Practice Area
Matrimonial & Family Law
Also known as: Family law · वैवाहिक विवाद · Divorce lawyer Bareilly
Matrimonial work at this chamber covers contested and mutual-consent divorce, maintenance under Section 144 BNSS and the Hindu Marriage Act, child custody and guardianship, proceedings under the Protection of Women from Domestic Violence Act 2005, and defence in cruelty cases now prosecuted under Sections 85 and 86 of the Bharatiya Nyaya Sanhita. Most of these matters are heard by the Family Court at Bareilly.
What this covers
Divorce
- Contested divorce under Section 13 of the Hindu Marriage Act, 1955, on grounds including cruelty, desertion for two years or more, conversion, mental disorder and renunciation.
- Mutual-consent divorce under Section 13B, requiring two motions with a statutory interval of six months, which the Family Court may in a proper case waive.
- Judicial separation under Section 10, and nullity under Sections 11 and 12 where a marriage is void or voidable.
- Proceedings under the Special Marriage Act, 1954 where the marriage was solemnised under that Act, and under the Muslim, Christian and Parsi personal-law statutes as applicable.
Maintenance and alimony
| Remedy | Provision | Who may claim |
|---|---|---|
| Interim maintenance during proceedings | HMA s.24 | Either spouse |
| Permanent alimony | HMA s.25 | Either spouse |
| Maintenance (summary remedy) | BNSS 144 (formerly CrPC 125) | Wife, children, parents |
| Monetary relief | PWDVA s.20 | Aggrieved woman |
| Maintenance under Hindu law | HAMA 1956 s.18 | Wife |
The remedy under Section 144 BNSS is the quickest route to an order, is available irrespective of religion, and is often pursued first.
Child custody and guardianship
Applications under the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956, for custody, guardianship and visitation. The consistent principle, reaffirmed repeatedly by the Supreme Court, is that the welfare of the child is the paramount consideration and overrides the preferential claims of either parent.
Domestic violence proceedings
Applications under the Protection of Women from Domestic Violence Act, 2005 for protection orders (s.18), residence orders (s.19), monetary relief (s.20), custody orders (s.21) and compensation (s.22) — and defence of such applications.
Defence in cruelty cases (formerly Section 498A IPC)
Defence in proceedings under Sections 85 and 86 BNS, including anticipatory bail, bail, and where appropriate a petition to quash under Section 528 BNSS.
The Supreme Court has repeatedly directed caution in these cases. In Arnesh Kumar v. State of Bihar it laid down that for offences punishable with up to seven years, police must not arrest automatically and must first issue a notice to appear — now Section 35 BNSS. Where family members have been named without specific allegations, the courts have quashed proceedings against them.
Which court hears these matters
Matrimonial matters from Bareilly district are filed before the Family Court, Bareilly, within the District Court complex. Domestic violence applications go before the Magistrate. Appeals and revisions lie to the Allahabad High Court.
Practical notes
- Documents to gather: marriage proof (card, photographs, certificate), proof of the date of separation, income and salary records of both spouses, children’s school and medical records, and any communications relied upon.
- Electronic evidence — messages, call recordings — now requires a certificate under the Bharatiya Sakshya Adhiniyam to be admissible. Preserve originals on the device; do not rely on forwarded copies or screenshots alone.
- Mediation is attempted in most Family Court matters and is often the faster and less costly route, particularly where children are involved.
Frequently asked questions
How long does a mutual-consent divorce take in Uttar Pradesh?
A petition under Section 13B of the Hindu Marriage Act requires two motions. The statutory gap between them is six months, extendable to eighteen. The Supreme Court has held that a Family Court may waive the six-month period where the separation has been long and the settlement is genuine, but waiver is discretionary and is not granted as a matter of course. In practice a straightforward mutual-consent matter at Bareilly commonly takes six to twelve months.
What replaced Section 498A IPC?
Cruelty to a married woman by her husband or his relatives is now prosecuted under Sections 85 and 86 of the Bharatiya Nyaya Sanhita, which came into force on 1 July 2024. Section 85 creates the offence and Section 86 defines cruelty. The substance carries over from Section 498A IPC. Cases registered before 1 July 2024 continue under Section 498A.
Can maintenance be claimed while a divorce case is pending?
Yes. Interim maintenance may be sought under Section 24 of the Hindu Marriage Act during the pendency of proceedings, and separately under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, which replaced Section 125 CrPC. A claim may also be made under Section 20 of the Protection of Women from Domestic Violence Act. These remedies can run in parallel, though courts adjust amounts to avoid duplication.
Who gets custody of a child after separation?
The governing consideration is the welfare of the child, not the right of either parent. Courts weigh the child's age, schooling, emotional ties and the capacity of each parent to provide care. Custody of a child below five is ordinarily, though not invariably, given to the mother. A parent who does not receive custody is normally granted visitation.
Is a case under the Domestic Violence Act a criminal case?
Proceedings under the Protection of Women from Domestic Violence Act 2005 are civil in nature and seek protection, residence, monetary relief, custody or compensation orders. They are, however, filed before a Magistrate and follow a procedure drawn from the criminal code. Breach of a protection order once granted is itself a punishable offence.