FAMILY LAW
Matrimonial Proceedings and Divorce
What It Includes: Legal proceedings for dissolution of marriage including contested and mutual consent divorce, judicial separation, nullity of marriage, restitution of conjugal rights, and related matrimonial disputes under various personal laws including Hindu Marriage Act, Special Marriage Act, Indian Christian Marriage Act, and Muslim personal law.
When You Need It:
- Marriage has irretrievably broken down with no possibility of reconciliation
- Seeking legal separation without complete dissolution of marriage
- Marriage is void or voidable under applicable personal law
- Spouse has abandoned matrimonial home or refuses to cohabit
- Mutual decision to end marriage through legal divorce proceedings
- Need to establish grounds for divorce under applicable personal law
Procedure Involved: Divorce proceedings begin with filing petition in appropriate family court with proper jurisdiction, service of summons to respondent, and filing of written statement. The process involves evidence recording through examination of parties and witnesses, counseling sessions as mandated by court, and final arguments. Mutual consent divorce requires joint petition with settlement terms and two hearings separated by six-month cooling period.
Jurisdiction:
- Family Courts for matrimonial disputes under Family Courts Act
- District Courts in areas where Family Courts are not established
- Delhi High Court for appeals against family court orders and high-value matrimonial disputes
- Supreme Court for appeals involving substantial questions of law in matrimonial matters
Related Services: Child custody, Maintenance proceedings, Family mediation
Child Custody and Guardianship
What It Includes: Legal proceedings for determination of child custody, visitation rights, guardianship appointments, welfare of minor children, change of custody arrangements, and enforcement of custody orders including physical custody, legal custody, and supervised visitation arrangements under Guardians and Wards Act and personal laws.
When You Need It:
- Parents are separated or divorced and need custody arrangements
- Disputes over child's residence, education, or medical decisions
- Grandparents or relatives seeking custody or visitation rights
- Need to appoint legal guardian for minor child's property or person
- Existing custody arrangements need modification due to changed circumstances
- Enforcement of custody orders being violated by other parent
Procedure Involved: Custody proceedings involve filing petition before appropriate court, child welfare investigation by court-appointed officer, consideration of child's best interests and preferences if age-appropriate. The process includes examination of both parents' financial and social circumstances, home study reports, and sometimes counseling sessions. Court may appoint guardian ad litem to represent child's interests in complex cases.
Jurisdiction:
- Family Courts for custody matters arising from matrimonial proceedings
- District Courts with guardianship jurisdiction for independent custody petitions
- Juvenile Justice Boards for matters involving child protection and welfare
- Delhi High Court for appeals and complex custody matters involving jurisdictional issues
Related Services: Matrimonial proceedings, Maintenance matters, Family mediation
Maintenance and Alimony
What It Includes: Legal proceedings for financial support including interim maintenance during pending proceedings, permanent alimony after divorce, child maintenance, elderly parents maintenance under Maintenance and Welfare of Parents Act, and enforcement of maintenance orders through various legal mechanisms and remedies.
When You Need It:
- Spouse is not providing adequate financial support during marriage
- Need interim financial support during pending divorce proceedings
- Seeking permanent alimony settlement after divorce decree
- Children requiring financial support from non-custodial parent
- Elderly parents need maintenance from adult children
- Existing maintenance orders need modification or enforcement
Procedure Involved: Maintenance proceedings involve filing application with details of financial needs and other party's income and assets. The process includes disclosure of financial documents, examination of earning capacity and lifestyle, and assessment of reasonable maintenance amount. Interim maintenance can be granted pending final determination, and enforcement involves attachment of salary, property, or contempt proceedings for non-compliance.
Jurisdiction:
- Family Courts for maintenance in matrimonial cases
- Magistrate Courts under Criminal Procedure Code for wife and children maintenance
- Civil Courts for maintenance under personal laws and contractual arrangements
- Delhi High Court for appeals against maintenance orders and complex financial arrangements
Related Services: Matrimonial proceedings, Child custody, Property settlement
Domestic Violence Protection
What It Includes: Legal protection under Domestic Violence Act including protection orders, residence orders, monetary relief, custody orders, and compensation for domestic violence suffered by women in domestic relationships, including physical, sexual, verbal, emotional, and economic abuse by household members.
