Family Law
Sensitive and effective legal counsel for divorce, custody, maintenance, domestic violence, and matrimonial disputes.
Family law practice in Mumbai covers matrimonial disputes, maintenance, custody, guardianship, succession, and adoption under the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, the Indian Divorce Act, 1869, applicable Muslim, Parsi and Christian personal laws, the Hindu Succession Act, 1956, and the Guardians and Wards Act, 1890. The Family Courts at Bandra and Dindoshi exercise exclusive jurisdiction under the Family Courts Act, 1984.
Overview
Family law matters are among the most personal and emotionally charged legal issues a person can face. At K. H. Giri & Associates, our family law practice is built on a foundation of empathy, discretion, and legal excellence. We represent clients across Mumbai and Maharashtra in all aspects of family and matrimonial law, including divorce, custody, maintenance, adoption, and succession disputes.
India's family law framework is diverse, with different personal laws governing Hindus, Muslims, Christians, and Parsis, alongside secular legislation such as the Special Marriage Act, 1954. Our team has deep expertise across all these legal regimes and provides tailored advice based on each client's specific circumstances. We understand that every family situation is unique, and we work to achieve outcomes that protect our clients' rights while preserving relationships wherever possible.
What We Handle
- Contested and mutual consent divorce proceedings under the Hindu Marriage Act, 1955 and Special Marriage Act, 1954
- Child custody and visitation rights — applications under the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956
- Maintenance claims — interim and permanent maintenance under Section 125 CrPC (now BNSS) and personal laws
- Domestic violence proceedings under the Protection of Women from Domestic Violence Act, 2005
- Adoption matters under the Hindu Adoptions and Maintenance Act, 1956 and the Juvenile Justice Act, 2015
- Succession and inheritance disputes — Hindu Succession Act, 1956 and Indian Succession Act, 1925
- Restitution of conjugal rights and judicial separation
- Annulment of marriage on grounds of fraud, impotency, or mental incapacity
- Protection orders and residence orders for victims of domestic abuse
- Inter-faith and inter-caste marriage registrations and related disputes
Our Approach
We recognise that family disputes require a different approach than typical litigation. Our team prioritises negotiation and mediation to reach amicable settlements, particularly where children are involved. We have found that collaborative resolution not only reduces the emotional toll on families but also leads to more durable outcomes. When negotiation fails, however, we are prepared to advocate vigorously in court for our clients' rights.
Our family law attorneys work closely with clients to understand the full picture — financial circumstances, the well-being of children, and the long-term implications of every decision. We handle matters before the Family Court in Mumbai, the District Court, and the Bombay High Court with equal diligence and professionalism.
Key Legal Provisions
- Hindu Marriage Act, 1955 — marriage, divorce, restitution of conjugal rights, and judicial separation for Hindus
- Special Marriage Act, 1954 — secular marriage registration and divorce provisions
- Hindu Succession Act, 1956 (amended 2005) — inheritance and property rights, including equal rights for daughters
- Guardians and Wards Act, 1890 — appointment of guardians and custody of minors
- Protection of Women from Domestic Violence Act, 2005 — protection orders, residence orders, and monetary relief
- Hindu Adoptions and Maintenance Act, 1956 — legal framework for adoption and maintenance obligations
- Section 125 BNSS (formerly CrPC) — maintenance for wife, children, and parents
- Indian Succession Act, 1925 — succession law applicable to Christians, Parsis, and others
Our Team for This Practice
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Read More →Frequently Asked Questions
- What are the grounds for divorce under the Hindu Marriage Act, 1955?
- Section 13(1) of the Hindu Marriage Act provides fault-based grounds including adultery, cruelty, desertion for two years, conversion, unsoundness of mind, virulent and incurable leprosy or venereal disease, renunciation of the world, and presumption of death. Section 13B provides for divorce by mutual consent after one year of separation. A wife has additional grounds under Section 13(2) including bigamy and rape by the husband.
- How long does a contested divorce take in the Mumbai Family Court?
- A contested divorce before the Family Courts at Bandra or Dindoshi typically takes between two and four years to reach final disposal, depending on the contested grounds, witness evidence, and number of interim applications. Mutual consent divorces under Section 13B require a statutory waiting period of six months and a maximum of eighteen months between the two motions, though the Supreme Court has held the waiting period can be waived in appropriate cases.
- Who decides child custody in Mumbai and what factors are considered?
- The Family Court decides custody under the Guardians and Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956. The paramount consideration is the welfare of the child, including age, gender, education, emotional ties, financial capacity of the parents, and the child's stated preference if old enough. Children below five years are ordinarily kept with the mother. Both parents typically retain joint legal guardianship even where physical custody is with one.
- Can a wife claim maintenance during a pending matrimonial case?
- Yes. Section 24 of the Hindu Marriage Act, Section 36 of the Special Marriage Act, and Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 all permit a wife to claim interim maintenance and litigation expenses during the pendency of proceedings. The Family Court assesses maintenance based on the husband's income, the wife's needs, the standard of living during marriage, and the dependants of both parties.
- What is the difference between judicial separation and divorce?
- Judicial separation under Section 10 of the Hindu Marriage Act suspends the obligation of cohabitation without dissolving the marriage; the parties remain legally married and cannot remarry. Divorce under Section 13 dissolves the marriage entirely and the parties may remarry once the appeal period under Section 28 has lapsed. A decree of judicial separation can later be converted into a divorce decree under Section 13(1A) after one year.
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