Family and Matrimonial
Divorce, maintenance, custody, domestic violence and succession.
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
- Advocate
- Adv. Bhawani Shanker Atrey
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.
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
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.
Related guidance
Related practices
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.