Overview
Family disputes require careful handling — combining legal precision with an understanding of the personal dimensions involved. The Counsel represents clients in matrimonial, custody, maintenance, domestic violence, succession, and inheritance matters before Family Courts, Civil Courts, and Magistrate Courts in Navi Mumbai, Thane, and Mumbai.
The objective in every family matter is to safeguard the client's legal rights while pursuing fair and effective resolution — through negotiation, mediation, or court proceedings as appropriate.
Services
Mutual Consent Divorce
Contested Divorce Proceedings
Child Custody & Guardianship
Maintenance Claims (Interim & Permanent)
Domestic Violence — PWDVA 2005
Succession & Inheritance Disputes
Probate Proceedings
Will Drafting
Adoption Advisory
Matrimonial Mediation
Mutual Consent Divorce — Process
Mutual consent divorce under Section 13-B of the Hindu Marriage Act, 1955 (or the equivalent provision under other applicable personal laws) allows both spouses to jointly petition for divorce when they have agreed to dissolve the marriage.
1
Joint Petition Filed
Both spouses file a joint petition at the Family Court stating that they have been living separately for at least one year and cannot live together.
2
First Motion
The court records the statements of both parties and admits the petition — this is the first motion.
3
Cooling-Off Period
A statutory 6-month cooling-off period follows. The Supreme Court has held that courts may waive this period in appropriate circumstances.
4
Second Motion
Both parties appear for the second motion and confirm their consent. The court passes the divorce decree.
Approximate Timeline
Mutual consent divorce typically takes 6 to 18 months depending on whether the cooling-off period is waived and court scheduling. Agreements on maintenance, custody, and property should be reached before filing to facilitate smoother proceedings.
Contested Divorce
A contested divorce is filed by one spouse on specific legal grounds such as cruelty, desertion, adultery, mental disorder, or conversion. The proceedings are before the Family Court and involve pleadings, evidence, cross-examination, and final arguments.
1
Petition Filed
The petitioner files a divorce petition citing specific grounds under the applicable personal law.
2
Notice & Written Statement
The respondent is served notice and files a written statement in reply.
3
Mediation (Mandatory)
Family courts refer parties to mediation before proceeding with trial.
4
Evidence & Trial
Both parties lead evidence — documents and witness examination. Cross-examination follows.
5
Arguments & Judgment
Final arguments are submitted. The court pronounces judgment granting or rejecting the divorce.
Domestic Violence — Protection of Women from Domestic Violence Act, 2005
The PWDVA, 2005 provides civil remedies to women who have experienced domestic violence — including physical, emotional, sexual, verbal, or economic abuse. Remedies available include protection orders, residence orders, monetary relief, and custody orders.
- Filing applications for protection, residence, and monetary relief orders
- Emergency protection orders in urgent situations
- Representation before Magistrate Courts
- Advising on documentation — medical reports, photographs, correspondence
- Connecting clients with Protection Officers where required
Applicable Legislation
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
- Protection of Women from Domestic Violence Act, 2005
- Hindu Succession Act, 1956
- Guardians and Wards Act, 1890
- Hindu Minority and Guardianship Act, 1956
- Section 125, Bharatiya Nagarik Suraksha Sanhita, 2023 (Maintenance)
- Indian Succession Act, 1925
Frequently Asked Questions
What are the grounds for divorce under the Hindu Marriage Act?
Grounds for divorce under Section 13 of the Hindu Marriage Act, 1955 include cruelty, desertion (for two years or more), adultery, conversion to another religion, mental disorder, communicable disease, renunciation, and presumption of death. Mutual consent divorce is available under Section 13-B if both parties agree.
Can maintenance be claimed during pending divorce proceedings?
Yes. Interim maintenance can be claimed under Section 24 of the Hindu Marriage Act during the pendency of divorce proceedings. Maintenance can also be claimed under Section 125 of the BNSS (formerly CrPC) irrespective of pending civil proceedings.
How is child custody determined by courts?
Courts determine child custody based on the welfare and best interests of the child — not the rights of the parents. Factors considered include the child's age, preference (if old enough), emotional bond with each parent, financial capacity, and ability to provide education and care. Joint custody arrangements are also possible.
What documents are required for divorce proceedings?
Commonly required documents include: marriage certificate, Aadhaar cards and photographs of both parties, birth certificates of children (if applicable), income documents, proof of separate residence (for mutual consent divorce), and any evidence relevant to the grounds cited (for contested divorce).
What is a Will and can it be challenged?
A Will is a legal document expressing a person's wishes regarding distribution of their property after death. A Will can be challenged in court on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. Probate may be required for certain Wills under the Indian Succession Act.
Is mediation encouraged in family disputes?
Yes. Family Courts are required by law to explore the possibility of settlement before proceeding with trial. Mediation is also encouraged where parties can reach an amicable resolution, particularly in matters involving children, as it reduces adversarial conflict and its impact on the family.