Marriage & Personal Matters: Our Advisory Services

Marriage & Marriage Registration

Marriage in India is governed by personal laws applicable to each religion– the Hindu Marriage Act 1955 for Hindus, Sikhs, Buddhists, and Jains; the Muslim Personal Law (Application) Act 1937 for Muslims; the Indian Christian Marriage Act 1872 for Christians; and the Parsi Marriage and Divorce Act 1936 for Parsis. Marriages between parties of different religions, or those preferring a secular civil registration route, are governed by the Special Marriage Act 1954. ATB Legal advises on marriage registration procedures and documentation requirements under each applicable personal law and under the Special Marriage Act, as well as on the registration of marriages solemnised abroad and the recognition of Indian marriages by UAE and international authorities. For NRI couples registering a marriage in India before returning abroad, we manage the full registration and apostille process to ensure the certificate is accepted by foreign authorities without delay.

Mutual Consent Divorce

Mutual consent divorce under Section 13B of the Hindu Marriage Act 1955– and the corresponding provisions in other personal laws– provides a comparatively streamlined path to dissolution where both parties agree on separation, maintenance, and child-related arrangements. The process involves the joint filing of a petition, followed by two court appearances separated by a statutory six-month cooling-off period, which courts may waive in appropriate circumstances. ATB Legal assists both parties in drafting and negotiating consent terms– covering maintenance quantum and duration, child custody and visitation, division of jointly held property and financial assets, and all ancillary matters– before filing, so that the decree is clear, enforceable, and leaves no ambiguity for future disputes.

Contested Divorce & Judicial Separation

Where consent is not possible, divorce proceedings are filed before the Family Court on one or more statutory grounds under the applicable personal law– including cruelty, desertion, adultery, and irretrievable breakdown in certain cases. Contested proceedings require careful strategic management from the outset: the choice of grounds, the framing of the petition, and the timing of interim applications all affect both the trajectory and the outcome of the case. Interim relief applications– for maintenance, custody, and residence orders– often run concurrently with the main divorce petition and may need to be filed urgently. Judicial separation is available as an alternative where parties are not ready to dissolve the marriage permanently but need legal recognition of the separation and its financial and residential consequences. Our lawyers represent clients in both contested divorce and judicial separation proceedings before Family Courts, managing the complete process from petition drafting through to decree.

NRI Divorce & Cross-Border Family Disputes

NRI and cross-border family disputes present a distinct set of legal challenges that require both Indian law expertise and cross-jurisdictional awareness. The foundational questions– which country’s courts have jurisdiction, whether a foreign divorce decree is recognised in India, how Indian property is dealt with in foreign proceedings, and how maintenance orders can be enforced across borders– must be answered correctly before any steps are taken. The Foreign Marriage Act 1969 governs marriages solemnised abroad where one party is an Indian citizen. Our firm advises NRIs and international families on jurisdiction selection, recognition of foreign matrimonial decrees in India, cross-border enforcement of maintenance and custody orders, and coordination of simultaneous Indian and UAE legal proceedings where parties have connections to both countries.