Expert Matrimonial & Divorce Lawyer in Chandigarh, Punjab and Haryana High Court and High Court of Delhi | Family Law Expert

If your spouse has left the matrimonial home without reasonable cause, you can file a petition under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights. If your spouse does not join back, it will become a ground for seeking divorce. There is also a possibility that court may be able to persuade the other spouse in continuing the marital life.

Foreign decrees are not automatically recognised. They must satisfy Section 13 CPC criteria: competent jurisdiction, grounds available under Indian law, no fraud, and not against public policy. If the decree is passed by a reciprocating country (UK, Singapore etc), it is slightly easier to get it enforced in India.

Many unilateral foreign divorces are refused recognition, leading to continued maintenance liability or bigamy risk. We guide NRIs file declaration suits and help enforce the foreign decree in India.

The foreign court usually lacks jurisdiction if the marriage was solemnized in India and you did not voluntarily submit to that foreign court (especially if it was ex-parte or “managed” without your full participation). The Indian Courts retain full jurisdiction to declare such foreign decree null and void and proceed with restitution of conjugal rights, maintenance, or other relief.

Not yet statutorily, so such power is available only with Honble Supreme Court. Supreme Court grants divorce under Article 142 only when marriage is dead beyond repair.

Not always. Application under Order 9 Rule 13 CPC must be filed within 30 days of knowledge or 90 days from decree with sufficient cause. Courts are strict; vague reasons rarely succeed.

If remarriage has occurred, setting aside becomes nearly impossible. Prevention (proper service & appearance) is better.

Ex-parte is never a strategy. It exposes you to unprecedented risk which no sane person should ever take. By not contesting, you forfeit the opportunity to present your side, cross-examine witnesses, or challenge evidence. Courts frequently grant substantial reliefs (e.g., high alimony, sole custody) in such scenarios, and reversing them later is challenging and uncertain. When a court case gets filed against you, the only strategy is to present your side to the court.

A decree of judicial separation formally recognize your marital status as Separated. Another advantage of decree of Judicial separation is that if there is no cohabitation for one year after decree, either party can seek divorce (Section 13(1A)(ii) HMA). Many file it when they are not ready to file for divorce due to various reasons.

False - if decree is set aside, first marriage subsists, making second marriage void/bigamous (Section 494/495 IPC / Section 82/83 BNS).

Supreme Court holds remarriage before finality (including appeal period) is not protected. Wait for finality or obtain declaration before remarrying.

There is no fixed timeline. A contested divorce may take anywhere between 2 to 5 years depending on the number of issues involved, evidence, conduct of parties, and court workload.

However, strong cases often conclude earlier through mediation, settlement, or appellate intervention. A good Advocate can make a difference by diligently representing your side from Day one.

Advocate Vivek Malhotra is known for his compassionate approach to child custody cases by keeping the best interests of the child at the center. Child custody matters are nothing less than a service to God as God is the ultimate and fierce protector of children and anyone who serves the God with clear intent and a pure heart is indeed the best.

Not always. The court looks at the "welfare of the child." The focus of the court would be on how to care for the child's physical and emotional needs. Fathers can get custody or shared parenting when they show stable environment, emotional involvement, and willingness to facilitate the child's bond with the mother.

This is a myth. The paramount consideration is the welfare of the child, not gender. However, as a father, custody of child is not a win or lose proposition. The focus should be on how to protect and strenghten the child-father bond in the given circumstances without sacrificing your own well-being. From day one, our goal is not merely on winning the custody case but how to protect the innocent child from harms of breakdown of marriage between two adults. We commit to put every effort to save the blameless child who has no role in the dispute. Rest is in the hands of Almighty!

The welfare of the child is paramount - not parents rights (Section 13 HMGA; Supreme Court precedents).

Courts evaluate age, health, education, emotional needs, parental capacity, child's wishes (if mature), and conduct.

No automatic gender preference; decisions are fact-specific.

