Family Lawyers

Bhatt & Joshi Associates, is a lawyer firm in Ahmedabad, Gujarat. At our firm we have a set of skilled, experienced, professional Family Lawyers (Legal Experts) to handle the matters of Family Law right from the Family Court to the High Court of Gujarat and Supreme Court. We have lawyers having in-depth knowledge of all Substantive Law like The Hindu Marriage Act, 1955, Hindu Succession Act Of 1956, The Hindu Adoptions And Maintenance Act, 1956, Hindu Minority and Guardianship Act, 1956, The Indian Marriage Act,  The Indian Succession Act, 1925, Guardianship And Adoption Act, 1956, and the Civil procedures and knowledge of Statutory Interpretation with strong logical, analytical and persuasive abilities adept at pleadings, drafting of Suit, pre- and post-nuptial agreements, vetting of family arrangements and deeds. Additionally partition suits, succession suits, probate and will, suits related to children, wards, guardianships, estate, property, custody, execution, claims, partitions and various petitions etc.

Personal Laws in India:

In India Religious freedom is granted to every citizen of India and since the inception of family law in British Era, a system of respecting the individual practices as per their own customs and traditions has evolved. It was Warren Hastings who laid the foundation of codification of personal laws in 1772, who codified various provisions prescribing Hindu law for Hindus and Islamic law for Muslims, for litigation relating to personal matters. Therefore, our family lawyers attach due importance to understanding your personal laws before initiation any form of legal action. 

Family Courts in India

For the establishment of the Family Courts in India, The Family Court Act 1984, was enacted with a view to promote conciliation and speedy resolution of disputes relating to matrimonial disputes and family problems. The Family Courts in India, hear matters relating to marriage, divorce and the welfare of children. These courts are original courts for matters pertaining to Family Law and are presided over by Additional District Judges which undertake trials and review evidence. On the aspect of procedural law, the Family Courts do follow the Civil Procedure Code. Our Family lawyers are apt at handling all the sorts of family disputes. We represent our clients at appellate level at the High Court of Gujarat and Supreme Court of India for the cases involving complexity. 

Family Courts in India Deal with the following:

Marriage and divorce: 

In India marriages are solemnized as per the rites and rituals. And these rituals are codified into the form of personal laws. For eg. The Hindu law is divided into Mitakshara and Dayabhaga branches of Personal Law. But the sum and substances is that marriage and divorce being inter related issues are governed as per the personal laws, depending upon their own religion. 

  • Hindu Marriage Act 1955.
  • Muslim marriage is a contract under Muslim law.
  • Indian Christian Marriage Act 1872 and the Christian Divorce Act 1869.
  • Parsi Marriage and Divorce Act 1936.

Apart from this acting under the mandate of Article 44 of Indian Constitution an attempt is made to legislate Uniform Civil Code in the form of the Special Marriage Act 1954 applies to all persons of all religions. However, it is kept optional whether to be governed by Special Marriage Act or personal laws. Both marriage and divorce are governed by the same law. Our Team of Family lawyers give due attention to the above aspects as it is a key for Family lawyers in India, to keenly understand the issues as discussed. 

Children and their Welfare.

In India there is a general law called the Guardian and Wards Act 1890, that applies uniformly to all the religions. However, different personal laws that govern marriage also contain provisions for the welfare of children born in that marriage. 

 

As mentioned earlier, The Guardian and Wards Act 1890 is a complete code defining the rights and responsibilities of the guardians and the wards. It applies to below 18 years children of any religion. However, before declaring a person as a minor’s guardian, the court also considers the minor’s personal laws. The Guardian and Wards Act 1890 aims to protect the minor child’s person and property. Our Family lawyers understand the importance of children in an individual’s life. Our family lawyers aim to make sure that the disputes are resolved amicably instead of fighting a full fledged legal battle. 

What should you search for in your Family Lawyers?

  • Combination of Experienced Lawyers and Young Lawyers: A Firm having the team of energetic, dynamic young blood with a combination of most experienced, specialist Family Lawyers.
  • Fact collection: Sometimes there are more than one conceivable arrangements or parcel of points of reference to help the argument. Thus, your Family Lawyers ought to have that ability to assess every one of the potential outcomes before presenting the same.
  • Research: Good legitimate research abilities are required to look into important case laws, points of reference, corrections to help the contentions. Many times family lawyers tend to ignore research in this area, which turns out to be a fatal defect at the appellate or High Court level.
  • Representation: It is most important for your Family lawyers to deeply understand facts and most aptly represent them before presiding Judge. It must be understood that any important evidence missed out at the stage of trial, affects the case at every stage of appeal.
  • Detailed Knowledge of Diverse Areas of Law: It is equally important that your Family lawyer has a grip over diverse areas of Law. Many times there are multiple remedies may be available and it will be upto your Family lawyer, who will decide the most appropriate remedy in the given facts and circumstances of your case.

