Matrimonial & Family Law

Overview

Our matrimonial practice is dedicated to helping clients navigate sensitive family issues with dignity and legal precision. We cover all aspects of marriage dissolution, alimony, division of marital assets, and child custody disputes under Indian family laws.

Key Areas of Focus

  • Mutual Consent Divorce (Section 13-B, HMA)
  • Contested Divorce Proceedings
  • Child Custody & Guardianship
  • Maintenance & Alimony Claims
  • Restitution of Conjugal Rights

Primary Legislation & Statutes

Hindu Marriage Act, 1955 Special Marriage Act, 1954 Guardian and Wards Act, 1890

Frequently Asked Questions

Mutual consent divorce is governed by Section 13-B of the Hindu Marriage Act. Both parties must jointly file a petition stating they have been living separately for at least one year and cannot live together. A six-month cooling-off period is usually mandated, after which the second motion is moved for the final decree.

Under Section 125 CrPC and personal laws, courts determine maintenance based on the financial status, income, properties, and standard of living of both spouses. The court ensures that the dependent spouse is provided enough support to maintain a lifestyle similar to their matrimonial home.