Divorce and family cases in Ghaziabad

Advocate Vishu Kushwaha has practised at the District Court, Ghaziabad since 2011. Divorce, maintenance, custody and domestic violence cases are filed and argued at the Family Court, Ghaziabad, with appeals and transfer petitions at the Allahabad High Court and the Supreme Court of India.

What the practice handles

Mutual consent divorce

Section 13B of the Hindu Marriage Act. Both spouses must have lived separately for at least one year. The court records statements on the first motion and the second motion follows after six months; the Supreme Court has held that this waiting period can be waived in suitable cases (Amardeep Singh v. Harveen Kaur, 2017).

Contested divorce

Section 13 of the Hindu Marriage Act: cruelty, desertion for at least two years, adultery, conversion, mental disorder and the other grounds in the Act. The case runs through written statement, mediation, evidence and final arguments.

Maintenance and alimony

Interim maintenance and litigation expenses under Section 24 of the Hindu Marriage Act, permanent alimony under Section 25, and maintenance under Section 144 of the BNSS (Section 125 of the old CrPC). Both sides file affidavits of their assets and liabilities, as the Supreme Court directed in Rajnesh v. Neha (2020).

Child custody

Custody and visitation under Section 26 of the Hindu Marriage Act and the Guardians and Wards Act, 1890. The court decides on the welfare of the child.

Domestic violence cases

Applications under Section 12 of the Protection of Women from Domestic Violence Act, 2005 for protection, residence and monetary relief, and the defence of such applications.

When one spouse lives abroad

The case can run through a power of attorney, with appearance by video where the court permits it.

Where the case is filed

Under Section 19 of the Hindu Marriage Act, a petition can 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. In Ghaziabad these cases are heard by the Family Court, Ghaziabad.

Papers for the first meeting

• Marriage certificate, or other proof of marriage such as the invitation card and photographs
• ID and address proof of both spouses
• Birth certificates of the children
• Salary slips or income tax returns
• Any earlier complaint, FIR, notice or court order