Family Law
Overview
Our matrimonial and family practice advises on divorce by mutual consent and contested divorce, maintenance and alimony, custody and guardianship of children, protection under the domestic violence law, restitution of conjugal rights, and questions of succession and wills within families. These matters are heard mainly by Family Courts and Magistrates' courts, with appeals and related proceedings before the High Court.
Every conversation is held in confidence. Where settlement is realistic, whether through negotiation or court-annexed mediation, we pursue it seriously, and the Family Courts are themselves required to attempt it. Where it is not, we prepare the case thoroughly and present it with restraint. Our aim is to protect a client's rights and dignity without making a difficult situation harder than it has to be.
Scope
Settling terms on alimony, custody and property, then taking the joint petition through both motions, including applications to waive the statutory waiting period where the law permits.
Petitions and defences on the grounds available under the applicable law, such as cruelty or desertion, under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954.
Interim and permanent maintenance for spouses, children and parents under the matrimonial statutes and Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, including the disclosure of income and assets that courts now require.
Custody and access arrangements, guardianship petitions, and questions of a child's residence and schooling, which the courts decide with the welfare of the child as the paramount consideration.
Applications for protection, residence, monetary relief and custody orders under the Protection of Women from Domestic Violence Act, 2005, and the defence of such proceedings.
Petitions for restitution where one spouse has withdrawn from the other's company without reasonable excuse, with advice on how such a petition fits with the other remedies available.
Advice and representation where a matrimonial dispute leads to complaints of cruelty or dowry-related offences under the Bharatiya Nyaya Sanhita, 2023, including bail and, where the parties have settled, petitions to quash the proceedings.
Wills, family settlements, succession certificates, and disputes over inheritance under the Hindu Succession Act, 1956 and the Indian Succession Act, 1925.
Approach
The first meeting is about understanding the family as well as the legal question: the history of the relationship, the children's circumstances, the finances, and what the client most wants to protect.
We explain the remedies available, how long each is likely to take and what each will ask of the client, including the possibility of settlement, so that decisions are made with full information.
Where safety, a home or a child's welfare is at stake, interim relief is sought without delay, whether a protection order, interim maintenance or interim custody arrangements.
Settlement is pursued through negotiation and mediation where it is realistic. Where it is not, the evidence is prepared carefully and the case is presented with restraint.
Questions
Under the Hindu Marriage Act, 1955, the spouses must have lived separately for at least a year before filing a joint petition. The law then provides for a gap of six months between the first and second motions so that the decision can be reconsidered, and the second motion must be made within eighteen months of the petition. The Supreme Court has held that the six-month period may be waived in suitable cases where the parties have genuinely settled every issue. The overall time therefore depends on the facts and on the court's calendar.
Under the Hindu Marriage Act, a petition for divorce cannot ordinarily be presented within one year of the marriage. A court may allow an earlier petition only in cases of exceptional hardship to the petitioner or exceptional depravity on the part of the other spouse. The restriction does not apply to other remedies, such as maintenance or protection orders.
Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 125 of the Code of Criminal Procedure, a wife, children and parents who cannot maintain themselves may claim maintenance. Under the Hindu Marriage Act, either spouse may seek it. Following guidelines laid down by the Supreme Court, both parties are generally required to file affidavits disclosing their income, assets and liabilities. Courts then consider factors such as the parties' standard of living, reasonable needs and each party's earning capacity.
The welfare of the child is the paramount consideration. Courts look at the child's age, health, schooling, emotional bonds and need for stability, and, where the child is old enough, the child's own wishes. Custody with one parent is usually accompanied by visitation or shared time with the other, and orders can be revisited if circumstances change.
Since December 2025, when Parliament omitted Section 213 of the Indian Succession Act, 1925, probate is no longer a legal precondition for establishing rights under a will in court, including in Mumbai, Kolkata and Chennai, where it was previously compulsory for certain wills. For most wills made in Uttar Pradesh and Delhi, probate was not compulsory even before this change. Banks, registries and other institutions may still ask for probate, letters of administration or a succession certificate before acting, and a disputed will must still be proved in the usual way.
Communications with your advocate are privileged and are treated in strict confidence. Matrimonial proceedings are also generally conducted in camera, and a Family Court must hold proceedings in camera if either party asks for it.
Insights
How divorce by mutual consent works under the Hindu Marriage Act, 1955: the two motions, the six-month period and when it may be waived, and what the Supreme Court decided in Amardeep Singh (2017) and Shilpa Sailesh (2023).
A consultation of about an hour with an advocate of the firm, to understand your position and the options open to you. Fees are discussed and agreed beforehand.
Bar Council of India · Rule 36
The Bar Council of India does not permit advocates to solicit work or advertise in any form or manner. This website is maintained for information only.
By clicking "I agree", you acknowledge that you are seeking information about VERMANCO of your own accord, and that there has been no solicitation, advertisement, invitation or inducement of any kind by the firm or any of its members.
The content of this website is not legal advice and should not be relied upon as such. Use of this website, or communication with the firm through it, does not create an advocate–client relationship. VERMANCO is not liable for any consequence of action taken on the basis of material on this website.
Read the full Disclaimer and Privacy Policy.