Practice Areas | Family Law

1. Divorce Proceedings

We handle all aspects of the dissolution of marriage with professionalism and sensitivity, ensuring that our clients’ legal rights and personal dignity are protected throughout the process.

• Mutual Consent Divorce: For couples who have amicably decided to separate, we facilitate a streamlined process, assisting in the drafting and filing of a joint petition under Section 13B of the Hindu Marriage Act, 1955, or Section 28 of the Special Marriage Act, 1954.
• Contested Divorce: When mutual agreement is not possible, we provide robust representation in contested divorce matters filed on grounds such as cruelty, desertion, adultery, and other legally recognized grounds underSection 13 of the Hindu Marriage Act, 1955 and other applicable personal laws.

2. Protection Against Domestic Violence

We are committed to protecting victims of domestic abuse and ensuring their safety, dignity, and legal remedies under the law.

• Filing applications under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) to obtain protection orders, residence orders, monetary relief, and child custody orders.
• The PWDVA provides a broad definition of domestic violence, encompassing physical, emotional, verbal, sexual, and economic abuse.

3. Dowry Harassment Cases

Our firm takes stringent legal action against dowry-related offenses and provides strong representation to victims of harassment and cruelty.

• Initiating criminal proceedings under Section 498A of the Indian Penal Code, 1860 (corresponding to Section 85 of the Bharatiya Nyaya Sanhita, 2023), which criminalizes cruelty by a husband or his relatives in relation to dowry demands.
• Filing complaints under the Dowry Prohibition Act, 1961 , which penalizes the act of giving, taking, or demanding dowry.

4. Alimony and Maintenance

We ensure that the financial rights of our clients are adequately protected during and after matrimonial proceedings.

• Interim Maintenance:Filing applications to secure financial support for the dependent spouse during the pendency of court proceedings.
• Permanent Alimony:Negotiating or litigating for a fair one-time settlement or periodic payments upon the final decree of divorce, as provided underSection 25 of the Hindu Marriage Act, 1955 andSection 125 of the Code of Criminal Procedure, 1973(corresponding to Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ).

5. Child Custody and Guardianship

The welfare and best interests of the child are the paramount considerations in custody and guardianship matters.

• Physical Custody: Determining the parent with whom the child will primarily reside.
• Legal Custody: Establishing the right to make important decisions concerning the child’s education, health, and overall welfare.
• Joint Custody: Structuring arrangements where both parents share physical and/or legal custody.

These matters are primarily governed by the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890 .

6. Division and Settlement of Property

We assist clients in achieving an equitable distribution of marital assets and property based on Indian legal principles.

• Unlike many jurisdictions, Indian law does not recognize automatic equal division of matrimonial property.
• Property division is determined based on factors such as financial and non-financial contributions, ownership documents, and the specific facts of the marriage.
• We ensure the protection of Stridhan (a woman’s exclusive property) and advocate for fair settlement of jointly acquired assets.

7. Quashing of First Information Report (FIR)

In cases involving false or malicious criminal complaints arising out of matrimonial disputes, we provide legal remedies for quashing such proceedings.

• Filing petitions before the Hon’ble High Court under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ) for quashing of FIRs.
• Grounds for quashing include absence of a prima facie offense, disputes of a civil nature, or settlement arrived at between the parties.