Divorce & Family Law

Maha Law Associates (MLA) focus is more on acquiring a comprehensive understanding of the client’s business, culture and needs to provide them the best tailor-made solution & assistance in legal matters. With more than a decade of experience of its team, MLA’s family law practice is one of the most reliable and highly regarded in the country. Our team of family lawyers have handled all facets of matters ranging from divorce, maintenance, guardianship to domestic violence, cruelty, 498A etc. We understand that clients often require localized legal advice, so we specialize in cross-border projects, providing complete support through our national and international network. Our litigation team and the family law experts provide assistance in the following areas:

• Mutual Consent Divorce • Contested Divorce • Annulment of Marriage • Maintenance • Child Custody • Domestic Violence Lawyer • 498A & allied criminal proceedings • Judicial Separation • Restitution of Conjugal Rights • Transfer Petition in Supreme Court • Divorce Petition Drafting • Counseling & Mediation • Foreign Divorce • NRI Legal Services • NRI Legal Support

1. Restitution of Conjugal Rights

If either spouse has, without reasonable cause, withdrawn from the society of the other, the aggrieved spouse can approach the court for restitution of conjugal rights. This enforces the rights that derive from the wedded state of the couple. The court would expect the explanation of the defence of ‘reasonable cause’ from the defendant.

2. Annulment of Marriage:

Annulment denotes making a voidable marriage null. However, if the marriage is void ab initio, then our team assists the clients in moving to a Court of competent jurisdiction to get a declaration of annulment.

3. Contested Divorce

Generally, in contested divorces, one party is interested in seeking divorce and the other is not in favor of the same. Under the concept of the contested divorce, the divorce is sought on the grounds of fault or guilt by one of the parties to the marriage.

4. Divorce by Mutual Consent

In a mutual consent divorce, the husband and wife mutually agree to separate and end the marriage. Under Section- 13B of the Hindu Marriage Act, 1955, a provision has been provided for mutual consent divorce wherein certain conditions must be satisfied by the parties to get a divorce. In addition, Section- 28 of the Special Marriage Act, 1954 and Section- 10A of the Divorce Act, 1869, also cater to mutual consent divorce.

Such joint petition is usually required to be filed before the District Court within whose jurisdiction the marriage was solemnized or where both the parties last resided together. The presence of both the parties at the time of first motion and the second motion is mandatory.

5. Solemnization of Marriage under various laws

Our experts also provide assistance in solemnization and registration of marriage under various laws including Special Marriage Act which is a ‘Special’ legislation in India. The said act enables a special form of marriage for the couples, following different religions, or desiring a civil form of marriage. The Act allows solemnization and registration of marriages which couldn’t be solemnized under the various religious customs. For example: Two Indian citizens having different religions can get married under this Act. One Indian Citizen and his/ her foreign national partner can also get married under the Act. Even two Foreign Nationals can get their marriage solemnized and registered under the said act.

6. Guardianship and Custody

MLA assists efficiently in drafting and filing of a Guardianship/Custody petition before the family court of competent jurisdiction. After gaining the requisite information as to the facts about the case a petition is drafted and the same is filed. Thereafter the matter is adjudicated as per the procedure and the arguments are concluded.

According to Section 19 of the Guardians and Wards Act, 1890 a father or a husband of a minor child or a minor wife respectively cannot be deprived of their natural guardianship unless the court finds them unfit to take care of the minor child or wife.

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