Family disputes over maintenance, children and safety at home often need quick, careful handling. This page explains how such matters move through the Family Court and Magistrate Courts in Kolkata.
Divorce, maintenance, custody and other matrimonial cases in Kolkata are heard by the Family Courts in Kolkata. Family Lawyers in Kolkata advise on the law, draft the papers and appear for you. Booking a first consultation with an enrolled advocate through Mara Vakil is free.
Family matters in Kolkata are not limited to divorce. A wife who has left her matrimonial home may need monthly maintenance for herself and the children. Elderly parents may need support from sons or daughters who have stopped looking after them. Separated parents may disagree about which school a child attends, who the child lives with, or how often the other parent may visit. Women facing physical, verbal, emotional or economic abuse at home may need urgent protection, a right to stay in the shared household, and financial relief.
Several laws apply. Maintenance for wives, children and parents who cannot maintain themselves can be claimed under Section 144 BNSS (old Section 125 CrPC), which applies to people of every religion. Hindus can also claim maintenance under the Hindu Adoptions and Maintenance Act, 1956. Custody and guardianship are governed by the Guardians and Wards Act, 1890 and, for Hindus, the Hindu Minority and Guardianship Act, 1956. The Protection of Women from Domestic Violence Act, 2005 provides protection orders, residence orders, monetary relief, custody orders and compensation.
In every custody dispute the court's guiding principle is the welfare of the child, not the rights of either parent. The court looks at the child's age, health, education, emotional bonds and stability, and may speak to older children directly. In maintenance cases the court considers the income and assets of both sides, the reasonable needs of the claimant and the standard of living during the marriage, and both parties must file affidavits disclosing their assets and liabilities.
In Kolkata, maintenance claims, custody and guardianship petitions and most other family disputes are heard by the Family Court, Kolkata. Applications under the Domestic Violence Act are filed before the Metropolitan Magistrate with jurisdiction over the area where the woman lives, where the respondent lives, or where the violence took place, and many such cases in the city begin at the Chief Metropolitan Magistrate Court at Bankshall Street. For addresses in South 24 Parganas, the Alipore courts may be the correct forum, and your advocate will confirm this. Guardianship petitions concerning a child's property are also heard by the Family Court, which can permit or refuse the sale of a minor's share.
An appeal against an order of the Family Court lies to the Calcutta High Court. Under the Domestic Violence Act, an appeal against the Magistrate's order lies to the Court of Session within 30 days, and further remedies are available before the High Court. Orders for maintenance can be varied later if circumstances change, such as a change in income or the needs of the child.
Calcutta High Court
Family Court; Magistrate Court for Domestic Violence Act cases
Bengali, Hindi and English
Family matters need both legal skill and sensitivity, so choose an advocate who regularly appears before the Family Court, Kolkata and the Metropolitan Magistrate courts. Ask for the advocate's enrolment number and confirm it with the Bar Council of West Bengal. A good advocate will explain which remedies overlap, which one gives the fastest relief, and how to protect the children from the stress of litigation.
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You can file under Section 144 BNSS (old Section 125 CrPC) before the Family Court, Kolkata, and Hindus can also claim under the Hindu Adoptions and Maintenance Act. The court can grant interim maintenance while the case is pending. Both parties must disclose their income and assets on affidavit. Arrears can be recovered through the court if payment is not made.
Yes. Parents who cannot maintain themselves can claim under Section 144 BNSS. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also provides a separate route through a tribunal, and your advocate will advise which is suitable. The tribunal route under the 2007 Act is designed to be simpler and quicker for elderly parents.
An application under the Domestic Violence Act is filed before the Metropolitan Magistrate with jurisdiction over where you live, where the respondent lives or where the violence happened. You can approach a Protection Officer for help with the Domestic Incident Report. The Magistrate can grant protection, residence and monetary orders, sometimes on an interim basis at the first hearing.
The Family Court decides custody based on the welfare of the child. The court considers the child's age, schooling, health and emotional ties, and the parent not given custody usually gets visitation rights. Visitation can include weekends, holidays and video calls, depending on what suits the child.
Under Hindu law the father is described as the natural guardian, but courts have held that the mother can act as guardian in many situations, including when the father is absent or uninterested. Custody of a young child is often given to the mother, though always on the facts. The court always looks first at the welfare of the child.
You can file an execution application for recovery of arrears. The court can issue a warrant for recovery and, in some cases, order detention for continued non-payment. Keep a record of every missed payment.
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This page gives general information about the law in Kolkata, West Bengal. It is not legal advice and is not an advertisement or solicitation by any advocate. Laws and court practice change; confirm details with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.
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