When You Need It:
- Experiencing physical, sexual, emotional, or economic abuse at home
- Threats of violence or actual violence from spouse or family members
- Being denied access to matrimonial home or basic necessities
- Need immediate protection and safety measures for self or children
- Seeking compensation for injuries or losses due to domestic violence
- Violation of earlier protection orders requiring enforcement action
Procedure Involved: Domestic violence proceedings begin with filing application before Magistrate with incident details and evidence of violence. The process involves ex-parte protection orders if urgency shown, service of notice to respondent, recording of evidence including medical reports and witness statements. Protection Officer assistance is available for filing complaints and providing support services throughout legal proceedings.
Jurisdiction:
- Magistrate Courts where respondent resides or works or where violence occurred
- Metropolitan Magistrate Courts in Delhi for domestic violence applications
- Sessions Courts for appeals against Magistrate orders in domestic violence matters
- Delhi High Court for complex cases involving interpretation of Domestic Violence Act
Related Services: Criminal law proceedings, Maintenance applications, Child custody matters
Family Mediation and Settlement
What It Includes: Alternative dispute resolution for family conflicts through mediation, conciliation, collaborative law processes, and negotiated settlements including pre-litigation mediation, court-referred mediation, and private family mediation for matrimonial disputes, property division, and child-related issues while maintaining confidentiality.
When You Need It:
- Family disputes require confidential resolution outside court system
- Desire to maintain ongoing family relationships despite legal issues
- Cost-effective resolution preferred over lengthy court proceedings
- Court has referred matter for mediation or counseling
- Children's interests require amicable parental cooperation
- Business or property interests need discrete family dispute resolution
Procedure Involved: Family mediation involves selection of qualified mediator, confidential sessions with all parties, identification of issues and interests, exploration of settlement options, and documentation of agreements. The process maintains privilege and confidentiality, allows party control over outcomes, and can result in binding settlement agreements enforceable through court orders if required.
Jurisdiction:
- Mediation Centers attached to Family Courts for court-referred matters
- Lok Adalats for amicable settlement of family disputes
- Private mediation under Arbitration and Conciliation Act
- Family Courts for approval and enforcement of mediated settlement agreements
Related Services: Matrimonial proceedings, Child custody arrangements, Property settlements
Adoption and Succession Matters
What It Includes: Legal proceedings for child adoption under Juvenile Justice Act and Hindu Adoption Act, succession matters including wills, inheritance disputes, probate proceedings, letters of administration, and succession certificates for claiming assets of deceased persons under various succession laws.
When You Need It:
- Seeking to legally adopt a child through proper legal procedures
- Need to establish legal rights over deceased person's property
- Disputes among legal heirs regarding inheritance distribution
- Requirement of probate for will execution or letters of administration
- Succession certificate needed for claiming bank deposits or securities
- Family property division requires court intervention and legal documentation
Procedure Involved: Adoption proceedings involve pre-adoption studies, court application with required documents, verification of adoptive parents' suitability, and final adoption order. Succession matters require filing petition with asset details and legal heir information, publication of notices, examination of claims, and grant of probate or succession certificate after satisfying legal requirements.
Jurisdiction:
- District Courts for adoption matters under Juvenile Justice Act
- Family Courts where established for adoption and guardianship matters
- Civil Courts for succession, probate, and inheritance disputes
- Delhi High Court for appeals and complex succession matters involving substantial property
Related Services: Property law matters, Child custody proceedings, Family settlement agreements
Marriage Registration
What It Includes: Legal registration of marriages under Special Marriage Act, Hindu Marriage Act, and other applicable personal laws, marriage certificate issuance, correction of marriage records, registration of interfaith marriages, and legal documentation for marriages performed under various religious and civil ceremonies.
When You Need It:
- Legal documentation required for marriage recognition
- Marriage performed under religious ceremony needs legal registration
- Interfaith or intercaste marriage requires legal protection
- Marriage certificate needed for visa, passport, or other official purposes
- Correction required in existing marriage registration records
- Foreign marriage needs recognition and registration in India
Procedure Involved: Marriage registration involves filing application with required documents including age proof, residence proof, and photographs, publication of notice for objections, verification of details by registrar, and issuance of marriage certificate. The process includes waiting period for objections, oath or affirmation by parties, and witness signatures before final registration.
Jurisdiction:
- Marriage Registrars under Registration of Births and Deaths Act
- Civil Courts for marriage registration disputes and corrections
- District Magistrate offices for registration under Special Marriage Act
- Delhi High Court for complex registration matters and legal recognition issues
Related Services: Property documentation, Immigration law matters, Family legal documentation