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Matrimonial disputes can be emotionally difficult and legally complex. A disagreement between spouses may involve several interconnected issues, including divorce, child custody, visitation, alimony, maintenance, property and asset disputes, family conflicts and settlement negotiations.
At Legal Basta Law Firm, our matrimonial legal services are designed to help individuals understand their legal position, evaluate their options and pursue an appropriate legal strategy based on the circumstances of their case.
Whether you are considering mutual consent divorce, facing a contested divorce, dealing with a child custody dispute, seeking or responding to an alimony or maintenance claim, or facing a broader matrimonial dispute, Legal Basta provides legal assistance tailored to the matter.
The existing Legal Basta page identifies divorce, child custody, alimony, family disputes and property/asset division as key matrimonial services and emphasizes personalized legal strategies, clear communication and representation where required.
Legal Basta Law Firm provides expert matrimonial legal services including divorce, child custody, alimony, and family dispute resolution. Contact us for expert family law assistance.
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Legal Basta Law Firm provides legal assistance to individuals dealing with divorce and related matrimonial disputes in Delhi. The legal strategy is developed after considering the nature of the marriage, applicable personal law, facts of the dispute, available evidence and the client's desired outcome.
Depending upon the circumstances, divorce-related proceedings may involve the Hindu Marriage Act, 1955, Special Marriage Act, 1954, applicable personal laws, Family Court procedures and other relevant legislation.
For marriages governed by the Hindu Marriage Act, Section 13 provides for divorce, while Section 13B specifically deals with divorce by mutual consent. Section 19 deals with the court before which a petition may be presented, and Sections 24 and 25 address maintenance during proceedings and permanent alimony. Section 26 deals with custody of children and Section 27 concerns disposal of property in specified circumstances.
Mutual consent divorce, Contested divorce, Cruelty allegations, Desertion, Adultery-related allegations, Matrimonial misconduct, Maintenance and alimony, Child custody, Child visitation, Property and financial disputes, Domestic violence proceedings, Criminal complaints arising from matrimonial disputes, Settlement and mediation, Appeals and other appropriate remedies
A mutual consent divorce may be considered where both spouses genuinely agree that the marriage should be dissolved and are able to reach agreement regarding the consequential issues.
For marriages governed by the Hindu Marriage Act, Section 13B provides the statutory framework for divorce by mutual consent.
A mutual consent divorce is not simply about agreeing to end the marriage. The parties may also need to resolve practical and financial issues.
A poorly drafted settlement may leave important issues unresolved and can create further litigation.
A carefully prepared settlement should clearly state the parties' agreement regarding matters such as:
Divorce + Maintenance + Custody + Visitation + Property + Personal Belongings + Pending Proceedings
The BNS does not provide the mechanism for mutual consent divorce. Divorce is governed by the applicable matrimonial law.
However, a matrimonial settlement may arise in a case where criminal allegations have also been made. Such criminal allegations require independent legal consideration, and whether a particular criminal proceeding can be withdrawn, compounded, quashed or otherwise resolved depends upon the nature of the offence and applicable law.
Child custody is one of the most sensitive issues arising in matrimonial disputes. Parents may disagree about where a child should live, who should make important decisions, how visitation should occur and how educational or medical expenses should be managed.
For proceedings governed by the Hindu Marriage Act, Section 26 specifically concerns custody, maintenance and education of minor children in proceedings under the Act.
Custody issues may also involve other applicable guardianship and family-law legislation.
Where a custody dispute also involves domestic violence allegations, the Protection of Women from Domestic Violence Act, 2005 contains provisions concerning custody orders under Section 21 and interim/ex parte relief under Section 23.
Financial support is often one of the most disputed issues in matrimonial proceedings.
Legal Basta assists both individuals seeking financial relief and individuals responding to maintenance or alimony claims.
For proceedings under the Hindu Marriage Act:
Section 24 concerns maintenance pendente lite and expenses of proceedings.
Section 25 concerns permanent alimony and maintenance
The Bharatiya Nagarik Suraksha Sanhita, 2023 contains a separate statutory mechanism for maintenance.
BNSS Section 144 concerns an order for maintenance of wives, children and parents. Sections 145–147 address procedure, alteration and enforcement of maintenance orders.
This distinction is important for website content: BNSS Section 144 should not be described as a BNS provision. It is part of the criminal procedure code, BNSS.
Property disputes can significantly complicate matrimonial litigation, particularly where spouses have jointly acquired assets or disagree about ownership, contribution or possession.
For proceedings under the Hindu Marriage Act, Section 27 deals with disposal of property presented at or about the time of marriage that may belong jointly to both husband and wife, subject to the statutory requirements.
However, not every property dispute between spouses automatically falls within Section 27. Ownership, title and the nature of the asset must be examined separately.
Where jewellery, gifts or other property belonging to a woman are allegedly withheld, the matter may involve matrimonial, civil, domestic-violence and potentially criminal-law considerations depending upon the facts.
Provides matrimonial remedies for persons to whom the Act applies, including divorce and other matrimonial proceedings.
Relevant to marriages solemnized under the Special Marriage Act and associated matrimonial remedies.
May become relevant to maintenance issues covered by the Act.
Provides statutory remedies in matters falling within its scope.
If you are facing a matrimonial or family law issue, don’t hesitate to contact Legal Basta Law Firm. Our experienced matrimonial lawyers will provide you with the guidance and support you need to navigate these complex legal issues.
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