All Services Litigation & Disputes

Divorce & Family Law

From an uncontested mutual consent divorce to a fully contested matter involving maintenance and custody, we represent both petitioners and respondents with a measured, family-first approach.

Divorce and family matters in India are governed by personal law — the Hindu Marriage Act, 1955 for Hindus, the Special Marriage Act, 1954 for civil and interfaith marriages, and equivalent statutes for other communities. Proceedings can be filed by mutual consent, where both spouses agree, or as a contested matter on statutory grounds such as cruelty or desertion.

We represent clients through petition drafting, court filings, and hearings for divorce, maintenance, alimony, and child custody, aiming for the fastest resolution consistent with our client's interests and, where children are involved, their welfare.

Who Needs This

  • Couples who have mutually agreed to separate and need the petition and settlement drafted correctly.
  • Individuals filing or defending a contested divorce petition.
  • Spouses seeking maintenance or alimony, or contesting a maintenance claim.
  • Parents needing custody, visitation, or guardianship arrangements formalized.

Strategic Benefits

  • Structured mutual consent process to minimize conflict
  • Experienced representation in contested proceedings
  • Maintenance and custody advocacy centered on fair outcomes
  • Confidential, discreet handling of sensitive family matters

Process Timeline

Stage 1

Consultation & Petition Drafting

We assess grounds, settlement terms, and draft the petition or joint application.

Stage 2

Filing & Court Proceedings

Petition filed before the family court; hearings attended and evidence led where contested.

Stage 3

Decree & Settlement

Final decree obtained, with maintenance and custody terms formalized in the order.

Note: timelines and outcomes vary significantly by case facts, court workload, and whether the matter is contested. This page is informational and does not guarantee any particular outcome or timeline.

Required Documents

  • • Marriage certificate
  • • ID and address proof of both spouses
  • • Income proof (for maintenance matters)
  • • Children's birth certificates (if custody is involved)
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Frequently Asked Questions

A mutual consent divorce under Section 13B of the Hindu Marriage Act (or the equivalent provision under the Special Marriage Act) is filed jointly when both spouses agree to separate and have settled issues like maintenance and custody. A contested divorce is filed unilaterally on statutory grounds and proceeds through evidence and trial when the other spouse does not consent.

The Hindu Marriage Act prescribes a statutory cooling-off period between the first and second motions, though the Supreme Court has held courts may waive this period in appropriate cases. In practice, an uncontested mutual consent divorce with the waiver typically concludes faster than a contested matter, which can extend over a longer period depending on court workload and disputed issues.

Indian courts decide custody based on the welfare of the child as the paramount consideration, weighing factors like the child's age, each parent's ability to provide care, and the child's own wishes where old enough to express them. Custody arrangements can be joint, sole with visitation rights, or otherwise structured to the family's circumstances.

Discreet, Advocate-Led Representation

Navigate Family Matters With Clarity

Book a direct, obligation-free preliminary consultation with Advocate Akhil M. Satani.