Matrimonial & Family Law

Practice Overview

Information Regarding Matrimonial & Family Law

Advocate RK & Associates provides structured legal guidance and litigation support in matrimonial and family law matters under Hindu Marriage Act, Special Marriage Act, Guardians and Wards Act, and Protection of Women from Domestic Violence Act. We assist clients in navigating sensitive family legal disputes through mediation and family court proceedings.

Mutual Consent Divorce

Drafting joint petitions, first and second motion proceedings under Section 13B of Hindu Marriage Act.

Contested Divorce Proceedings

Litigation in contested divorce cases based on cruelty, desertion, adultery, or mutual incompatibility.

Maintenance & Alimony (Sec 125 CrPC / BNSS)

Filing and contesting applications for interim and final maintenance for spouse and children.

Child Custody & Guardianship

Legal representation in child custody petitions, visitation rights, and guardianship disputes.

Domestic Violence & Restitution

Court proceedings under DV Act 2005 and Restitution of Conjugal Rights (Sec 9 HMA).

1. Initial Consultation

Understanding family dynamics, legal rights, and statutory remedies.

2. Pre-Litigation Mediation

Exploring alternative dispute resolution and settlement options.

3. Petition Drafting & Filing

Filing petitions before the Family Court at Roorkee & Haridwar.

4. Evidence & Trial

Presenting documentary proof, cross-examination, and final arguments.

How long does a Mutual Consent Divorce take to complete in Family Court?

A mutual consent divorce (Sec 13B HMA) generally takes around 6 months between the 1st Motion and 2nd Motion, though courts may waive the 6-month period under specific circumstances.

How is monthly maintenance calculated in family disputes? (भरण-पोषण कैसे तय होता है?)

Under Section 125 CrPC / BNSS, courts evaluate the income of both spouses, standard of living during marriage, financial liabilities, and reasonable needs of the dependent spouse and minor children.

What factors determine child custody in a divorce case?

Child custody is decided based on the overall welfare and best interests of the child, considering the child’s age, educational background, emotional bonding, and living environment offered by each parent.

Where are matrimonial and divorce petitions filed in Roorkee?

Matrimonial suits, maintenance petitions, and divorce applications arising in Roorkee are filed before the Family Court having jurisdiction over Roorkee and Haridwar district.

What is Stridhan and how can a woman claim it back?

Stridhan includes all gifts, jewelry, cash, and items presented to a woman before, during, or after marriage. It is her exclusive property, and a petition under Section 406 IPC / DV Act can be filed for its recovery.