The objective of any Family and Divorce Lawyer in the country is to adjudge the scope of settlement and cohabitation between husband and wife.

Where the couple under no circumstances wishes or attempts to work on the marriage, the courts dissolve such marriages.

India being a secular country where all religions are respected equally are freely practiced. The major religions practiced include Hinduism, Islam, and Christianity. People solemnize marriages in accordance with religious rituals and ceremonies, which are mostly codified by statutory personal laws.

Governing Laws Based on Religion

Family and Divorce law in India includes laws on marriage, divorce, and other issues, which are essentially governed by the personal laws of the parties depending on their religion. Laws governing the matrimonial issues are:

• Hindu: Hindu Marriage Act 1955.
• Muslim: Muslim marriage is a contract under Muslim law.
• Christian: Indian Christian Marriage Act 1872 and the Divorce Act 1869.
• Parsi: Parsi Marriage and Divorce Act 1936.

In addition, the Special Marriage Act 1954 applies to persons of all religions, caste, or community. A matter of divorce would then be governed by the Special Marriage Act 1954.

Jurisdiction of Indian Courts

The Indian courts under the Family and Divorce Law are competent and have valid jurisdiction to adjudicate and grant divorce only under the Indian statutes. The Indian courts are not authorized to pass orders on cases which require the applicability of foreign law.

However, if a foreign national who resides in India marries under the Special Marriage Act, such person would not be treated any differently than an Indian national when seeking divorce.

Key Provisions under Family and Divorce Law

Restitution of Conjugal Rights

When either party to marriage wants to quit the society of the other without any reasonable cause, the aggrieved party has the right to file a petition for restitution of conjugal rights.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply to the District Court. The court may decree restitution if satisfied with the statements and legal conditions.

Maintenance pendent lite and expenses of proceedings are applicable reliefs during such cases.

Nullity of Marriage

Void Marriages

A decree of nullity can be obtained when the marriage is void. Conditions that render a marriage void:

• Neither party has a spouse living at the time of marriage
• The parties are not within the degrees of prohibited relationship
• The parties are not sapindas of each other unless permitted by custom

Such marriages confer no matrimonial obligation except rights recognized under law. However, maintenance and alimony provisions apply.

Only the wife and/or husband can seek a decree of nullity. The first wife cannot seek nullity for a void subsequent marriage.

Voidable Marriages

Voidable marriages may be annulled on grounds such as:

• Marriage not consummated due to impotence
• Consent was obtained by force or unsound mind
• Respondent was pregnant by another man at the time of marriage

Voidable marriages remain valid until annulled.

Judicial Separation

Judicial Separation is a temporary severance of marital relations. It is prescribed under Section 10 of the Hindu Marriage Act.

It is equivalent to a step before divorce but does not dissolve the marriage.

Contested Divorce

When one party seeks divorce without mutual consent, they must approach the Family/Civil Court citing valid grounds, such as:

• Adultery
• Cruelty
• Desertion for 2 years
• Conversion to another religion
• Mental disorder
• Leprosy, venereal disease
• Renunciation
• Presumption of death

Child custody remains one of the most emotional and complex issues in contested divorce.

Mutual Consent Divorce

Introduced in 1976 under the Hindu Marriage Act, this allows both parties to file jointly for divorce.

Conditions include:

• Living separately for over a year
• Inability to live together
• Mutual agreement to dissolve the marriage

This allows for quicker resolution avoiding prolonged litigation.

Maintenance and Alimony

Maintenance Pendente Lite

Under Section 24 of the Hindu Marriage Act, either spouse may claim temporary financial support during proceedings if they lack sufficient income.

Permanent Alimony

Permanent alimony may be granted in cases of judicial separation, divorce, or annulment.

The application can be filed during proceedings such as restitution, separation, or nullity.

Domestic Violence

Domestic violence includes abuse against wife, children, elderly, etc., in the household. Types include:

• Physical abuse (choking, beating, acid attacks)

• Verbal/emotional/sexual abuse

• Dowry harassment (leading to dowry deaths)

Legal Support and Advocacy

We provide assistance in resolving matrimonial issues through strategy and court representation.

Our services include:

• Regular updates to clients
• Legal guidance on rights
• Strategy for child custody, alimony, and divorce
• Support for NRIs and Indians abroad

Our team has expertise in Indian Matrimonial and Family Laws and offers services nationwide.

Some Landmark Judgements Under the Family and Divorce Law in Matrimonial Matters

1. FIR Against Family Members Requires Specific Allegations

In a notable judgment, the Gujarat High Court addressed the issue of implicating multiple family members in a matrimonial dispute. A wife filed an FIR under Sections 498-A, 323, 504, 506(2), and 114 of the IPC, along with Sections 3 and 7 of the Dowry Prohibition Act, naming ten family members as accused.

The Court emphasized that allegations must specify the role of each accused, especially when all family members are not living together. Roping in everyone without distinction or direct involvement is a misuse of the law.

2. Relief for Hindu Couples: Six-Month Waiting Period Not Mandatory

The Supreme Court clarified that the six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act is discretionary, not mandatory.