Denial is contempt. Remedies: enforcement application, modification of custody, police assistance, or habeas corpus in High Court.

Alienation can lead to custody change. Document denials for strong enforcement.

Generally no - requires consent or court permission if it affects other parent's rights.

Relocation is decided on welfare of the child; courts may allow it also. Any unilateral removal of the child without court's permission is contempt of court and a strong ground for transfer of custody.

International abduction of children in such disputes is a growing area of concern and courts are increasingly becoming stringent about such conduct by unworthy parent.

It is not an automatic norm yet in most states. However, there is strong judicial preference towards joint legal custody along with substantial physical time with both parents in the last few years. Sole custody is now exceptional and generally given only in uncontested cases.

No - distance not a bar. Courts grant joint legal custody + workable physical arrangements (extended visitation, vacation access, virtual access, travel cost sharing) even if parties are living in separate countries. Shared parenting plans are being adopted in many states.

No - the courts can see through the misguided or uninformed preferences of the child. Preference from alienation or short-term comfort carries little weight. Courts probe maturity and override if needed. Coaching/alienation viewed seriously.

Custody and guardianship petitions are generally filed where the child ordinarily resides.

No. Permanent alimony is not automatic or lifelong in most cases.

Courts consider income & earning capacity of both, duration of marriage, standard of living, conduct, age, health, and needs. In short marriages or where the wife is employable, courts award lump-sum, limited-period, or no alimony.

We help arrive at fair settlements or defend excessive claims.

Partially true. Maintenance falls under welfare jurisidction of courts and able-bodied adult males are not seen favorably in it. However, the law permits husbands to claim maintenance from earning wives under Section 24 HMA if unable to maintain themselves.

Courts grant to husbands when facts support (disability, unemployment, wife's income). We defend excessive claims and secure fair support for husbands.

No. Child maintenance is a joint liability. Earning mothers are expected to contribute proportionally.

Case-by-case on child's needs + parents income (no fixed %). Factors: education, medical, lifestyle, both incomes.

Enforcement: interim orders, salary attachment, execution (arrest as a last resort), contempt.

Alimony: for spouse's personal support (dependency, standard of living). Child support: child's right for needs (education, health, etc.).

Courts treat separately; child support priority over spousal when resources limited.

To file, a complaint is made to the Women Cell or Police Station. To defend, we gather evidence to prove the allegations are false or exaggerated, eventually seeking quashing or fast disposal.

No - this approach usually backfires and delays resolution.

Courts strongly discourage using criminal complaints as leverage. It often leads to prolonged trials, counter-cases, and adverse impact on your credibility in divorce/custody/maintenance proceedings.

If cruelty or violence is genuine, file with evidence. Otherwise, pursue divorce on valid grounds and use mediation for faster outcomes.

No. Police must comply with Arnesh Kumar guidelines and record reasons before arrest. Many FIRs are quashed at High Court stage if found to be pressure tactics. Early legal intervention prevents arrest or harassment.

No - Magistrate must find prima facie evidence. Ex-parte residence orders are denied/modified when allegations are vague, or alternative accommodation exists.

Interim orders can be challenged quickly. We defend and modify many such orders while protecting genuine cases.

Proven false allegations may amount to mental cruelty and can become a valid ground for divorce.

Courts may also draw adverse inferences, dismiss false cases, impose costs, or grant reliefs such as custody modification or quashing of criminal proceedings.

Yes, it is a common practice. After settlement between parties, they may seek quashing of criminal cases or related proceedings before the High Court.

Quashing is not automatic and depends on the nature of allegations, nature of offence, stage of proceedings, and satisfaction of the court that the settlement is genuine.

No - they are legally opposite.

Stridhan: Voluntary gifts to wife (jewellery, cash, property) - her absolute property, protected.

Dowry: Property given/agreed as marriage condition - prohibited, criminal offence.

Courts examine intent, voluntariness, and evidences to distinguish.

Not automatically - depends on proof of voluntary gifting to wife personally.

