Matrimonial Litigation in India: Divorce, Maintenance and Custody

Matrimonial litigation encompasses divorce, judicial separation, restitution of conjugal rights, maintenance and child custody. The governing statute depends on the parties' personal law.

Interim maintenance under Section 144 BNSS and Section 24 of the Hindu Marriage Act is often the first practical relief sought, ensuring the dependent spouse is not financially coerced into a settlement.

Custody disputes are decided on the welfare-of-the-child principle. Courts increasingly favour shared parenting arrangements with detailed visitation schedules.

Manuja Advocates represents clients in matrimonial disputes before Family Courts and in appeals before the Punjab & Haryana and Delhi High Courts.