who is not a Muslim, Christian, Parsis or Jews can also perform this type of wedding style.
4.Inter-Caste Marriages and Inter-Religious Marriages are eligible in an Arya Samaj Marriage. But none of the marrying persons should be a Muslim, Christian, Parsis or Jews.
5.If a non-Hindu couple would like to perform the marriage, the Samaj allows them to convert through a process called Shuddhi. Muslims, Christians, Parsis or Jews, if, out of their free will and consent are ready to convert and embrace Hindu Religion, the Arya Samaj Mandir perform a ritual called Shuddhi. Shuddhi means purification for such conversion, and thereafter, such a convert can perform Arya Samaj Marriage.
Six-step procedure for Arya Samaj registration
1.Make an appointment at the sub-divisional magistrate’s office. It takes at least a fortnight. So it’s advisable to start this procedure before the marriage takes place. 2.Fill the registration form. 3.Submit all the proofs and documents needed.
4.Two passport size photographs of the bride and the groom along with a photograph of the marriage. Bring the marriage invitation card (optional). 5.Two witnesses who have to be physically present to sign. 6.Attestation of gazetted officer is mandatory.
Consequently, after fulfilling all the formalities, the magistrate’s office will grant the marriage certificate, which is legally recognised by the court.
Documents required
1.4 copies of coloured photographs of both the bride and the groom.
2.Proofs for the DOB and proofs for address by both the parties.
3.The bride and the groom should have reached the eligibility.
4.Two witnesses are acceptable to witness the wedding.
5.In case if one of the spouse is a widow, then the widow has to submit the death certificate of the dead spouse.
6.If one of the spouse is a foreign citizen or holding a foreign passport or is having foreign residential address, then the spouse requires the Certificate of present marital status of the party/ NOC from the concerned Embassy and Valid VISA.
Apply online for marriage registration in delhi
Users can apply online for marriage registration in Delhi
Visit : https://edistrict.delhigovt.nic.in/in/en/Account/Login.html
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