Legal matters concerning divorce, custody, maintenance, inheritance, and succession fall under Personal Laws, as they are closely tied to an individual’s religion and beliefs. In particular, marriage laws are considered highly personal in nature. India has several marriage-related laws, including:
- Hindu Marriage Act, 1955
- Indian Divorce Act, 1869
- Muslim Marriage Act, 1957
- Special Marriage Act, 1954
- Foreign Marriage Act, 1969
- Indian Christian Marriage Act, 1872
- Dissolution of Muslim Marriage Act, 1939
When disputes arise between spouses, they often lead to multiple legal cases. These may include both civil and criminal litigations, such as custody disputes, domestic violence claims, dowry-related issues, and property conflicts. Below is a detailed overview of how such disputes are handled under criminal and civil law:
Matrimonial Disputes Under Criminal Law
- Criminal Complaints under Section 498A and 406 of the IPC
Cases involving cruelty or dowry-related harassment are often filed under these sections, with proceedings initiated before the Crime Against Women (CAW) Cell and Magistrate courts. - Complaints Under the Domestic Violence Act, 2005
Victims of domestic violence can seek relief and protection through this legislation. - Cases Under the Dowry Prohibition Act
Legal action can be taken against individuals demanding or giving dowry. - Maintenance Applications Under Section 125 of the CrPC
Wives can file for maintenance under this section to ensure financial support during or after a matrimonial dispute. - Bail and Anticipatory Bail Matters
Assistance is provided for filing or defending bail and anticipatory bail applications at any level, including sessions courts, High Courts, and the Supreme Court. - Other Complaints Under Relevant IPC Sections
Various criminal complaints applicable to the unique circumstances of a matrimonial dispute can also be filed or defended.
Matrimonial Disputes Under Civil Law
- Divorce Petitions Under Section 13 and 13B of the Hindu Marriage Act (HMA)
This includes contested divorces (on grounds like cruelty, adultery, desertion, or mental disorders) and mutual consent divorces. - Custody Petitions Under the Guardianship and Wards Act, 1955
Legal support for obtaining custody of children in contested cases. - Applications for Interim Maintenance and Expenses Under Section 24 of the HMA
Wives can seek interim financial support during ongoing proceedings. - Applications for Restitution of Conjugal Rights Under Section 9 of the HMA
Legal recourse for restoring marital relations. - Applications for Judicial Separation Under Section 10 of the HMA
Separation without divorce can be sought under this section. - Applications for Declaring Marriages Void Under Section 12 of the HMA
Legal support for nullifying marriages deemed invalid. - Partition Suits for Jointly Owned Property
Disputes over shared properties between spouses are resolved through civil suits.
Our Expertise in Matrimonial Law
At Legals365, we handle matrimonial cases with a comprehensive approach, covering divorce, maintenance, custody, domestic violence, and property disputes. Approximately 50% of our practice focuses on matrimonial disputes, including Section 498A cases, bail applications, trials, and mediation efforts.
Focus on Mediation and Conciliation
We encourage amicable resolutions through pre-litigation mediation under the Delhi Mediation Rules, leveraging mediation centers in district and high courts to resolve disputes efficiently. Our firm believes that mediation allows both parties to resolve conflicts with dignity, ensuring a win-win outcome.
Types of Divorce Under the HMA
Contested Divorce
Under Section 13 of the Hindu Marriage Act, a contested divorce can be initiated on grounds such as cruelty, desertion, mental disorder, adultery, or renunciation of the world.
Mutual Consent Divorce
Section 13B allows for a divorce by mutual consent when spouses agree to dissolve their marriage amicably, provided they have been living separately for at least one year.
Additional Legal Services in Matrimonial Matters
We also assist our clients in:
- Marriage registrations in Delhi and NCR
- Inter-religion conversions and marriages under the Special Marriage Act
- Legal protection for couples facing threats due to marriage
- Adoption, guardianship, and custody matters
- Khula (divorce) under Muslim law
- Succession certificates and wills
- Property disputes and partition suits
- Drafting and registration of legal documents such as wills, gift deeds, and relinquishment deeds
At Legals365, we strive to provide one-stop legal solutions for all matrimonial disputes, ensuring expert guidance, tailored strategies, and client-focused representation at every stage.