Family Lawyer in India

When a family dispute starts: what to do first

Most people who search for a family lawyer are in the middle of something: a wife has been sent back to her parents' home, a husband has stopped paying for the children, an elderly father is being pushed out of his own house, or a couple who married against their families' wishes are being threatened. The first steps are similar in all of these.

Put safety first

If you or a child are in danger, call 112 for the police or 181 for the women's helpline before you do anything else. The National Commission for Women also takes complaints. Legal steps can follow once you are safe. A court can pass protection orders quickly, but no court order is faster than leaving a dangerous place.

Write down what happened

Make a dated note of the main events: when you married, where you lived, when the problems started, what was said or done, what money was paid or stopped, and who saw it. Family cases are decided on facts, and memory fades quickly under stress.

Collect the papers you can lawfully get

Marriage certificate or wedding photos, children's birth certificates and school records, your own bank statements and salary slips, property papers, medical records of any injury, and copies of any complaints you have already made. Do not break into anyone's phone, email or locker to get evidence. That can create a criminal case against you.

Do not sign family "compromises" in a hurry

Relatives often push for a quick written settlement, or ask an elderly parent to sign over property "for safety". Read everything, keep a copy and show it to your own advocate first. Once signed, these papers are hard to undo.

Take court papers seriously

A notice from a Family Court, a Magistrate, a Protection Officer or a Maintenance Tribunal has a date on it. Missing that date can mean an order is passed without hearing you. Take the papers to an advocate as soon as they arrive.

Maintenance: getting support for a wife, children or parents

Maintenance is the single most common family case in Indian courts, and for good reason: it decides whether a woman and her children can pay rent, school fees and doctors while everything else is being sorted out. The law gives several routes. They overlap, and an experienced advocate will usually pick one or combine two, rather than filing in every possible court.

The quick remedy: Section 144 of the BNSS

Since 1 July 2024, the old Section 125 of the Code of Criminal Procedure has been replaced by Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The idea has not changed. A person with sufficient means who neglects or refuses to maintain the following can be ordered to pay a monthly amount:

• a wife who is unable to maintain herself, including a divorced wife who has not remarried;
• children, whether born in or outside marriage, until they are majors, and adult children who cannot look after themselves because of a physical or mental condition;
• a father or mother who is unable to maintain themselves.

This is a summary proceeding meant to prevent destitution, so it is quicker and simpler than a full civil case. The court can also order interim maintenance and the expenses of the case while the application is pending. A wife living in adultery, or one who refuses to live with her husband without sufficient reason, or a couple living separately by mutual consent, may not get maintenance under this section. These exceptions are applied strictly and depend on evidence.

In Mohd. Abdul Samad v. State of Telangana (2024), the Supreme Court confirmed that a divorced Muslim woman can use this remedy as well, alongside her rights under the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Maintenance under personal law

For Hindus, the Hindu Adoptions and Maintenance Act, 1956 gives a wife a right to be maintained by her husband for life (Section 18), and lets her live separately without losing that right in situations such as cruelty, desertion or the husband keeping another wife. Section 20 obliges a Hindu to maintain his or her children and aged or infirm parents. A claim under this Act is a civil claim before the Family Court, and it can cover things the quick remedy does not, such as a share in the husband's property for residence.

During a divorce or judicial separation case, Sections 24 and 25 of the Hindu Marriage Act add interim maintenance and permanent alimony. The divorce page explains those in detail.

How courts fix the amount

There is no fixed formula or percentage. Courts look at the income and assets of both sides, the reasonable needs of the wife and children, the standard of living the family had, the children's schooling and health, the paying person's other responsibilities such as aged parents, and any income the claimant earns herself. In Rajnesh v. Neha (2020) the Supreme Court made it compulsory for both sides to file a detailed affidavit of their assets, income and expenses at the start, and held that maintenance is normally payable from the date of the application. It also said that where a wife has orders in more than one proceeding, the later court must take the earlier order into account so that the husband does not pay twice for the same period.

A working wife is not automatically shut out. If her income is not enough to live at the standard she had in the marriage, she may still get some maintenance, and the children's maintenance is decided separately in any case. Equally, a husband cannot escape by claiming he has no job if he is qualified and able to earn. Courts often look past declared salary to lifestyle, bank statements and property.

