Matrimonial & Family Law
Matrimonial & Family Law Advocate in Ghaziabad.
From mutual consent divorces to complex custody and maintenance trials, Vijay Kumar Sahlot & Associates protects client interests under established Indian family laws. We handle domestic violence and dowry matters before the Ghaziabad courts with careful preparation and considered advocacy.
What We Handle
What falls under matrimonial & family law.
Family law disputes in India are primarily governed by distinct personal statutes, including the Hindu Marriage Act, 1955, alongside community-specific legislation. Our practice covers:
- Mutual consent divorce (Section 13B, Hindu Marriage Act)
- Pre-marriage disputes
- Contested divorce on grounds of cruelty, desertion or adultery
- Interim and permanent maintenance / alimony
- Child custody and visitation rights
- Domestic violence protection orders (Protection of Women from Domestic Violence Act, 2005)
- Dowry Prohibition Act matters
- Restitution of conjugal rights and judicial separation
The Process
Understanding mutual consent divorce.
Many matrimonial disputes conclude with a formal settlement agreement. When both spouses mutually agree to separate, a petition for divorce by mutual consent is filed under Section 13B of the Hindu Marriage Act, 1955.
Filing the first motion
Both spouses jointly file a petition before the Family Court, accompanied by a formal settlement agreement detailing alimony, child custody and the division of matrimonial assets.
The statutory cooling-off period
The law provides for a six-month waiting period before the second motion can be moved, intended to allow a final opportunity for reconciliation. Courts may waive this period under specific circumstances, such as a long-standing prior separation.
The second motion and final hearing
Both parties reappear before the court to reaffirm their mutual consent. Once satisfied that all statutory requirements are met, the court proceeds to record the statements.
Issuance of the divorce decree
The court passes the final judgment, and the marriage is legally dissolved from the date of the decree. The process typically concludes within 6 to 18 months.
Facing a family law matter?
These matters are handled with sensitivity and in confidence. Describe your situation and we'll respond.
Common Questions
Family law questions.
While Section 14 of the Hindu Marriage Act generally mandates a one-year waiting period from the date of marriage, the court may grant special leave to file a petition earlier under exceptional circumstances. This is permissible only in cases where the petitioner faces exceptional hardship or where the respondent demonstrates exceptional depravity.
A mutual consent divorce typically takes between 6 to 18 months to conclude. This timeline includes a statutory six-month cooling-off period between the first and second motions, though courts have the discretion to waive this waiting period under specific circumstances. Both spouses are required to appear together before the court to record their statements for both motions.
Yes, a divorce can be granted without mutual consent by filing a contested petition on specific statutory grounds under Section 13 of the Hindu Marriage Act. These grounds include cruelty, desertion for two years or more, adultery, or an uncured mental disorder. Due to their complex nature and court caseloads, contested cases generally take anywhere from 2 to 5 years to resolve.
Indian family courts determine child custody based entirely on the paramount welfare and best interests of the child, rather than the inherent rights of either parent. The court evaluates the child's age, each parent's financial stability, the overall home environment, and the child's own preference if they are old enough to express it. The court may grant sole custody, joint custody, or structured visitation rights.
A spouse is legally entitled to claim both temporary and permanent financial support during and after the matrimonial dispute. Under Section 24 of the Hindu Marriage Act, a spouse can claim interim maintenance to cover living and legal expenses while the case is pending, followed by permanent alimony under Section 25 upon final dissolution. The court calculates these amounts based on the paying spouse's income, the requesting spouse's needs, and their shared standard of living, as there is no fixed formula.
Filing for a divorce requires a standard set of personal and legal records to initiate proceedings before the Family Court. These commonly include the original marriage certificate, address proofs for both spouses, recent passport-size photographs, and relevant financial or income disclosures. For mutual consent petitions, a signed settlement agreement covering alimony, child custody and asset division must also be attached to the initial filing.