Family Court Lawyers Advocates India | Mohali Law Firm

Family courts in India handle a variety of matrimonial and family-related disputes. This page outlines the different types of family court cases filed in both lower courts and high courts in India.

1. Divorce Cases

Divorce cases are among the most common family law disputes. These cases involve the legal dissolution of a marriage between two parties. The types of divorce cases include:

• Mutual Consent Divorce: A divorce where both spouses agree to the dissolution of marriage, without any dispute over the division of property or alimony. The couple submits a petition before the court for approval.
• Contested Divorce: A divorce where one spouse files for divorce and the other contests the petition. Grounds for contested divorce include cruelty, adultery, desertion, etc.
• Annulment of Marriage: This is a case where the marriage is declared null and void due to specific reasons like fraud, impotence, or lack of consent.

2. Alimony and Maintenance Cases

Alimony or maintenance cases are filed to claim financial support from the spouse after separation or divorce. The primary types of cases in this category include:

• Permanent Alimony: This involves a spouse claiming permanent financial support after divorce, which is determined by the court based on the financial capacity of the paying spouse.
• Interim Alimony: This type of maintenance is granted during the pendency of divorce proceedings to provide immediate relief to the spouse seeking support.
• Child Maintenance: A parent may file for maintenance for the financial support of a minor child, including expenses for education, healthcare, and overall well-being.

3. Child Custody Cases

Child custody cases typically involve the determination of which parent will have physical and legal custody of a child after divorce or separation. These cases can be divided into:

• Legal Custody: This determines which parent will have the right to make significant decisions regarding the child's welfare, including education, healthcare, and religion.
• Physical Custody: This determines where the child will live, either with the mother, father, or in joint custody arrangements.
• Joint Custody: In cases of joint custody, both parents share the responsibility of caring for the child, although the child may primarily live with one parent.
• Visitation Rights: A parent who does not have physical custody may file for visitation rights to spend time with the child.

4. Domestic Violence Cases

Domestic violence cases are filed under the Protection of Women from Domestic Violence Act, 2005. These cases address abuse within a domestic setting, including physical, emotional, and financial violence. These can include:

• Physical Abuse: Cases where a spouse or family member physically harms the victim, leading to a legal claim for protection and compensation.
• Emotional or Psychological Abuse: This involves cases where the victim faces mental or emotional harm, such as threats, harassment, or verbal abuse.
• Financial Abuse: Cases where a family member or spouse restricts access to money or resources, leaving the victim financially dependent and vulnerable.

5. Property Disputes

Property disputes in family law typically arise in cases of inheritance, division of assets during divorce, or disagreements over ancestral property. These include:

• Division of Marital Property: In divorce cases, the court may order the equitable division of property acquired during the marriage.
• Disputes Over Inheritance: These cases often arise when heirs or family members contest the distribution of ancestral property, especially in cases where a will is challenged.
• Partition Suits: Cases where family members file for a legal division of property that they jointly own, often arising between siblings or between parents and children.

6. Adoption Cases

Adoption cases are filed when individuals or couples wish to legally adopt a child. These cases involve the following processes:

• Adoption of a Minor Child: This involves adopting a child under the age of 18, typically under the Hindu Adoption and Maintenance Act (HAMA) or the Juvenile Justice (Care and Protection of Children) Act.
• Inter-Country Adoption: In cases where parents from India wish to adopt a child from another country, they must comply with the guidelines set by the Central Adoption Resource Authority (CARA).
• Step-Parent Adoption: When a stepparent wishes to adopt their spouse’s biological child, a petition is filed in the family court to grant adoption rights.

7. Marriage Annulment Cases

Marriage annulment cases seek to declare a marriage void or invalid. Grounds for annulment can include:

• Lack of Consent: Cases where one party did not give valid consent to the marriage due to factors like coercion, intoxication, or misunderstanding.
• Impotence: A spouse may file for annulment if the other party is unable to consummate the marriage due to physical or psychological reasons.
• Fraud or Misrepresentation: If one party was misled about the other’s background or intentions (e.g., hiding a prior marriage or deception about wealth), an annulment can be requested.

8. Maintenance for Elderly Parents

Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, elderly parents may file for maintenance if their children neglect them or fail to provide adequate financial support. This includes:

• Claims for Financial Support: Parents can approach family courts or tribunals for monthly financial support if they are unable to maintain themselves.
• Property Disputes with Children: In some cases, elderly parents file cases for property disputes where children refuse to support them financially or forcefully take possession of their property.

9. Reconciliation and Mediation Cases

Family courts often encourage reconciliation and mediation to resolve disputes without litigation. These cases include:

• Pre-Litigation Mediation: Before filing a formal case, parties may attempt to settle their differences through mediation with the assistance of a neutral third party.
• Post-Divorce Mediation: After a divorce, families may engage in mediation to resolve child custody or visitation rights and financial matters.

For legal assistance with family court cases in India, contact Mohali Law Firm.