Family Lawyer in Pune

Maintenance, child custody, domestic violence and guardianship in Pune

Family law matters in Pune are not always about divorce. A wife who has been sent back to her parents' home wants monthly support while she decides her future. Elderly parents in Kothrud or Aundh want their son to contribute to their upkeep. A father working in Hinjewadi has not seen his child for months since the mother moved out, while a mother wants to relocate with the child for a new job. Grandparents seek guardianship after a parent's death, and some women face physical, verbal or economic abuse at home and need protection immediately.

Maintenance can be claimed by a wife, minor children, adult children unable to maintain themselves, and parents under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 125 CrPC), which is a quick remedy regardless of religion. Hindus can also claim under the Hindu Adoptions and Maintenance Act, 1956, and interim maintenance can be sought during a divorce under Section 24 of the Hindu Marriage Act. Senior citizens may additionally use the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the Maintenance Tribunal. Courts look at the income, status and needs of both sides, and the Supreme Court has required both parties to file affidavits disclosing assets and liabilities.

Custody and guardianship are governed by the Guardians and Wards Act, 1890 and, for Hindus, the Hindu Minority and Guardianship Act, 1956. The court's guiding principle is the welfare of the child, which outweighs the rights of either parent. The Protection of Women from Domestic Violence Act, 2005 gives a woman civil remedies against physical, sexual, verbal, emotional and economic abuse, including protection orders, residence orders, monetary relief and temporary custody, without needing to file a criminal case.

Where these matters are heard in Pune

In Pune, maintenance applications under Section 144 BNSS, custody and guardianship petitions and claims under personal law are heard by the Family Court, Pune, because the Family Courts Act, 1984 gives it exclusive jurisdiction in areas where it has been set up. Applications under the Domestic Violence Act are ordinarily filed before the Judicial Magistrate First Class Courts in Pune, although the same reliefs can also be sought in a pending Family Court case. The complaint can be filed where the woman lives, even temporarily, where the respondent lives or where the violence took place. Your advocate will confirm the correct court for your locality.

An appeal against a Magistrate's order under the Domestic Violence Act lies to the District and Sessions Court, Pune within thirty days. Final orders of the Family Court are appealable to the Bombay High Court in Mumbai, and orders on maintenance under Section 144 BNSS can be challenged by way of revision before the High Court. Pune has no separate High Court bench. Maintenance orders are enforced by the same court, which can issue warrants to recover arrears.

How a family matter usually moves in Pune

1. Ensure immediate safety
   In case of violence, call 112 for police help or 181 for the women helpline. A Protection Officer appointed by the Maharashtra government or a registered service provider can help record a domestic incident report. Medical treatment and records should be obtained without delay.
2. Collect financial details
   Gather proof of the other party's income, such as salary slips, tax returns, business records or property details, and of your own expenses, including rent, school fees and medical costs. These decide the amount of maintenance.
3. File the application
   The advocate drafts the maintenance petition, custody petition or Domestic Violence Act application with supporting affidavits and documents, and files it in the Family Court or Magistrate Court in Pune. Interim relief is requested in the same application.
4. Interim orders
   Courts can grant interim maintenance, interim custody or visitation, and protection or residence orders early in the case. Both parties are usually directed to file affidavits of assets and liabilities. Interim orders give relief while the case continues.
5. Counselling and evidence
   The Family Court may refer the parties to counselling or mediation, and in custody cases the judge may speak to the child. If there is no settlement, evidence is led and witnesses are cross-examined.
6. Final order and enforcement
   The court passes a final order on maintenance, custody, guardianship or protection. If payments stop or visitation is denied, an execution or recovery application can be filed. Orders can be modified later if circumstances change.

Pune: local points to know

• Maintenance, custody and guardianship cases for Pune are heard at the Family Court, Pune, while Domestic Violence Act cases are usually filed in the Judicial Magistrate First Class Courts in Pune.
• Protection Officers under the Domestic Violence Act are appointed by the Maharashtra government, and the Women and Child Development set-up in Pune district can tell you who covers your area.
• Many Pune families have members working in IT and multinational companies, and courts often call for salary details directly from the employer when income is disputed.
• Senior citizens in Pune can seek maintenance from their children before the Maintenance Tribunal under the 2007 Act, which is usually presided over by a revenue officer at the sub-division level.
• Family Court proceedings in Pune may be in Marathi, Hindi or English, and children are usually interviewed by the judge in chambers in a language they understand.

Choosing and working with an advocate

Choose an advocate who regularly appears before the Family Court, Pune and the Magistrate Courts, and who is comfortable with both quick interim applications and long-term settlements. In custody matters, the advocate should be sensitive to the child's needs and to the emotional strain on the family. Ask for the advocate's enrolment number and the State Bar Council where they are enrolled. If you cannot afford an advocate, the District Legal Services Authority, Pune or the national legal aid helpline 15100 can help.

Agree the fee and scope of work in writing, including whether it covers interim applications, mediation, enforcement and appeals. Fees depend on the advocate and the matter, and you should take a receipt for every payment. Mara Vakil helps you find and contact enrolled advocates for a free first consultation. It is not a law firm, does not give legal advice and charges clients nothing to find or consult advocates.

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Questions people ask about family matters in Pune

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This page gives general information about the law in Pune, Maharashtra. 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.