Atreya LegalAdvocates & Legal Consultants

Family and Matrimonial

Divorce, maintenance, custody, domestic violence and succession.

Overview

What is family and matrimonial practice?

Family law governs marriage, separation, children and inheritance. Atreya Legal represents husbands, wives, parents and heirs in divorce, maintenance, custody, domestic violence and succession matters before family courts, Magistrates and High Courts, and prepares wills and family settlements.

Practice group
Individuals and families
Principal statute
Hindu Marriage Act, 1955
Heard before
Family courts, Magistrate courts, District courts
Scope

What the practice covers

  • Mutual consent divorce

    Joint petitions, settlement terms and waiver of the six-month waiting period where the law allows.

  • Contested divorce

    Petitions on grounds such as cruelty, desertion and adultery, and restitution of conjugal rights.

  • Maintenance and alimony

    Interim and permanent maintenance under personal law and Section 144 of the BNSS.

  • Child custody and guardianship

    Custody, visitation and guardianship under the Guardians and Wards Act, 1890.

  • Domestic violence proceedings

    Protection, residence and monetary relief orders under the 2005 Act.

  • Wills and succession

    Wills, probate, succession certificates and family settlements.

Law and forums

Statutes and courts

Governing statutes

  • Hindu Marriage Act, 1955
  • Special Marriage Act, 1954
  • Protection of Women from Domestic Violence Act, 2005
  • Guardians and Wards Act, 1890
  • Hindu Succession Act, 1956
  • Indian Succession Act, 1925

Courts and authorities

  • Family courts
  • Magistrate courts
  • District courts
  • High Courts
Questions

Common questions on family matters

How long does a mutual consent divorce take?

Section 13B of the Hindu Marriage Act, 1955 provides a six-month gap between the first and second motions. Since Amardeep Singh v. Harveen Kaur (2017) a court may waive that period where the parties have already lived apart for long enough and have settled all issues.

Can a divorce petition be filed in the first year of marriage?

Ordinarily no. Section 14 of the Hindu Marriage Act, 1955 bars a petition within one year of marriage unless the court grants leave on the ground of exceptional hardship or exceptional depravity.

Contact

Discuss a family matter with the firm.

Write or call with a short account of the facts and the papers you hold. The firm will tell you whether it can act and what the first step is.

Before you continue

Disclaimer

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