Family & Matrimonial Law Services
Regal Law Chamber provides comprehensive family and matrimonial law services to individuals and families. Our experienced family lawyers handle all types of matrimonial disputes including divorce (contested & mutual consent), child custody, maintenance & alimony, domestic violence cases, and property settlement matters.
With over 20 years of experience, we have successfully represented clients before Family Courts, District Courts, High Courts, and the Supreme Court. Our empathetic approach combined with strong legal expertise ensures the best possible outcomes for our clients during emotionally challenging times.
Key statutes governing family law in India:
Hindu Marriage Act, 1955
Special Marriage Act, 1954
Indian Divorce Act, 1869
Muslim Personal Law (Shariat) Application Act, 1937
Protection of Women from Domestic Violence Act, 2005
Hindu Adoption & Maintenance Act, 1956
Guardians and Wards Act, 1890
Family Courts Act, 1984
Indian Succession Act, 1925
Understanding Family Disputes in India
Family disputes are emotionally charged and require sensitive handling. Our family lawyers understand the emotional turmoil and provide compassionate yet aggressive legal representation. Whether you are seeking divorce, fighting for child custody, or claiming maintenance, we guide you through every step of the legal process with clarity and empathy.
Confidential & Sensitive Approach: We understand that family matters require utmost confidentiality. All consultations and case details are strictly confidential, and we prioritize amicable settlements wherever possible.
Divorce & Separation
Divorce Proceedings (All Personal Laws)
We handle divorce cases under all personal laws including Hindu Marriage Act, Special Marriage Act, Indian Divorce Act, and Muslim Personal Law. Our lawyers assist in both mutual consent divorce and contested divorce proceedings, ensuring your rights are fully protected.
Grounds for Divorce (Hindu Marriage Act):
- Adultery
- Cruelty (physical or mental)
- Desertion for 2+ years
- Conversion to another religion
- Mental disorder or incurable illness
- Renunciation of the world (Sanyasa)
- Presumed death (not heard alive for 7 years)
- No resumption of cohabitation after decree of judicial separation
Discuss Your Divorce Matter
Mutual Consent Divorce
Mutual Consent Divorce (Section 13B, Hindu Marriage Act)
We facilitate smooth mutual consent divorce proceedings, the quickest way to end a marriage legally. Our lawyers draft the joint petition, assist in settlement of maintenance and property issues, and complete the process in minimum statutory period of 6-18 months.
Requirements for mutual consent divorce:
- Parties have been living separately for 1+ year
- Both parties agree to dissolve the marriage
- Consent is free and voluntary
- Settlement regarding alimony, custody, and property
File Mutual Consent Divorce
Contested Divorce
Contested Divorce Representation
When spouses cannot agree on divorce terms, we provide aggressive representation in contested divorce proceedings. Our lawyers gather evidence, cross-examine witnesses, and present strong arguments before the Family Court to prove grounds for divorce.
Contested Divorce Representation
Child Custody
Child Custody & Visitation Rights
We handle complex child custody disputes including legal custody, physical custody, joint custody, and visitation rights. The court's paramount consideration is the welfare of the child. Our lawyers present compelling cases for custody based on child's age, gender, and best interests.
Types of custody:
- Physical Custody – Child resides with one parent
- Legal Custody – Right to make major decisions for child
- Joint Custody – Shared responsibility and parenting time
- Third-party Custody – With grandparents or relatives
- Visitation Rights – Scheduled access for non-custodial parent
Seek Child Custody Orders
Maintenance & Alimony
Maintenance & Alimony Claims
We assist both wives and husbands in claiming or defending maintenance/alimony claims. Our lawyers file petitions under Section 125 CrPC, Hindu Adoption & Maintenance Act, and Special Marriage Act for interim and permanent maintenance.
Maintenance can be claimed for:
- Wife (regardless of income in some cases)
- Minor children (including education and medical expenses)
- Adult disabled children
- Aged parents
Claim Maintenance Rights
Domestic Violence
Protection under DV Act, 2005
We represent victims of domestic violence in filing complaints, obtaining protection orders, residence orders, and monetary relief. Our lawyers also defend against false or exaggerated domestic violence allegations.
Relief available under DV Act:
- Protection orders against further violence
- Residence orders (right to reside in shared household)
- Monetary relief for expenses and losses
- Custody orders for children
- Compensation orders
File Domestic Violence Complaint
Annulment of Marriage
Declaration of Marriage as Void/Voidable
We file petitions for annulment of marriage where the marriage is void ab initio (from beginning) or voidable under personal laws. Annulment declares that a valid marriage never existed.
Grounds for annulment:
- Bigamy (existing spouse alive at time of marriage)
- Underage marriage
- Impotency or inability to consummate marriage
- Mental illness or unsoundness of mind
- Fraud, coercion, or concealment of material facts
- Pregnancy by another person at time of marriage
File Annulment Petition
Restitution of Conjugal Rights
Section 9 Petition (Hindu Marriage Act)
We file petitions for restitution of conjugal rights when one spouse withdraws from the society of the other without reasonable excuse. The court may order the withdrawing spouse to resume cohabitation.
File Restitution Petition
Judicial Separation
Decree of Judicial Separation
We assist couples seeking judicial separation – a court-ordered separation where marriage remains valid but spouses live apart. This is often a precursor to divorce and allows couples time for reconciliation.
File for Judicial Separation
Property Settlement
Matrimonial Property & Asset Division
We assist in settlement of matrimonial property including ancestral property, self-acquired property, joint assets, bank accounts, investments, and other assets during divorce proceedings.
Property Settlement Advice
Our Family Law Process
1
Initial Consultation
Confidential case discussion
2
Legal Notice
Negotiation attempt
3
Filing of Petition
Family Court proceedings
4
Mediation
Court-ordered mediation
5
Evidence & Trial
Witness examination
6
Judgment & Decree
Court order
7
Appeal (if any)
Higher court challenge
8
Implementation
Enforcement of orders
Frequently Asked Questions
Under Section 13B of the Hindu Marriage Act, there is a mandatory cooling-off period of 6 months between the first motion and second motion. However, the Supreme Court has allowed waiver of this period in certain cases where there is no possibility of reconciliation.
For children under 5 years, custody is generally granted to the mother unless she is found unfit. For older children, courts consider the child's preference, emotional bonds, financial stability, and ability to provide a nurturing environment. The paramount consideration is always the welfare of the child.
Yes, a working wife can still claim maintenance if her income is insufficient to maintain the standard of living enjoyed during marriage. The court considers both parties' incomes, expenses, and standard of living. However, a highly successful wife may have difficulty claiming maintenance.
Contested divorce can take anywhere from 1.5 to 5 years depending on the complexity, number of issues, court's backlog, and willingness to settle. Factors like custody disputes, property division, and false allegations can prolong the process.
Section 125 CrPC provides quick interim maintenance (up to Rs. 8,500 per month as of now) irrespective of religion, while Hindu Marriage Act/Special Marriage Act provides permanent maintenance based on the husband's income without upper limit. Both can be claimed concurrently.
Yes, divorce can be granted without the other spouse's consent in a contested divorce if you can prove one of the grounds for divorce like cruelty, desertion, adultery, or mental disorder. The court will grant a decree of divorce even if the other spouse opposes it.
Facing a Family or Matrimonial Issue?
Contact our family law experts for a confidential consultation
