Family Law & Succession Matters
Family disputes are emotionally difficult, and inheritance cases can tear families apart. These aren't just legal matters—they involve relationships, emotions, and sometimes decades of unresolved issues. We handle divorce, child custody, maintenance, property succession, and will-related disputes with a balance of legal firmness and practical sensitivity.
Personal laws in India vary by religion—Hindu law, Muslim law, Christian law, and special marriage laws all have different rules for marriage, divorce, and succession. We're familiar with these variations and can guide you through whichever applies to your situation.
Divorce & Matrimonial Matters
If your marriage has broken down and divorce seems inevitable, knowing your rights and options matters. Indian law allows divorce on various grounds, and the process differs depending on whether it's contested or mutual consent.
- Mutual Consent Divorce: Quickest option if both spouses agree, filed under Section 13B of the Hindu Marriage Act or Section 28 of the Special Marriage Act
- Contested Divorce: When one party contests, based on grounds like cruelty, adultery, desertion, mental disorder, or irretrievable breakdown
- Judicial Separation: Legal separation without formal divorce, allowing time before making a final decision
- Nullity of Marriage: Declaring a marriage void or voidable under applicable personal laws
- Restitution of Conjugal Rights: Court orders requiring spouses to resume cohabitation (though rarely effective in practice)
- Divorce under Personal Laws: Muslim law (talaq, khula), Christian law (Indian Divorce Act), and Parsi law
Child Custody & Maintenance
When parents separate, child custody becomes a major issue. Indian courts decide custody based on the child's welfare—not just the parents' wishes. We represent parents seeking custody or visitation rights and help negotiate arrangements that work for everyone involved.
- Child Custody: Physical custody, legal custody, joint custody, and visitation rights under the Guardians and Wards Act, 1890
- Child Maintenance: Financial support for children under Section 125 CrPC or applicable personal laws
- Spousal Maintenance/Alimony: Interim and permanent alimony under Section 24 and Section 25 of the Hindu Marriage Act, or Section 125 CrPC
- Custody Disputes: Contested custody hearings, relocation disputes, and enforcement of custody orders
Property Succession & Inheritance
When someone dies, their property passes to legal heirs according to succession laws. If there's a will, it governs distribution. If there's no will, the law decides who inherits. Inheritance disputes are common—siblings fighting over ancestral property, challenges to wills, claims by estranged relatives.
- Will Drafting: Preparing legally valid wills that clearly state how property should be distributed
- Probate & Letters of Administration: Obtaining probate from court to execute a will or letters of administration when there's no will
- Succession Certificates: Applying for succession certificates to claim movable assets like bank deposits and securities
- Hindu Succession: Inheritance under the Hindu Succession Act, 1956—covering Hindus, Buddhists, Jains, and Sikhs
- Muslim Succession: Inheritance under Muslim Personal Law (Shariat) based on Quranic shares
- Christian & Parsi Succession: Governed by the Indian Succession Act, 1925
- Will Challenges: Contesting wills on grounds of undue influence, fraud, lack of testamentary capacity, or forgery
- Partition Suits: Dividing joint family property or ancestral property among legal heirs
Adoption & Guardianship
Adoption in India is governed by different laws depending on religion. Hindu adoption follows the Hindu Adoption and Maintenance Act, 1956, while others follow the Guardians and Wards Act or the Juvenile Justice Act for adoption of orphaned children.
- Adoption under Hindu Adoption and Maintenance Act
- Adoption of orphaned and abandoned children under JJ Act
- Guardianship proceedings for minors
- Inter-country adoption procedures
Our Approach
Family matters require a different approach than commercial litigation. We listen carefully, explain your legal position honestly, and explore settlement options when possible. Not every dispute needs to be fought in court—sometimes, negotiated agreements work better for everyone, especially when children are involved.
But when someone's being unreasonable or trying to deprive you of your rightful inheritance, we won't hesitate to take the matter to court and fight for you. Whether it's a divorce, custody battle, or property succession dispute, we'll guide you through it.