Areas of Legal Practice
Advocate Partha Sarkar handles matters in the following areas of law in Bangalore and Karnataka courts. This is an informational overview only.
Family Law
Family law encompasses all legal matters arising from familial relationships. In India, family law is primarily governed by personal laws applicable to different religious communities, as well as secular legislation. Advocate Partha Sarkar handles a wide spectrum of family law matters in Bangalore's courts.
Family law proceedings in Karnataka are heard by the Principal Family Court, Bangalore and its Additional Family Courts. These courts operate under the Family Courts Act, 1984 and are designed to handle such matters with greater sensitivity and speed than general civil courts.
Matters Covered (General Overview)
Matrimonial disputes and contested marriages
Judicial separation petitions
Nullity and annulment of marriage
Inheritance and succession disputes
Adoption proceedings
Restitution of conjugal rights
Applicable Laws: Hindu Marriage Act 1955, Special Marriage Act 1954, Muslim Personal Law (Shariat) Application Act 1937, Indian Divorce Act 1869, Parsi Marriage and Divorce Act 1936, Hindu Succession Act 1956, Hindu Adoption and Maintenance Act 1956.
Divorce Matters
Divorce proceedings in India are governed by personal laws specific to the religion of the parties. Advocate Partha Sarkar handles divorce matters in the Bangalore Family Courts, including both mutual consent divorce (under Section 13B of the Hindu Marriage Act) and contested divorce proceedings.
Types of Divorce Proceedings
Mutual consent divorce (Sec. 13B HMA)
Contested divorce petitions
Alimony and permanent maintenance
Interim maintenance applications
Muslim divorce (Talaq / Khula matters)
Foreign divorce recognition
Child Custody & Guardianship
Child custody matters are among the most sensitive family law proceedings. Karnataka's Family Courts decide custody based on the "best interests of the child" standard, considering multiple factors including the child's age, emotional bonds, stability, and welfare.
Child custody petitions
Guardianship petitions (GWA)
Visitation rights applications
Child abduction / habeas corpus
Domestic Violence & Protection
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides comprehensive civil remedies for women facing domestic violence. Additionally, criminal remedies are available under the Bharatiya Nyaya Sanhita (BNS) / IPC. Advocate Sarkar handles both civil and criminal aspects of domestic violence matters in Bangalore.
Protection orders (PWDVA)
Section 498A / BNS Sec 85 cases
Residence orders
Dowry harassment cases
Criminal Law
Criminal law practice involves defending accused persons before Bangalore's Magistrate Courts and Sessions Courts. Criminal matters are now governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code (IPC), and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the CrPC.
Bail applications (regular & anticipatory)
Criminal trial defence
Criminal appeals and revisions
Cheque bounce (NI Act Sec 138)
Civil Law & Documentation
Civil litigation encompasses a wide range of disputes between individuals and entities. Additionally, documentation services include drafting and reviewing legal documents, agreements, and property deeds. These services are performed with a focus on legal accuracy and compliance with Karnataka law.