Family & Matrimonial Law

Yes. If the marriage is governed by the Hindu Marriage Act, 1955, the fact that your spouse lives in another city does not by itself prevent you from filing for divorce. A divorce petition may generally be filed in the court having jurisdiction where the marriage was solemnized, where the respondent resides, or where the couple last resided together. If the wife is the petitioner, she may also file where she is residing when the petition is presented.

There is no automatic rule that custody always goes to the mother or the father. Indian courts decide custody based primarily on the best interests and welfare of the child, considering factors such as the child’s age, needs, relationship with each parent, stability, education, and each parent’s ability to provide proper care.

For a first consultation regarding a divorce or matrimonial matter, it is helpful to bring:

• Marriage certificate, if available
• ID and address proof
• Wedding photographs or other proof of marriage
• Details/documents relating to children, if applicable
• Any previous court notices, petitions, orders, or legal correspondence
• Relevant police complaints or domestic-violence documents, if applicable
• Financial documents if maintenance/alimony is likely to be an issue
• A brief timeline of the marriage and major events/disputes
• Any important messages, emails, or other communications relevant to the matter

You don’t necessarily need every document before the first consultation. Bring whatever is readily available; the lawyer can identify what additional documents are required after understanding your case.

In divorce proceedings, the court considers the best interests and welfare of the child when deciding custody, visitation, and related arrangements. Factors may include the child’s age, education, emotional well-being, relationship with each parent, and the ability of each parent to provide a safe and stable environment. Depending on the circumstances, the court may grant physical custody to one parent while allowing visitation or other access to the other parent.

At Bakshi & Associates, we provide legal guidance on divorce, child custody, visitation rights, maintenance, and other family and matrimonial law matters, helping clients understand their legal options and navigate the court process.

A person facing domestic violence may seek legal protection and other appropriate reliefs through the courts. Under the Protection of Women from Domestic Violence Act, 2005, available remedies can include protection orders, residence orders, monetary relief, compensation and custody-related orders, depending on the circumstances of the case.

Yes. Depending on the circumstances, the court may allow both parents to remain involved in the child’s upbringing through joint custody, shared parenting or appropriate visitation arrangements.

An eligible spouse may be able to claim maintenance depending on the applicable law, financial circumstances and other facts of the case. A divorced woman who has not remarried may also qualify under certain statutory provisions.

Commonly required documents may include proof of age, identity and address, photographs and other declarations or documents required by the Marriage Officer. Additional documents may be required depending on the circumstances of the couple.