Matrimonial & Family Matters
Common questions
How long does mutual consent divorce take in Chandigarh?
Under the Hindu Marriage Act, there is a six-month period between the first and second motion before the Family Court. The High Court may waive this period in appropriate circumstances. From filing to final decree, the process typically takes six months to about a year depending on the court's schedule and whether the cooling-off period is waived.
Can I get maintenance while the divorce case is still going on?
Yes. An application for interim maintenance can be filed during the pendency of matrimonial proceedings. The court considers income, standard of living, liabilities and the immediate needs of the applicant and dependent children when deciding the interim amount.
What happens to child custody during divorce proceedings?
The court makes interim custody and visitation arrangements while proceedings are pending. The final custody order is based on the welfare of the child, considering schooling, health, parenting arrangements and, where the child is of sufficient age, the child's own preference.
My spouse is in a different city. Where do I file for divorce?
A matrimonial petition can be filed where the marriage was solemnised, where the parties last resided together, or where the respondent currently resides. If there are safety concerns or the convenience of one party requires it, a transfer petition can be filed before the Punjab & Haryana High Court.
Can my wife or I recover jewellery and articles after separation?
Stridhan (jewellery, gifts and articles belonging to the wife) can be recovered through proceedings before the civil court or as part of a domestic violence application. Maintaining a record of these items with bills, photographs and lists is important when pursuing recovery.
Matrimonial and family law proceedings are conducted before the competent District Courts, Family Courts and the High Court, depending on the nature of relief and stage of proceedings.
Initial review
- Marriage, address and identity documents.
- Prior complaints, FIRs, petitions, notices and court orders.
- Income, child-related and settlement documents.
Forums
- Family Courts and District Courts, Chandigarh.
- Punjab & Haryana High Court for appeals, transfers and connected remedies.
Mutual Consent Dissolution of Marriage under the Hindu Marriage Act, 1955
Settlement terms are reviewed for permanent alimony, custody, visitation, return of articles, withdrawal of pending proceedings and timing of motions before the Family Court.
Contested Matrimonial Petitions
Contested petitions require a clear chronology, pleadings, documentary support and interim applications. Matters may involve cruelty, desertion, restitution, judicial separation or connected reliefs.
Child Custody and Guardianship under the Guardians and Wards Act
Custody issues are presented with reference to the welfare of the child, schooling, health, care arrangements, visitation and practical parenting schedules.
Maintenance Proceedings under Section 125 BNSS
Maintenance claims are assessed through income record, liabilities, standard of living, dependency and previous orders or settlement terms.
Domestic Violence, Protection and Safety Concerns
Proceedings may involve protection, residence, monetary relief, custody, return of articles and urgent family-related protection where facts require it. The pleadings are coordinated with parallel matrimonial or criminal matters.
Stridhan and Matrimonial Property Rights
Claims concerning jewellery, articles, shared household and property arrangements are prepared with lists, communications, bills, bank material and settlement record where available.
Inter-Court Transfers and Mediation in Matrimonial Disputes
Transfer petitions and mediation proceedings are handled where convenience, safety, connected proceedings or settlement discussions require court intervention.
Matrimonial & family matters
Family court proceedings, mutual consent divorce, custody and maintenance before District Courts and Punjab & Haryana High Court. Call +91 75890 63567.