Matters I handle
- Divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955
- Contested divorce, judicial separation and restitution of conjugal rights
- Maintenance under Section 144 of the BNSS (formerly Section 125 CrPC) and under personal laws
- Proceedings under the Protection of Women from Domestic Violence Act, 2005
- Child custody and visitation under the Guardians and Wards Act, 1890
- Defence in matrimonial cruelty and dowry cases, and quashing on settlement
- Transfer petitions and appeals before the High Court
Mutual consent divorce
Where both spouses agree, Section 13B allows a joint petition after they have lived separately for at least one year. The law provides a further gap of six months between the first and second motions, which the court can waive in suitable cases after considering the circumstances. Settling alimony, custody and the return of belongings in a written agreement first makes the process much smoother.
When there are several cases at once
Matrimonial disputes often lead to parallel cases: a divorce petition, a maintenance application, a domestic violence complaint and a criminal case. They need one consistent strategy, because what is said in one case is used in the others.
Family matters are handled in confidence. First consultations can be by phone or video call.
Frequently asked questions
How long does a mutual consent divorce take in Lucknow?
Under Section 13B of the Hindu Marriage Act, 1955 the second motion is heard at least six months after the first, and must be moved within 18 months of the petition. The Family Court can waive the six month period in suitable cases. See mutual consent divorce in Lucknow.
In which court can I file for divorce?
Under Section 19 of the Hindu Marriage Act, a petition can be filed in the Family Court where the marriage was solemnised, where the other spouse lives, where the couple last lived together, or, if the wife is the petitioner, where she lives on the date of filing.
Can a wife claim maintenance without filing for divorce?
Yes. Maintenance can be claimed under Section 144 of the BNSS (formerly Section 125 CrPC), under the Protection of Women from Domestic Violence Act, 2005, and under the Hindu Adoptions and Maintenance Act, 1956, without seeking divorce.
Who gets custody of the children?
The court decides custody on the welfare of the child, which is the paramount consideration. Custody with one parent is usually combined with visitation or video call rights for the other.
Can a dowry or cruelty case be closed if we settle?
Where the dispute is essentially matrimonial and the parties have genuinely settled, the High Court can quash the criminal case under Section 528 of the BNSS. The settlement terms should be recorded carefully so that all cases end together.