Family Law Matters Require More Than Legal Knowledge

Matrimonial disputes are different from other legal matters. The facts are personal. The stakes extend beyond money or property to children, relationships, and the framework of daily life. The legal process, if handled without care, can make an already difficult situation significantly worse.

August Attorneys LLP approaches divorce and family law matters with the combination of professional precision and genuine sensitivity that these cases demand. We understand that clients going through matrimonial proceedings are under significant personal pressure — and that the quality of their legal representation affects not just the legal outcome but the pace and manner in which they reach it.

Mr. Shailendra Singh’s accreditation as a mediator of the Supreme Court of India is particularly relevant in family law matters. Wherever it’s in the client’s genuine interest, we explore mediated resolution — which in matrimonial cases can produce outcomes faster, at lower emotional and financial cost, and with greater control for both parties than contested litigation.

Matrimonial Matters We Handle

1

Mutual Consent Divorce

Divorce by mutual consent under Section 13B of the Hindu Marriage Act (or equivalent provisions under other personal laws) is the most straightforward path where both parties have genuinely agreed to separate and resolved the key terms. We advise on the terms of the settlement agreement — maintenance, property division, custody arrangements, and other conditions — and handle the complete court process efficiently.
2

Contested Divorce

Where divorce is contested — on grounds of cruelty, desertion, adultery, or other statutory grounds — the proceedings require careful preparation of evidence and clear strategic thinking about the likely trajectory of the case. We represent both petitioners and respondents in contested divorce proceedings, advising honestly about the strength of the ground being advanced and the realistic timeline and cost.
3

Maintenance and Alimony

Applications for interim maintenance under Section 24 of the Hindu Marriage Act, permanent alimony under Section 25, and maintenance under Section 125 CrPC / Section 144 BNSS. We advise on the appropriate quantum to claim or contest based on the financial positions of both parties, and handle urgent applications for interim relief where required.
4

Child Custody and Visitation

Custody disputes are among the most emotionally difficult aspects of matrimonial litigation. We represent parents in custody proceedings, advising on the welfare principle that governs Indian custody law, the child's own expressed preferences (in appropriate cases), and the range of custody arrangements — sole custody, joint custody, and defined visitation rights — that courts in Delhi typically consider.
5

Domestic Violence Matters

Representation in proceedings under the Protection of Women from Domestic Violence Act, 2005 — including applications for protection orders, residence orders, and monetary relief. We also advise respondents in domestic violence proceedings on their legal position and available responses.
6

NRI Matrimonial Disputes

Matrimonial disputes involving Non-Resident Indians present additional legal complexities: jurisdiction questions, enforcement of foreign court orders in India, child custody across international borders, and the application of Indian personal law to parties domiciled abroad. August Attorneys LLP's international alliances make it particularly well-equipped to handle these matters in coordination with overseas counsel.

Confidentiality in Matrimonial Matters

We treat all matrimonial matters with strict confidentiality. The facts of your case are shared only with the members of the legal team directly handling the matter. We do not discuss matrimonial cases in contexts where confidentiality could be compromised, and we advise clients on their own obligations to protect the confidentiality of the proceedings.

  • Free initial case consultation included
  • Litigation value up to 2 million dollars
  • Affordable legal representation options
  • Client is legally challenged / under disability
  • Case involves multiple legal links to be removed

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What is the mandatory cooling-off period for mutual consent divorce?

Under Section 13B of the Hindu Marriage Act, the parties must have lived separately for at least one year before filing a mutual consent divorce petition. After the first motion is filed, there is a statutory waiting period of six months before the second motion can be filed. The Supreme Court has held that this six-month period can be waived in appropriate cases.

Yes. The fact that a wife is employed does not automatically disentitle her to maintenance. Courts consider the lifestyle and standard of living during the marriage, the husband’s income and assets, the wife’s income and earning capacity, and the reasonable needs of any children in assessing the appropriate quantum of maintenance.

Indian courts apply the ‘welfare of the child’ as the paramount consideration in custody decisions. This includes the child’s physical and emotional needs, the stability of the home environment each parent can provide, the child’s existing relationship with each parent, the child’s educational arrangements, and — where the child is old enough — the child’s own preferences.

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