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§ 06 — Privately, carefully, in your language

Divorce & Family Matters

Mutual consent and contested divorce, maintenance, custody, domestic violence and settlement of matrimonial property — handled privately and with care.

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Heard before

  • Family Court, Bandra, Mumbai
  • Metropolitan Magistrates' Courts (domestic violence)
  • Mediation centres attached to the courts

The law that applies

  • Hindu Marriage Act, 1955
  • Special Marriage Act, 1954
  • Protection of Women from Domestic Violence Act, 2005
  • Guardians and Wards Act, 1890
  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 144 (maintenance)

Family matters are the ones clients find hardest to describe and most need to be heard on. The first meeting is private, unhurried, and commits you to nothing.

Where both spouses agree, a petition under Section 13B of the Hindu Marriage Act (or Section 28 of the Special Marriage Act) can be presented once they have lived separately for a year. The Supreme Court has held that the six-month waiting period can be waived in suitable cases. The real work is the settlement — maintenance, custody, the flat — and drafting it so that it is honoured.

When it is contested

We seek interim maintenance and custody arrangements early, because a contested case can take time and the household cannot wait. Mediation attached to the Family Court remains open throughout, and we will tell you when we think it is worth trying.

How a family & matrimonial matter usually moves

  1. 01

    A private first meeting

    You tell us what happened and what you want. Nothing is filed and nobody is contacted without your instruction.

  2. 02

    Options in writing

    Settlement, mediation or litigation — what each would involve for you and your children, written down.

  3. 03

    Petition or settlement

    A mutual consent petition with agreed terms, or a contested petition with interim applications for maintenance and custody.

  4. 04

    Hearings and orders

    We attend the counselling, mediation and hearings with you, and explain every order the day it is passed.

Every matter is different; this is the usual path, not a promise of one.

Matters in this area

See them in the full index
  • RepresentationContested divorcePetition, interim maintenance and custody applications, mediation and trial before the Family Court.
  • RepresentationDomestic violence proceedingsProtection, residence and monetary relief orders before the Magistrate.PWDV Act, 2005
  • FilingMaintenanceFor a spouse, children or parents — interim and final.BNSS, 2023 — Section 144
  • FilingMutual consent divorceThe petition and, more importantly, a settlement on maintenance, custody and property that will be honoured.Hindu Marriage Act, 1955 — Section 13B

Book a consultation

Tell us what has happened.

A short outline is enough. We reply within one working day with what to send and when we can meet.

Advocates in this area

  • Adv. Ananya IyerPartner

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