Divorce Petitions, Maintenance, Custody Proceedings, and Matrimonial Disputes Before Family Courts, District Courts, and the Delhi High Court
Family and matrimonial proceedings are among the most personal matters handled by any legal practice. The firm's advocates handle such matters with an awareness of both the legal issues involved and the sensitive personal circumstances of those engaged in matrimonial or family disputes. Matters are handled before Family Courts, District Courts, and the Delhi High Court.
The firm handles the full spectrum of family law matters — from contested divorce petitions and maintenance applications to child custody proceedings and domestic violence matters. Each matter is approached with professionalism, thoroughness, and an understanding of the emotional context in which it arises.
Service overview
Family law in India is governed by personal laws applicable to different communities — the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, Muslim personal law, and others — as well as secular legislation such as the Protection of Women from Domestic Violence Act, 2005. The firm advises clients on the applicable law and the options available under it.
- Divorce petitions under Sections 13, 13B, and 14 of the Hindu Marriage Act, 1955 — contested and mutual consent
- Maintenance applications under Section 25 of the Hindu Marriage Act and under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Child custody and guardianship proceedings before Family Courts and the Delhi High Court
- Matters under the Protection of Women from Domestic Violence Act, 2005
Kye features
Divorce proceedings involve careful preparation of the petition, collection of relevant documents, filing before the appropriate Family Court, and representation at hearings through to decree. In contested matters, the trial involves evidence and arguments on the ground of divorce alleged. In mutual consent matters, the procedure involves two motions with a statutory waiting period in between.
The firm also handles stridhan recovery matters, matrimonial property disputes, and maintenance proceedings filed both during the pendency of divorce petitions (interim maintenance) and after conclusion of the divorce (permanent alimony). Each application requires separate drafting and hearing before the Family Court.
Divorce Petitions
Filing and appearing in contested and mutual consent divorce petitions before Family Courts and the Delhi High Court under applicable personal law.
Maintenance Applications
Drafting and arguing interim and permanent maintenance applications before Family Courts under the Hindu Marriage Act and applicable secular legislation.
Child Custody & Guardianship
Representing parties in child custody disputes and guardianship applications before Family Courts, including interim custody applications.
General questions
A contested divorce is filed by one spouse alleging a specific ground — such as cruelty, desertion, or adultery — under Section 13 of the Hindu Marriage Act, 1955. A mutual consent divorce under Section 13B is filed jointly by both spouses and requires a minimum separation of one year, followed by two court motions with a waiting period in between.
Under Section 13B of the Hindu Marriage Act, 1955, after the first motion, the court allows a waiting period of six months before the parties can file for the second motion — intended as a cooling-off period. However, the Supreme Court has held that courts have discretion to waive this period in appropriate cases.
Interim maintenance is a temporary monthly allowance directed by the court to be paid by one spouse to the other during the pendency of a matrimonial proceeding. It is intended to ensure that the financially dependent spouse can meet their needs and participate in the litigation.
Yes. A decree passed by a Family Court in a divorce petition may be appealed to the High Court. From the High Court, a Special Leave Petition may be filed before the Supreme Court of India in appropriate cases.
The PWDVA, 2005 provides civil remedies to women who have suffered domestic violence — including physical, emotional, economic, and sexual abuse — within a domestic relationship. Remedies include protection orders, residence orders, maintenance orders, and compensation. Proceedings are filed before the Magistrate Court.
