Matrimonial & Family Law

Mediation and Family Law

We Help You Turn the Page.

At Abhattlawfirm, we understand that a matrimonial dispute is not just a lawsuit; it is a life crisis. Our approach is distinct: Mediation First, Litigation Strong.

We strive to resolve disputes amicably through Mutual Consent to save you years of court trauma and expense. However, when an amicable settlement is impossible—whether due to cruelty, adultery, or unreasonable demands—we transform into aggressive litigators to safeguard your rights. From high-net-worth settlements to complex child custody battles, we are the steady hand you need in the storm.

A. Divorce Proceedings & Conjugal Rights

Divorce Proceedings

Mutual Consent Divorce (Section 13B): The fastest, most dignified way to separate. We draft ironclad Memorandums of Understanding (MoU) that clearly define asset division and custody terms, ensuring the divorce is granted in as little as 6 months.

Contested Divorce (Section 13): When one party refuses to separate, we fight on statutory grounds such as Cruelty (Mental/Physical), Adultery, Desertion, or Conversion. We specialize in gathering the necessary evidence (digital or forensic) to prove these grounds in court.

Restitution of Conjugal Rights (Section 9): If your spouse has left the shared household without a valid reason, we file for Restitution to legally compel them to return. This is often a strategic first step in saving a marriage or establishing grounds for future divorce.

B. Child Custody & Financial Security

Child Custody and Maintenance

Custody Battles: We argue for the "Best Interest of the Child." Whether you are seeking Sole Custody or Shared Parenting, we build a case demonstrating your financial and emotional capability to raise the child.

Visitation Rights: For non-custodial parents, we ensure enforceable visitation schedules (weekend/holiday access) so your bond with your child remains unbroken.

Alimony (One-time Settlement): We help calculate a fair "Permanent Alimony" based on the standard of living, duration of marriage, and assets of both parties.

Maintenance (Section 125 CrPC): Securing interim maintenance during the trial so you are not financially starved out by your spouse while the case is pending.

Asset Protection: Preventing the other spouse from selling or hiding joint assets (like houses or mutual funds) during the divorce proceedings.

The NRI Wing: Cross-Border Disputes

We have a dedicated team for Non-Resident Indians handling complex jurisdictional issues.

Ex-Parte Divorce Handling cases where one spouse has abandoned the partner in India, ensuring legal recourse even in their absence.

Jurisdiction Battles Challenging foreign divorce decrees in Indian courts if they were obtained fraudulently or without your participation.

Video Conferencing Facilitating court appearances via video link so you don't have to travel to India for every single hearing.

"Pre-Litigation Checklist": Before You File

📋 DOCUMENTATION IS KEY: If you are considering a separation, ensure you have these documents ready to strengthen your position:

1. Financial Proofs: ITRs (3 years), Bank Statements, Salary Slips, and a list of investments (Mutual Funds/FDs).

2. Stridhan List: A detailed list of jewelry and gifts given to the wife during marriage (bills/photos are crucial).

3. Marriage Proof: Marriage Certificate and Wedding Invitation Card/Photos.

4. Evidence of Cruelty: Medical reports (if physical abuse), screenshots of abusive chats, or recordings (admissible under Section 65B).

Frequently Asked Questions (FAQ)

A: Typically 6 to 18 months. There is a mandatory "Cooling Off Period" of 6 months, but Abhattlawfirm can help file a waiver application to reduce this time in urgent cases.

A: Yes. While courts often lean towards mothers for children under 5 (tender years doctrine), a father can win custody by proving he offers a better environment for the child's education, health, and emotional growth.

A: We work with forensic accountants to trace hidden assets and file an application under the Rajnesh vs. Neha Supreme Court judgment, which mandates both parties to file detailed Affidavits of Assets and Liabilities. Lying on this affidavit invites perjury charges.