Step-by-step process:

1. Send detailed legal notice demanding return (with list, value, proof).
2. File civil suit for recovery/declaration/injunction in District Court.
3. Alternative: DV Act application or Section 316(2) BNS / Section 406 IPC complaint (if misappropriation proved).
4. Seek interim attachment/injunction.

Success depends on strong evidence (lists, photos, receipts). We draft notices and file suits.

Not immediately - police/DV courts require process and evidence.

FIR u/s 406 IPC rarely leads to immediate seizure. DV orders for return usually after evidence. Civil suit + interim injunction is most effective.

Courts insist on concrete proof:

• Signed stridhan list / gift memorandum
• Wedding photos showing presentation to wife
• Receipts, bank statements, jeweller bills
• Affidavits of parents/relatives
• Prior acknowledgments by husband/in-laws

Strong documentation leads to success; weak evidence often results in dismissal or nominal relief.

If parents (natural guardians) are alive and fit, Courts rarely remove fit parent for grandparents without strong evidence. Exceptional circumstances of parental unfitness need to be shown affecting welfare of the child. Grandparents are generally given limited visitation rights to their grand children.

Yes - courts grant regular visitation/access to grandparents. They can file independent application or intervene in existing suit.

Adoption in India is governed by the JJ Act 2015 amd HAMA 1956 (for Hindus, Sikhs, Jains, Buddhists).

Key eligibility:

• Any Indian citizen (single, married, or in live-in) above 25 years (for single adopters) or married couples with stable marriage of 2+ years
• Single male can adopt only male child; single female can adopt any
• Age gap: Adoptive parent must be at least 21 years older than child
• Foreign/NRI/OCI adoption possible via CARA (Central Adoption Resource Authority).

An adopted child has the same rights as a biological child in all respects.

Key legal position:

• Full inheritance rights in adoptive parents property (coparcenary under Hindu Succession Act for Hindus)
• Right to maintenance from adoptive parents (Section 20 HAMA; Section 125 BNSS)
• Adoption is irrevocable - no reversion to biological family after valid order
• Biological parents lose all rights/responsibilities once adoption complete (except in rare cases of fraud)

Adoption: Full legal transfer of parenthood (JJ Act/CARA process). Relatives (grandparents, uncles/aunts) can adopt if eligible and child's welfare served - consent of surviving parent or court dispensation required.

Guardianship: Temporary or long-term care without severing biological ties (Guardians and Wards Act). Easier for relatives when parents unfit/absent - courts appoint on welfare grounds without full adoption.

In high-conflict divorces or orphan cases, courts often appoints grandparents as guardians first; adoption follows if permanent severance justified.

Courts are increasingly treating live-in relationships similar to marriage. This is resulting in application of most matrimonial laws to live-in relationships as well. This means maintenance under S. 144 BNSS (S. 125 CrPC), relief under DV Act 2005 are applied in live-in relationships. Even S. 85 BNS (erstwhile 498A) is currently under consideration by Honble Supreme Court.

Prenups which override the statutory laws cannot be enforced with the exception of Goa under Portuguese Civil Code. This means if any dispute arises post-marriage, courts may refuse to follow the terms agreed upon in Prenups. However, in India, law has always followed the practice. Today it is becoming practice among high networth individuals to do pre-nups to safeguard their assets. These agreements shall definitely have persuasive value in courts and prenups will only gain more recognition in coming times. You can contact us for more information.

Yes. Family Courts are empowered to refer parties to mediation even if one party is initially unwilling.

However, mediation remains voluntary in outcome - no party can be forced to settle. If mediation fails, the case proceeds on merits.

Yes. Civil and criminal matrimonial proceedings can run simultaneously as they arise under different statutes and serve different purposes.

However, courts may coordinate timelines to prevent abuse of process or conflicting findings.

To ensure a productive consultation, we recommend preparing a summary of facts including marriage date, separation date, and details of children. Consultation fees start at 1,000 for about 15 minutes of discussion.