If both parties agree on issues like alimony, child custody, and property matters, and there is no hope of reconciliation, the lower courts can grant divorce without waiting for 180 days.

The Court stated: “If there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.”

3. Triple Talaq Declared Unconstitutional

In a historic verdict, the Supreme Court declared Triple Talaq (instant talaq) as unconstitutional, stating it violates the fundamental rights of Muslim women.

The judgment acknowledged that instant and irrevocable divorce without any scope of reconciliation causes irreparable harm to women’s dignity and security.

4. Divorce Among Christians Must Be Through Civil Court

The Supreme Court ruled that a divorce granted by an ecclesiastical tribunal (church authority) under Christian personal law is not legally valid.

Christian couples must approach a civil court to obtain a valid decree of divorce under the Indian Divorce Act.

5. Filing a False Criminal Complaint is Cruelty

The Bombay High Court upheld a divorce granted on the ground of mental cruelty, where the wife had filed a false criminal complaint to force the husband to return.

The husband was arrested and jailed for 7 days as a result. The Court ruled that such misuse of legal provisions constitutes clear cruelty, justifying divorce in favor of the husband.

Family and Divorce Law at Legal Help NRI is dedicated to helping individuals navigate the complexities of matrimonial issues, offering expert legal assistance in divorce, child custody, alimony, and related matters. The firm understands that family disputes can be emotionally challenging, especially for Non-Resident Indians (NRIs) involved in legal matters across borders. Below is a detailed overview of the services provided in Family and Divorce Law:

Services Provided:

1. Marriage and Divorce Laws:

Legal Help NRI offers assistance in marriage and divorce matters governed by personal laws such as the Hindu Marriage Act, Muslim Marriage Law, Indian Christian Marriage Act, and the Special Marriage Act. The firm guides individuals through the complexities of divorce petitions, including both contested and mutual consent divorce proceedings.

2. Restitution of Conjugal Rights:

When a spouse withdraws from marital society without reasonable cause, the firm helps the aggrieved party file a petition for Restitution of Conjugal Rights to restore the marital relationship under law.

3. Annulment of Marriage:

Legal Help NRI handles cases related to the nullity of marriage (void or voidable marriages), ensuring that clients understand the grounds and legal process for annulment, particularly in cases where the marriage was never valid or has been wrongly entered into.

4. Judicial Separation:

For those not seeking immediate divorce, but rather a temporary separation, the firm provides legal representation for Judicial Separation petitions. This allows for a break from the marital relationship while the final decision is pending.

5. Contested Divorce:

In cases of contested divorce, the firm represents clients on grounds such as adultery, cruelty, desertion, or mental disorders. The firm helps navigate complex divorce cases, ensuring fair settlements and protection of client rights.

6. Mutual Consent Divorce:

The firm facilitates Mutual Consent Divorce under the Hindu Marriage Act, where both spouses agree on dissolving the marriage, including settlement of alimony, child custody, and other financial matters.

7. Child Custody:

The firm specializes in child custody issues, which are often the most emotional and contentious aspects of family law. They assist in negotiating favourable custody arrangements for parents, ensuring the child’s well-being remains the primary concern.

8. Maintenance and Alimony:

The firm provides legal assistance with maintenance and alimony claims under relevant laws, ensuring fair financial support is provided to a spouse or child in case of divorce, separation, or judicial separation.

9. Domestic Violence:

Legal Help NRI offers support to those facing domestic violence, whether physical, emotional, or psychological abuse. They help file cases under the Protection of Women from Domestic Violence Act and offer legal counsel for victims of dowry harassment, verbal abuse, and physical harm.

10. Cross-Border Matrimonial Disputes:

For NRIs or foreign nationals involved in matrimonial issues under Indian jurisdiction, the firm handles international divorce, annulment, child custody, and alimony disputes, ensuring compliance with Indian family laws and offering cross-border legal solutions.

11. Alimony and Financial Support:

The firm ensures that clients receive permanent alimony or interim financial support during ongoing proceedings, helping individuals secure financial support for themselves and their children.

12. Legal Representation and Counselling:

Legal Help NRI offers expert legal representation, ensuring that all procedural formalities are handled with precision and that clients are kept informed throughout the divorce, annulment, or separation process. Their matrimonial lawyers are committed to providing regular updates and tailored strategies for the best outcomes.

Why Choose Legal Help NRI?

• The firm brings deep expertise in Indian matrimonial and family laws, offering customized solutions for both Indian and Non-Resident Indian (NRI) clients.
• Their experienced matrimonial lawyers help clients navigate through emotional and legal complexities, aiming for a resolution that balances legal rights and personal well-being.
• The firm offers reliable advice, ensuring the best possible strategy for issues like child custody, maintenance, and divorce settlements.

With an in-depth understanding of both Indian and international family law, Legal Help NRI is a trusted partner for NRIs seeking resolution of family disputes. The firm’s approach is empathetic, practical, and legally sound, ensuring clients receive comprehensive support throughout their family law proceedings.