Few other Personal Laws which your Family Lawyers should know:

  • The Converts’ Marriage Dissolution Act, 1866
  • The Indian Christian Marriage Act, 1872
  • The Indian Divorce Act, 1869
  • The Indian Succession Act, 1925
  • The Kazis Act, 1880
  • The Dissolution of Muslim Marriage Act, 1939
  • The Muslim Women ( Protection of Rights on Divorce ) Act,1986
  • The Anand Marriage Act, 1909
  • The Child Marriage Restraint Act, 1929
  • The Parsi Marriage and Divorce Act, 1936
  • The Special Marriage Act, 1954
  • The Hindu Marriage Act, 1955
  • The Foreign Marriage Act, 1969

Download Booklet on Family Law in India – Marriage, Divorce & Inheritance Laws

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Get in touch with Family Lawyers in Ahmedabad

    Frequently asked questions

    1. Who are the best family lawyers in Ahmedabad?

    Bhatt & Joshi Associates is a leading family law firm in Ahmedabad with experienced family lawyers handling divorce under Hindu Marriage Act 1955, Muslim Personal Law, Special Marriage Act 1954, child custody disputes, maintenance under Section 144 BNSS (formerly Section 125 CrPC), alimony, domestic violence under PWDV Act 2005, adoption, succession. The firm appears before Family Court Ahmedabad, Gujarat High Court. Confidential handling of matrimonial matters.

    2. What does a family lawyer do in Ahmedabad?

    Family lawyer services in Ahmedabad: (1) divorce petitions (HMA 1955, SMA 1954, Muslim law) including mutual consent and contested; (2) child custody disputes — Guardian and Wards Act 1890 and personal laws; (3) maintenance under Section 144 BNSS, Section 125 CrPC, Section 24 HMA; (4) alimony — interim and permanent; (5) domestic violence cases under PWDV Act 2005; (6) Section 498A IPC (BNS 86) cases (both prosecution and defence); (7) adoption — Hindu Adoption and Maintenance Act 1956, JJ Act 2015; (8) succession and inheritance disputes. Comprehensive family law practice.

    3. How to file divorce in Ahmedabad?

    Divorce filing in Ahmedabad under Hindu Marriage Act 1955: (1) determine grounds — cruelty, desertion (2 years), adultery, conversion, mental disorder, etc. (Section 13); (2) jurisdiction — Family Court Ahmedabad based on where marriage solemnised, last cohabited, or wife's residence; (3) draft petition with grounds, facts, prayer; (4) court fees per Gujarat Court Fees Act; (5) attempt at reconciliation (mandatory); (6) trial — evidence, cross-examination; (7) decree. Mutual consent divorce simpler — 6 months cooling period (sometimes waived). Bhatt & Joshi Associates files matrimonial petitions in Ahmedabad.

    4. What is mutual consent divorce in India?

    Mutual consent divorce under Section 13B of Hindu Marriage Act 1955 (similar under SMA, Muslim law mubarat): (1) both parties consent; (2) lived separately for 1 year (HMA) or 6 months (in some cases); (3) Second motion after 6 months cooling period (can be waived by court — Amardeep Singh v Harveen Kaur 2017); (4) settlement on maintenance, custody, property; (5) joint petition; (6) decree by court. Faster and less acrimonious than contested divorce. Typical timeline: 6-12 months. Bhatt & Joshi Associates handles mutual consent divorce comprehensively.

    5. How is child custody decided in India?

    Child custody in India under: (1) Guardian and Wards Act 1890 — secular law for all communities; (2) Hindu Minority and Guardianship Act 1956; (3) Muslim Personal Law; (4) personal laws. Court considers: (1) welfare of child as paramount (Section 17 GW Act); (2) age — generally maternal custody for children under 5 (tender years doctrine); (3) preferences of child if old enough; (4) parents' financial and moral fitness; (5) child's wishes (especially after 12). Recent rulings emphasise both parents' role. Bhatt & Joshi Associates handles custody disputes.

    6. What is maintenance under Section 144 BNSS?

    Maintenance under Section 144 BNSS 2023 (formerly Section 125 CrPC) — secular maintenance provision applicable to all communities: (1) wife (including divorced wife who hasn't remarried); (2) minor children; (3) old/infirm parents; (4) major unmarried daughter unable to maintain herself. Conditions: (1) sufficient means of respondent; (2) inability of claimant to maintain herself; (3) reasonable maintenance amount. Recent Supreme Court rulings on quantum. Different from HMA Section 24/25 maintenance. Bhatt & Joshi Associates files Section 144 BNSS applications and defends.

    7. Can domestic violence case be filed in Ahmedabad?

    Yes. Domestic violence cases in Ahmedabad under Protection of Women from Domestic Violence Act 2005 (PWDV Act): (1) application to Magistrate (Section 12) under PWDV; (2) reliefs — Protection Order, Residence Order, Monetary Relief, Custody Order, Compensation; (3) Section 23 interim relief; (4) free legal aid from Protection Officer; (5) appeal to Sessions Court within 30 days. Comprehensive remedy for women facing domestic violence — physical, emotional, economic, sexual. Bhatt & Joshi Associates represents women in PWDV cases.