When the money does not come: enforcing orders

An order is only useful if it is paid. If the person ordered to pay defaults, the court can issue a warrant to recover the amount as if it were a fine, and can send the defaulter to jail for each month's unpaid amount for up to a month, or until payment is made. Arrears should be claimed promptly; under the criminal procedure law, recovery of arrears is generally sought within a year of the amount falling due. Where the defaulter has a salary, courts can direct the employer to pay part of it directly. A good advocate keeps a running record of payments and defaults so that enforcement is quick.

Changing the amount later

Maintenance is not fixed for life. If incomes change, a child's needs grow, the recipient remarries or starts earning well, either side can ask the court to change the order. Courts expect proof of the change, not just a statement.

Children: custody, visits and guardianship

Disputes over children are the hardest part of family law, and the law tries to take the heat out of them with one rule: the welfare of the child comes first. Not the father's rights, not the mother's rights, not who earns more and not who is "at fault" in the marriage. Every custody, visitation and guardianship decision in India is tested against that rule.

Which laws apply

The Guardians and Wards Act, 1890 applies to all communities and lets a court appoint or declare a guardian of a child's person or property. For Hindus, the Hindu Minority and Guardianship Act, 1956 adds rules on natural guardians and says custody of a child below five years should ordinarily be with the mother. In Gita Hariharan v. Reserve Bank of India (1999) the Supreme Court read that Act so that the mother is also a natural guardian, not only after the father's death, which matters for school admissions, bank accounts and passports. During a divorce case, Section 26 of the Hindu Marriage Act lets the court make custody orders too.

How judges decide

Courts look at who has actually been caring for the child, the child's age and health, schooling and stability, the home and support each parent can offer, any history of violence or neglect, and, once the child is old enough to form a view, what the child wants. Judges often speak to older children privately in chambers. Better finances help a little but rarely decide the case. A parent who has lived with the child and handled daily care usually has a strong position.

Visitation and shared parenting

Custody is not winner takes all. The parent without custody usually gets regular visits, overnight stays on weekends, part of school holidays, festivals, and video calls. Courts increasingly approve detailed parenting plans that both parents agree on. Where parents live near each other and can cooperate, shared arrangements are possible. If one parent keeps blocking visits ordered by the court, the court can enforce its order and, in serious cases, change custody.

When a child is taken away

If a parent takes a child away from the other in breach of a court order, or in a way that harms the child, the other parent can approach the Family Court urgently, and in some cases the High Court through a habeas corpus petition. India has not signed the Hague Convention on child abduction, so cases where a child is brought to India from abroad, or taken out of India, are decided by Indian courts on the child's welfare. If you fear a child may be taken abroad, ask an advocate about an order restraining travel and about informing the passport authorities.

Guardianship beyond divorce

Guardianship petitions are also needed when a child's parents have died, when a child inherits property that must be managed, when grandparents or relatives are bringing up a child, or when an adult with a severe disability needs a legal guardian. For adults with autism, cerebral palsy, intellectual disability or multiple disabilities, local level committees under the National Trust Act, 1999 can appoint guardians. For other cases the Guardians and Wards Act route through the court applies.

• Keep the child's routine and school as stable as possible while a case is pending.
• Never use the child as a messenger or speak badly of the other parent in front of them.
• Keep records of what you pay for school, medical care and daily needs.
• Follow every interim order strictly, even if you disagree with it. Courts remember who obeyed.

Family property, inheritance and settlements

Property is where many family disputes really sit, often for years after a parent dies. Strictly, inheritance and partition cases go to civil courts rather than Family Courts, but family lawyers deal with them constantly because they are tangled up with everything else.

A daughter's share

Under the Hindu Succession Act, 1956 as amended in 2005, a daughter is a coparcener in a Hindu joint family by birth, with the same rights and liabilities in ancestral property as a son. In Vineeta Sharma v. Rakesh Sharma (2020) the Supreme Court settled that this applies whether or not the father was alive on 9 September 2005, when the amendment came into force. A married daughter has exactly the same right. Many family disputes today are about daughters claiming shares that were quietly left out of earlier partitions.

When someone dies without a will

Who inherits depends on the deceased's personal law. For Hindus, the Hindu Succession Act sets out heirs in classes, with the widow, sons, daughters and mother among the first class sharing equally. Muslim inheritance follows personal law, with fixed shares for different relatives. Christians and Parsis inherit under the Indian Succession Act, 1925. To deal with bank accounts, shares or property, families usually need a legal heir certificate, a succession certificate from the civil court, or letters of administration. See our legal heir certificate and succession certificate pages.

