Practice Areas
General information on marriage, divorce, judicial separation, maintenance, child custody and guardianship, domestic violence, matrimonial disputes, adoption, family settlements and related proceedings before Family Courts, District Courts and High Courts in India, with reference to applicable personal laws.
Family and matrimonial law in India covers marriage, divorce, judicial separation, maintenance, child custody and guardianship, domestic violence, matrimonial disputes, adoption, family settlements and related issues under personal laws and applicable statutes. These matters are commonly dealt with before Family Courts, District Courts and High Courts, with remedies and procedure depending on the law applicable to the parties and the specific facts.
Valid marriage, matrimonial rights, restitution of conjugal rights, annulment and other related proceedings.
The validity of a marriage and the remedies available depend on the personal law or statute under which the marriage was solemnised or registered.
Mutual consent divorce, contested divorce, judicial separation, nullity and related proceedings.
Divorce may be sought by mutual consent or on grounds recognised under the applicable law, such as those in the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954.
Custody, guardianship, visitation rights, welfare of the child and child-related proceedings.
In custody and guardianship matters, courts treat the welfare of the child as the paramount consideration, under the Guardians and Wards Act, 1890 and applicable personal laws.
Spousal maintenance, child maintenance, interim maintenance, permanent alimony and related financial relief.
Maintenance may be claimed under Section 144 of the BNSS (formerly Section 125 CrPC), personal law statutes and the Protection of Women from Domestic Violence Act, 2005.
Protection under the Domestic Violence Act, residence rights, protection orders, monetary relief and related proceedings.
The Protection of Women from Domestic Violence Act, 2005 provides civil remedies including protection, residence, monetary and custody orders.
See also: related criminal proceedings.
Streedhan, matrimonial property issues, jointly held assets and related financial and property disputes.
Questions concerning streedhan, jointly held assets and property acquired during marriage may arise alongside matrimonial proceedings.
See also: Property, Real Estate & RERA.
Adoption under applicable law, guardianship, child welfare and related rights.
Adoption may be governed by the Hindu Adoptions and Maintenance Act, 1956 or the Juvenile Justice (Care and Protection of Children) Act, 2015 and its regulations.
Family settlements, mediation, reconciliation and settlement agreements in matrimonial matters.
Family Courts encourage conciliation, and many matrimonial disputes are referred to mediation centres attached to courts.
See also: mediation and ADR, family settlements among heirs.
Hindu law, Muslim law, Christian law, Parsi law, Special Marriage Act and other applicable family law frameworks.
Family law in India is largely governed by the personal law of the parties, alongside secular statutes such as the Special Marriage Act, 1954.
NRI matrimonial disputes, foreign marriage, foreign divorce decrees, cross-border child custody and related matters.
Recognition of foreign decrees and cross-border custody questions are examined under Indian law, including Section 13 of the Code of Civil Procedure, 1908.
Proceedings before Family Courts, District Courts and High Courts, including interim reliefs and evidence-related matters.
Family Courts established under the Family Courts Act, 1984 hear most matrimonial and related matters, including in Delhi.
Appeals, special leave petitions, transfer-related proceedings and other constitutional and judicial remedies in family matters.
Appeals from Family Court orders generally lie to the High Court; transfer petitions and special leave petitions may be filed before the Supreme Court.
See also: High Court and Supreme Court proceedings.
Dr. Anand Duggal is an Advocate registered to practise in India. This website contains general professional, legal-awareness and informational material. Information concerning foreign laws, visa systems, immigration or citizenship processes is provided for general informational purposes and does not imply admission, authorisation or entitlement to practise law in any foreign jurisdiction. Nothing on this website should be construed as advertising, solicitation or a guarantee of any legal or other outcome.