Matrimonial and family disputes

Divorce and matrimonial petitions, maintenance, domestic violence, custody and guardianship, and other family law proceedings.

Matrimonial and family disputes, including divorce and matrimonial petitions under the Hindu Marriage Act, 1955 (HMA), maintenance proceedings, domestic violence matters under the Protection of Women from Domestic Violence Act, 2005, custody and guardianship matters, proceedings under the Hindu Adoptions and Maintenance Act, 1956 (HAMA), restitution of conjugal rights, and other related family law proceedings.

Under the HMA, divorce may be sought on the grounds in section 13, or by mutual consent under section 13B, where the court may waive the six-month waiting period in suitable cases. Maintenance can be claimed under the HMA, under section 18 of HAMA, or under section 144 of the Bharatiya Nagarik Suraksha Sanhita (formerly section 125 of the CrPC). Applications under the Domestic Violence Act are filed before the Magistrate, and custody of children is decided on the child's welfare under the HMA and the Guardians and Wards Act, 1890. In Nainital district, divorce, maintenance and custody matters are heard by the Family Court at Haldwani, and in Delhi by the Family Courts of each district.

A petition under the Hindu Marriage Act may be filed where the marriage was solemnised, where the respondent lives, where the couple last lived together, or, when the wife files it, where she lives (section 19). A child's custody or guardianship is decided by the court where the child ordinarily lives (section 9 of the Guardians and Wards Act). The office at Bhotia Parao, Haldwani is close to the Haldwani courts, and matters that go on appeal are heard by the High Court of Uttarakhand at Nainital.

Typical matters

• Divorce and matrimonial petitions under the Hindu Marriage Act, 1955
• Maintenance proceedings
• Domestic violence matters under the Protection of Women from Domestic Violence Act, 2005
• Custody and guardianship matters
• Proceedings under the Hindu Adoptions and Maintenance Act, 1956
• Restitution of conjugal rights
• Other related family law proceedings

Documents usually relevant

Matters of this kind usually involve the marriage certificate or proof of marriage, any earlier petitions, orders or complaints, and, for maintenance, documents showing the income and expenses of both parties and the needs of any children.

Common questions

Where is a divorce petition filed in Haldwani?

For Nainital district, petitions under the Hindu Marriage Act, 1955 are heard by the Family Court at Haldwani. Under section 19 of the Act, a petition may be filed where the marriage was solemnised, where the respondent lives, where the couple last lived together, or, if the wife is the petitioner, where she lives.

How does divorce by mutual consent work?

Under section 13B of the Hindu Marriage Act, both spouses file a joint petition after living separately for at least one year. The second motion is made after six months and within eighteen months of filing, and the court may waive the six-month period in suitable cases.

Which laws allow a claim for maintenance?

Maintenance may be claimed under sections 24 and 25 of the Hindu Marriage Act, section 18 of the Hindu Adoptions and Maintenance Act, 1956, or section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 125 of the CrPC). Where a Family Court exists, claims under section 144 are heard by it.

Where are domestic violence applications filed?

Applications under the Protection of Women from Domestic Violence Act, 2005 are filed before the Judicial Magistrate where the aggrieved woman lives or works, where the respondent lives, or where the cause of action arose (section 27).

Does an appeal from the Family Court go to the High Court?

Yes. An appeal from a judgment or order of the Family Court at Haldwani lies to the High Court of Uttarakhand at Nainital under section 19 of the Family Courts Act, 1984, generally within 30 days.