Wills

A valid will avoids most of these questions. It must be signed by the person making it and attested by two witnesses; registration is optional but makes it much harder to challenge. Wills are often contested on grounds such as forgery, the testator's mental state, or suspicious circumstances like a beneficiary arranging the will. Our will and estate lawyer page covers this in depth.

Family settlements and partition

Families often divide property by agreement rather than litigation. Courts have long favoured genuine family arrangements that keep peace in the family; the Supreme Court said so in Kale v. Deputy Director of Consolidation (1976). A written family settlement that records an existing arrangement, signed by all members, avoids later disputes. Whether it needs registration and stamp duty depends on how it is worded and the state, so get it drafted properly. Where agreement is impossible, any co-owner can file a suit for partition. Our property lawyer page explains partition suits.

Marriage: registration, inter-faith couples and live-in relationships

Registering a marriage

A Hindu marriage performed with the essential ceremonies is valid without registration, but registration gives you a certificate that banks, passport offices, visa authorities and courts accept without argument. Most states have rules for registering marriages. Couples of different religions, or anyone who prefers a civil marriage, can marry under the Special Marriage Act, 1954 before a Marriage Officer after giving thirty days' notice. See our court marriage, marriage registration and Arya Samaj marriage pages.

Protection for couples facing threats

Adults have a constitutional right to marry a person of their choice. In Lata Singh v. State of U.P. (2006) the Supreme Court directed the police to protect inter-caste and inter-religious couples from harassment, and in Shakti Vahini v. Union of India (2018) it laid down preventive and remedial steps against honour crimes and khap panchayats. Couples facing threats from family can approach the police and, if needed, file a protection petition in the High Court.

Live-in relationships

Living together as adults is not an offence in India. A woman in a live-in relationship that qualifies as a relationship in the nature of marriage can use the Domestic Violence Act for protection, residence and maintenance, and children born of such a relationship have rights to maintenance. Uttarakhand is now an exception in one respect: under its Uniform Civil Code, in force since 27 January 2025, couples living together in the state must register the relationship, and failing to do so can attract a fine and imprisonment. If you live in Uttarakhand, take advice on these rules.

Restitution, separation and annulment

A spouse who has been left without reasonable cause can ask the court to order the other to return, a spouse can seek judicial separation without ending the marriage, and some marriages are void or voidable from the start, for example where one spouse already had a living spouse. These remedies, and divorce itself, are explained on the divorce lawyer page.

NRI marriages and women left behind

A distressing number of family cases involve a husband who works abroad and simply stops responding: he leaves after the wedding promising to call his wife over, or takes her abroad and then sends her back. These cases are hard because the husband is outside the reach of Indian police and courts for practical purposes. They are not hopeless.

• Maintenance and domestic violence cases in India. A wife can file for maintenance and under the Domestic Violence Act in her own city. Courts have allowed notice to a husband abroad by email, through his family's address in India, or through the Indian mission.
• Passport action. Where a husband ignores court summons in a criminal or maintenance case, courts and the passport authorities can act on his passport. The Ministry of External Affairs has procedures for this, and for issuing look-out circulars in criminal cases.
• Help through Indian missions and the NCW. The National Commission for Women has a cell for complaints by women deserted by NRI husbands, and Indian embassies and consulates can assist women abroad with legal guidance and, in some cases, financial help for legal costs under a government scheme.
• Divorce and foreign decrees. A foreign divorce is recognised in India only if it meets the conditions laid down by the Supreme Court in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991). The divorce page explains this in the NRI section.
• Before the wedding. Register the marriage, keep copies of the husband's passport and work papers, know his employer and address abroad, and keep your own passport with you. The Law Commission recommended in 2024 that marriages between NRIs and Indian citizens be compulsorily registered, which shows how seriously the problem is now taken.

Family law across communities

India's family law is largely personal law, so the rules can differ by religion. A few points that often matter:

Hindus, Sikhs, Jains and Buddhists

Marriage and divorce are governed by the Hindu Marriage Act, maintenance and adoption by the Hindu Adoptions and Maintenance Act, guardianship by the Hindu Minority and Guardianship Act, and inheritance by the Hindu Succession Act. Daughters are coparceners by birth in joint family property.

