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10Advisory

Family & Matrimonial Matters

Discreet, considered representation in matrimonial and family matters.

Family and matrimonial matters call for a discreet, considered approach that is sensitive to the personal nature of these disputes while remaining focused on the client’s legal position. We advise and represent clients across contentious and consent-based family proceedings.

Services and matters handled

  • Divorce and judicial separation
  • Maintenance and alimony matters
  • Child custody and guardianship
  • Matrimonial property matters
  • Domestic violence proceedings

How a matter of this kind proceeds

  1. Confidential consultation

    Initial consultation

    We establish the position, the immediate risks — to safety, to children, to assets — and what you actually want the outcome to be.

  2. Urgent protection where needed

    Same week where urgent

    Where there is a question of safety, residence or immediate maintenance, protective applications take priority over everything else.

  3. Proceedings or settlement

    Governed by court listing

    Petitions are filed in the family court, with mediation or a negotiated settlement pursued in parallel where that serves the client and any children involved.

  4. Decree and ancillary relief

    Governed by court listing

    Custody, maintenance and property issues are resolved alongside or after the principal relief.

Timelines are indicative only. Listing and hearing dates are set by the court or tribunal concerned and are outside the firm’s control.

Who you would work with

Rajiv Bajaj, Founder / Principal Counsel

Rajiv Bajaj

Founder / Principal Counsel

Common questions

Will these proceedings be public?

Family court proceedings are ordinarily held in camera, and the court can restrict publication of matters concerning the parties and any children. Discretion is also a matter of how a case is run, and we run these matters accordingly.

How is custody decided?

The court's governing consideration is the welfare of the child, not the preference of either parent. Age, existing arrangements, the child's own wishes where old enough, and the capacity of each parent to provide care are all weighed.

Is a mutual consent divorce quicker?

It is ordinarily simpler and less contested, and proceeds in two motions with a statutory interval between them that the court may in appropriate cases waive. It requires agreement on the ancillary issues — maintenance, custody and property — which is where the real negotiation usually sits.

Writing on family & matrimonial matters

Family & matrimonial

Dissolving a Dead Marriage: Article 142 and Irretrievable Breakdown in Indian Divorce Law

Indian law has no "irretrievable breakdown" divorce ground, but since Shilpa Sailesh (2023) the Supreme Court can end a dead marriage under Article 142, even over one spouse's objection, as in Neha Lal (2026). It is discretionary, only the Supreme Court can use it, and maintenance, custody and property need settling

Shivani Bardia, 8 min read

Writing on family & matrimonial matters

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A family & matrimonial matters matter of your own?

Write to us with a short description of it, and we will tell you what it turns on and what the options are. Nothing sent through this site is a retainer.

+91 98108 06329

Monday – Saturday, 10:00 AM – 6:30 PM

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