These matters rarely arrive alone. A custody dispute usually comes with a maintenance claim; a domestic violence petition often comes with a 498A case and a divorce. Handling them together (one strategy, one lawyer who knows the whole file) is what stops one case undermining another.
This is the part that confuses everybody, so here's the map. Your religion and how you married decide which personal law applies: the Hindu Marriage Act, 1955, the Indian Divorce Act, 1869 for Christians, Muslim personal law with the 1939 Act, or the Special Marriage Act, 1954 for civil and inter-faith marriages.
On top of that sit laws that apply to everyone, regardless of religion: Section 125 CrPC for maintenance, the Protection of Women from Domestic Violence Act, 2005, the Guardians and Wards Act, 1890 for custody and guardianship, and the criminal law for dowry harassment.
The practical consequence: the same problem can often be taken to more than one forum, and the choice matters. A maintenance claim under the DV Act moves differently from one under Section 125 CrPC. Picking the right door, and the right sequence, is most of the skill in family law.
Whatever the specific problem, these steps protect you. We give the same advice on the phone whether or not you engage us.
Yes, absolutely, and many people don't realise it. Maintenance is available under Section 125 CrPC, under the Hindu Adoptions and Maintenance Act, and as monetary relief under the Domestic Violence Act, all independent of any divorce petition. You can secure financial support while deciding whether to end the marriage at all. More →
A residence order under the Domestic Violence Act can protect your right to live in the shared household, even where the house is in your husband's or in-laws' name, or require alternative accommodation to be provided. This is one of the most under-used remedies in Indian family law, and it can be moved urgently. Residence orders →
Don't panic, don't approach the complainant directly, and don't give a statement without advice. Blanket complaints naming distant relatives are a known pattern and courts scrutinise them. The immediate tools are anticipatory bail for those at risk of arrest and, in appropriate cases, a quashing petition. 498A defence →
Move immediately: delay genuinely weakens these cases. Remedies include a custody petition, an urgent interim application, and in appropriate cases habeas corpus before the High Court. Courts look at the child's welfare and at who has been the primary caregiver, so acting quickly matters more than being right in the abstract. Custody →
Yes. There's a common belief that mothers automatically win custody: that's an oversimplification. Very young children are usually placed with the mother, but as children grow older courts weigh stability, schooling, the child's own preference and each parent's actual involvement. Fathers who have been genuinely hands-on do secure custody and substantial parenting time.
Generally yes: a Hindu marriage properly solemnised is valid whether or not it was registered. But proving it later without a certificate is harder, and registration is required for practical things like visas, passports and joint property. If you're not registered, it's worth fixing now rather than in the middle of a dispute. Registration →