Matrimonial Disputes & Family Law Legal Services

Matrimonial disputes can be emotionally and legally complex. Whether it’s a marriage breakdown, domestic issues, or family property dispute, the law provides remedies to protect your rights and ensure justice.

Our Matrimonial Legal Services Include:

  • Divorce Filing (Mutual & Contested)
  • Alimony & Maintenance Claims
  • Child Custody & Visitation Rights
  • Domestic Violence & Protection Orders
With ADVOCARE PARTNERS, you are never alone in your fight for justice.
+91-9810299918
FAQ

Matrimonial Cases (India)

1. What are Matrimonial Cases?
Matrimonial cases deal with disputes arising out of marriage and family relationships, including divorce, maintenance, custody, annulment, and domestic violence. Such cases are governed mainly by personal laws (like Hindu, Muslim, Christian laws) and certain secular statutes such as the Special Marriage Act, 1954 and Family Courts Act, 1984.
2. What are the common types of matrimonial cases?

The most common matrimonial matters include:

  • Divorce petitions
  • Restitution of conjugal rights
  • Judicial separation
  • Maintenance (under Section 125 CrPC or Hindu Adoption and Maintenance Act)
  • Domestic violence complaints
  • Child custody and guardianship
3. What are the legal grounds for divorce under the Hindu Marriage Act, 1955?

As per Section 13 of the Act, divorce can be sought on grounds such as:

  • Cruelty
  • Adultery
  • Desertion for at least 2 years
  • Conversion to another religion
  • Unsoundness of mind
  • Venereal disease or leprosy (before amendment)
  • Renunciation of the world
  • Not heard alive for 7 years
    Either spouse may also file for mutual consent divorce under Section 13B.
4. What is Mutual Consent Divorce?

It’s a peaceful way for both spouses to end their marriage jointly under Section 13B of the Hindu Marriage Act.
Conditions:

  • Both agree to dissolve marriage.
  • They must live separately for at least one year.
  • They must file a joint petition before the Family Court.
    After the first motion, the second motion can be filed after 6 months (which may be waived by the court).
5. What is Judicial Separation?
Under Section 10 of the Hindu Marriage Act, a decree of judicial separation allows spouses to live apart without ending the marriage. It offers time for reconciliation before divorce.
6. What is Maintenance and when can it be claimed?

Maintenance is financial support given by one spouse to another who cannot maintain themselves. It can be claimed:

  • During marriage – under Section 24 (interim) or Section 25 (permanent) of the Hindu Marriage Act.
  • After separation/divorce – under Section 125 CrPC (available to all irrespective of religion).
7. How is Child Custody decided in matrimonial disputes?

The paramount consideration is the welfare of the child, not the rights of the parents. Custody may be:

  • Physical custody,
  • Joint custody, or
  • Visitation rights.
    Courts decide based on emotional, educational, and moral welfare of the child.
8. What is Domestic Violence and how can protection be sought?

Under the Protection of Women from Domestic Violence Act, 2005, a woman can seek protection against physical, emotional, sexual, or economic abuse. Relief includes protection orders, residence orders, and monetary reliefs from the Magistrate.

9. What is the procedure for filing a matrimonial case?
  1. Filing of petition before the Family Court.
  2. Notice and reply by the opposite party.
  3. Mediation or conciliation (often directed by the court).
  4. Evidence and arguments.
  5. Judgment or decree (divorce, maintenance, or other relief).
10. Can matrimonial disputes be settled through mediation?
Yes. Courts frequently refer parties to mediation under Section 89 CPC and the Family Courts Act, 1984. Mediation often helps in achieving amicable settlements, especially in issues like maintenance, custody, and mutual consent divorce.