Muslims

Marriage is a contract, and the mahr or dower agreed at the nikah is the wife's right; unpaid mahr can be claimed. After a divorce, a woman is entitled to maintenance during the iddat period and to a reasonable and fair provision under the Muslim Women (Protection of Rights on Divorce) Act, 1986, as interpreted by the Supreme Court in Danial Latifi v. Union of India (2001), and she can also claim under Section 144 of the BNSS. Custody of young children (hizanat) generally lies with the mother up to certain ages under personal law, but courts apply the welfare principle. Inheritance follows fixed shares under personal law.

Christians and Parsis

Christians marry under the Indian Christian Marriage Act, 1872 and divorce under the Indian Divorce Act, 1869. Parsis have the Parsi Marriage and Divorce Act, 1936. Both communities generally inherit under the Indian Succession Act, 1925, with special rules for Parsis.

Special Marriage Act couples

Couples who married under the Special Marriage Act are governed by that Act for divorce and maintenance, and their succession is governed by the Indian Succession Act in many cases, which is something to plan for when making wills.

Uttarakhand

Uttarakhand's Uniform Civil Code, in force since January 2025, applies common rules on marriage registration, divorce, succession and live-in relationships to residents of the state, with some exceptions. If your family lives there, check how it affects you.

Family disputes and the police: what to expect

Many family disputes reach a police station before they reach a court, usually through a complaint of cruelty, dowry harassment or violence. Knowing how this part works helps both the person complaining and the family being complained against.

Women's cells and counselling

In many cities, a complaint by a wife against her husband's family is first sent to a Crime Against Women cell or a similar unit. These cells often call both sides for counselling and try to work out a settlement before a formal case is registered, unless the complaint discloses serious offences that need immediate action. Go with your papers, a written complaint and, ideally, after speaking to an advocate.

Registration of a complaint

For serious offences the police must register a First Information Report; the Supreme Court said so in Lalita Kumari v. Government of U.P. (2013), while allowing a preliminary enquiry in matrimonial disputes. The Bharatiya Nagarik Suraksha Sanhita, 2023 now also allows a preliminary enquiry, with the approval of a senior officer and within a fixed time, for offences punishable with three to seven years of imprisonment. If the police refuse to act, a complaint can be made to the senior police officer or directly to the Magistrate.

Arrest is not automatic

In Arnesh Kumar v. State of Bihar (2014), the Supreme Court held that the police must not arrest automatically in cases punishable with up to seven years, including matrimonial cruelty cases, and must record reasons and follow the notice procedure that is now part of the BNSS. Relatives who fear arrest in a complaint they believe is false can seek anticipatory bail. Our bail lawyer page explains how.

When the family settles

If the couple later settle, some offences can be compounded with the court's permission. For others, the High Court can quash the criminal case on the basis of a genuine settlement. Plan this as part of the overall settlement so that nobody is left exposed.

Documents to bring to a family lawyer

Choosing a family lawyer

Advocates in India are not allowed to advertise or call themselves the best, so you will not find honest rankings. Judge an advocate on facts and on the first conversation.

• Regular practice in the right forum. Family Court, Magistrate's court for domestic violence, Maintenance Tribunal or civil court, depending on your problem.
• Enrolment you can verify. Every advocate has a State Bar Council enrolment number. Mara Vakil checks it before listing a profile.
• Patience and plain language. Family matters are emotional. You need someone who explains your options calmly, including settlement, and does not inflame the fight.
• Clear written fees for each stage, and a clear answer on who will appear on each date.
• Comfort. It is fine to prefer a woman advocate, or one who speaks your language.

Questions to ask at the first meeting

1. Which law and which forum fit my problem best, and why?
2. What interim relief can I get, and how soon?
3. Is settlement realistic, and what would a fair settlement look like?
4. What evidence do I still need to collect?
5. How long do similar cases take in this court?
6. What will each stage cost, and what is not included?
7. What should I avoid doing while the case is pending?

Common myths about family law

This page gives general information about Indian law as of 15 October 2026. It is not legal advice and is not an advertisement or solicitation by any advocate, as restricted by Rule 36 of the Bar Council of India Rules. Laws and court practice change, and the right answer depends on your facts; confirm the position for your case with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.