Family Law

Ashwa Law Associates, with over 25 years of experience, offers comprehensive family law services in Bangalore, Karnataka, and across India. They assist both residents and NRIs with child custody mediation, child support, divorce, adoption, and remarriage consultation. The firm’s network of family lawyers addresses cases based on India’s diverse family laws, which vary by religion and marriage registration. For Hindus and Christians, mutual consent provides a straightforward path for divorce.
The cost of divorce proceedings varies depending on the location of filing, the expertise of the lawyer, and whether the case is filed with mutual consent. Additional costs may apply if interim relief is required. Total litigation expenses typically cover consultation, drafting, filing, clerking, and court appearances, with potential extra charges for obtaining court records. All fees should be transparently discussed and agreed upon between the client and the lawyer. An estimate can be provided by the law firm or lawyer handling the case.
Mutual Divorce Petition and Ex-Parte Divorce: A Path to Resolution
The timeline for completing divorce proceedings in India can be unpredictable due to the heavy backlog of cases in the courts. For Hindus seeking a mutual consent divorce, a six-month waiting period is generally required, though the Supreme Court permits waiving this period in specific circumstances. If one spouse does not respond to court summons, an ex-parte divorce may be granted within around three months. When reconciliation proves unattainable despite sincere efforts, choosing a mutual or ex-parte divorce offers a fresh start, enabling both parties to move forward without prolonged legal battles.
Fundamental Principle
At Ashwa Law Associates, we recognize that a critical issue to resolve when considering divorce is child custody. If not managed with care, this highly emotional matter can have long-term impacts on both spouses and, more importantly, the child. Indian child custody law is guided by the fundamental principle of “the best interest and welfare of the child.” This means that, regardless of the claims made by either spouse, the court’s primary concern is the child’s well-being when determining custody. The court carefully assesses which arrangements will most benefit the child before granting custody to a parent. However, this does not prevent the other parent from maintaining a relationship with the child; visitation rights are often granted on specific days to preserve their bond. Joint or shared custody options are also available, allowing the child to spend time with both parents on a scheduled basis.
It’s a common misconception that a divorce cannot be granted if one spouse refuses consent. This is not the case. Under Hindu, Christian, and Muslim divorce laws, if a spouse petitions for divorce on legally valid grounds, the court can issue a divorce order if the case is proven, even if the other spouse objects. At Ashwa Law Associates, we provide guidance to help you navigate these complexities with sensitivity and expertise.
Office
7, Gandhi Bazaar Main Rd, above Indian Bank, Gandhi Bazaar, Basavanagudi, Bengaluru, Karnataka 560004
Contact Us
- ashwalawassociates@gmail.com
+91 88676 75444 - +91 99722 52679