Family Law

Chhattisgarh High Court: A family law practice can involve work with varying groups from children to the elderly and any others in between. Family law often comprises an elective module in the final year of a student’s LLB degree at the degree level. Modules can vary by university and may include a sociological look at how society views the family and a specific focus on the law’s practical application.

Most modules will feature some core topics (such as marriage, divorce and children) and others that will be more specifically linked to the professors’ areas of expertise. Divorce, dissolution, and financial separation are examples; children, parentage, domicile, contact, and parental duty are others. Adoption, surrogacy, child abduction, and even abuse/neglect are examples of this. Clients who belong to Chhattisgarh or nearby may hire them to represent them in thecg high court if they have a family dispute.

• Socio-legal Family Law: a broader examination of what society considers a family and whether the law has appropriately addressed modern societal viewpoints. The law of parenthood in the setting of growth in same-sex partnerships is one example.

• The State and Family Law: This includes the role of government agencies and municipal governments in child care and safety.

Who is a Family Lawyer?

Chhattisgarh High Court: Individuals who opt for a career as Family Lawyers deal with legal issues between family members. Divorce, adoption, guardianship, and emancipation are some of those cases in which they work. They are in charge of family estates, mediation sessions, and legal advice. The candidate should be an outstanding communicator with strong negotiation and debating abilities to succeed in this role. They should have a law license and the ability to handle several clients effectively. OA lawyer can check chhattisgarh high court case status, online also.

Role of a Family Lawyer

Family lawyers exist to assist clients in better understanding their situation and resolving any challenges that may arise due to their family arrangement. They can design prenuptial agreements to safeguard a couple’s financial interests before they marry, provide advice for divorce or civil partnership dissolution, and draught separation agreements.

Family lawyers can advise on appropriate financial settlements and ensure that assets are shared fairly between the parties after a divorce.

Family lawyers discuss agreements such as contact, residency, and access for children. They also facilitate the resolution of specific issues in a child’s upbringing, such as who has parental responsibility to make certain decisions regarding the child.

Family lawyers are best placed to make applications for any court orders relevant to their working case. 

If no settlement can be made, a family lawyer can also help clients through the in-court process.

Daily, a family lawyer may be required to:

  • Attend client meetings.
  • Research similar past cases to the ones they are working on.
  • Analyse legal points.
  • Draught legal documents, such as witness statements.
  • Investigate and evaluate material that may be advantageous to their clients.

Meet with barristers to discuss topics going to trial, Attend hearings in high court bilaspur chhattisgarh before a judge or jury, Negotiate with opponents to reach a settlement agreement, and File applications in the high court.

Dowry case law: Chhattisgarh High Court      

The Dowry Prohibition Act of 1961 made it illegal to give or receive Dowry.

High Courts will give directives to lower courts setting deadlines for trials to be completed as quickly as possible.

Chief justice of chhattisgarh high court has a constitutional responsibility to provide justice. A court’s presiding officer cannot be helpless at all times.

According to the Court, an adequate action plan should be developed at the level of the High Court and then at the level of each judicial officer.

As a result, the High Courts should issue the following directives to the lower courts to address the threat of ongoing trials causing hardship to undertrial prisoners:

• Bail applications should be resolved within one week; 

• Magisterial trials should be completed within six months, and sessions trials should be completed within two years; 

• Efforts should be made to resolve all matters that are five years old before the end of the year;

• As an addition to Section 436A CrPC, but in keeping with its spirit, an undertrial shall be freed on personal bail if they have served a period of custody over the sentence expected to be imposed if a conviction is recorded.

• The preceding timelines could serve as a benchmark for judging judicial performance in annual private reports.

The court also asked the High Courts to guarantee that bail applications brought before them be considered within one month. Criminal appeals involving defendants who have been in detention for more than five years are resolved as soon as feasible. Apart from that, the High Courts may, from time to time, draught, issue, and monitor appropriate action plans for the subordinate courts and monitor administrative and judicial procedures for swift investigation and trials.

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