Practice area

Matrimonial & Family Law

Divorce by mutual consent and contested divorce, maintenance, custody and guardianship, domestic violence proceedings, and defence of cruelty cases.

Hindu Marriage Act 1955 · Special Marriage Act 1954 · BNSS s. 144 · PWDV Act 2005 · Guardians and Wards Act 1890

Overview

Family disputes need legal precision and discretion. The firm acts in divorce, maintenance, custody and domestic violence matters before the Family Court and the criminal courts, and encourages settlement and mediation where that serves the family better.

Statutory framework

  • Hindu Marriage Act, 1955 — Section 13 (divorce), Section 13B (mutual consent), Section 9 (restitution of conjugal rights) and Sections 24 and 25 (maintenance).
  • Special Marriage Act, 1954 and personal laws as applicable.
  • Section 144, BNSS 2023 (formerly Section 125 CrPC) — maintenance for wife, children and parents.
  • Protection of Women from Domestic Violence Act, 2005 — protection, residence and monetary relief.
  • Sections 85 and 86, BNS 2023 (formerly Section 498A IPC) — cruelty.
  • Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 — custody and guardianship.

Common situations

  • Divorce by mutual consent.
  • Contested divorce on grounds such as cruelty or desertion.
  • Claims for maintenance and enhancement or reduction of maintenance.
  • Custody and visitation of children.
  • Domestic violence complaints and their defence.

How the process usually runs

  1. First meeting and review of the marriage and financial documents.
  2. Attempt at settlement or mediation where suitable.
  3. Petition before the Family Court or Magistrate.
  4. Interim relief — maintenance pending the case, custody or protection orders.
  5. Evidence, decree and execution.

Documents to keep ready

  • Marriage certificate or proof of marriage
  • Income proof of both parties, where available
  • Children’s birth certificates and school records
  • Records of any incidents, including medical papers
  • Earlier orders or complaints

Frequently asked questions

How long does a mutual consent divorce take?

The Act provides a six-month interval between the first and second motions, which the court may waive in suitable cases.

Can maintenance be increased later?

Yes. Either party can seek a change in maintenance when circumstances change; enforcement proceedings are available if it is not paid.

Who decides custody of a child?

The court decides on the welfare of the child as the paramount consideration, and often grants visitation rights to the other parent.

Office

S & S Legal Advisors LLP

1st Floor, Priyadarshani Market, Khudiram Pally Road, Ward 11, Hakim Para
Siliguri, West Bengal – 734001

+91 94740 89541
sandslegaladvisors@gmail.com

Monday to Saturday, 8:30 AM – 5:30 PM

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