Family & Personal

Matrimonial, Family & Divorce Law

Divorce, judicial separation, restitution, maintenance and matrimonial disputes.

Matrimonial disputes are as much personal as they are legal, and we handle them that way — privately, patiently and without inflaming a situation that already hurts. We act in contested and mutual-consent divorces, judicial separation, restitution of conjugal rights, maintenance, dowry-harassment defence and family succession, under Hindu, Muslim, Christian and Special Marriage Act law.

Matrimonial, Family & Divorce Law — Tyagi & Associates
Personally handled by senior counsel
Ghaziabad · Noida · Greater Noida · Hapur · Delhi
Governing law
Hindu Marriage Act · Special Marriage Act · BNSS
Forum
Family Court of the district
Mutual divorce
6–18 months (cooling-off waivable)
Contested divorce
2–5 years, depending on defence
What we handle

Scope of services

Mutual-consent divorce
Contested divorce on cruelty, desertion or adultery
Judicial separation
Restitution of conjugal rights
Maintenance & permanent alimony
Section 498A / dowry-harassment defence
Annulment of void & voidable marriages
Settlement agreements & succession
How we work

Our approach

  1. 01

    Confidential brief

    A private consultation to understand your goals, boundaries and what you are not willing to trade away.

  2. 02

    Strategy

    Contested vs mutual, custody, maintenance and asset division mapped clearly with realistic costs and timelines.

  3. 03

    Filing & mediation

    Petitions filed; court-annexed mediation attempted wherever a dignified settlement is possible.

  4. 04

    Decree & closure

    Decree, custody orders and maintenance formalised, with follow-through on enforcement.

Come prepared

Documents to bring

Bring whatever you have of the following to the first consultation. Missing a document is not a reason to delay — we will tell you how to obtain it.

Book a consultation
  • Marriage certificate or proof of marriage
  • Wedding photographs and invitation card
  • Address proof of both spouses
  • Income proof — salary slips or ITR of both parties
  • Details of assets, jewellery and joint accounts
  • Any FIR, DV complaint or prior court order
  • Children's birth certificates, if applicable
FAQs

Questions we hear often

Have a different question? Book a confidential consultation and we'll walk you through the specifics.

How long does a mutual-consent divorce take?

Typically 6–18 months. Section 13B of the Hindu Marriage Act requires a six-month cooling-off period between the first and second motion, but the Supreme Court in Amardeep Singh v. Harveen Kaur held this is directory, not mandatory — so courts can and do waive it where the separation is already long and settlement is genuine.

On what grounds can I file a contested divorce?

Cruelty (mental or physical), desertion for two years or more, adultery, conversion, unsoundness of mind, virulent disease or renunciation of the world. Cruelty is the most commonly pleaded ground, and it covers sustained mental cruelty, not only physical violence.

Can my husband or wife stop the divorce by simply not appearing?

No. If the respondent avoids service or stops appearing, the court proceeds ex parte and can grant the decree on your evidence alone. Deliberate non-appearance delays the case but does not defeat it.

Will I have to appear in court personally?

For mutual-consent divorce, both parties must appear for the first and second motion, though courts increasingly permit video appearance for parties living abroad. In contested matters, your presence is needed mainly for evidence and cross-examination — we handle routine dates.

How is maintenance or alimony decided?

Courts weigh the income and earning capacity of both spouses, the standard of living during the marriage, liabilities, and the needs of any children. There is no fixed formula, but appellate courts commonly treat around 25% of the husband's net income as a reasonable benchmark for spousal maintenance.

My spouse has filed a false 498A case. What can I do?

Defend it properly and promptly. We seek anticipatory bail for you and your family members, apply for quashing under Section 528 BNSS where the complaint is plainly retaliatory, and use the Supreme Court's Arnesh Kumar guidelines to resist automatic arrest.

Ready to discuss your matrimonial, family & divorce law matter?

Confidential consultation across Ghaziabad, Noida, Greater Noida, Hapur and Delhi NCR. Same-day response on WhatsApp.