Matrimonial & Family Law

Transfer petitions before the Supreme Court of India, and matrimonial appeals before the Delhi High Court on divorce, maintenance, child custody and the rights of elderly parents.

The Chambers of Kumar Abhishek & Associates handles matrimonial matters at the appellate level from New Delhi — transfer petitions before the Supreme Court of India, and matrimonial appeals before the High Court of Delhi relating to divorce, maintenance, child custody and the rights of elderly parents.

Matrimonial disputes often run on several tracks at once, sometimes in courts in different States. The Chambers prepares each matter with close attention to the record and the governing personal law, and with an eye to settlement where it serves the client.

Matters Handled

  • Transfer petitions before the Supreme Court to move matrimonial cases from one State to another
  • Matrimonial appeals before the Delhi High Court relating to divorce
  • Appeals relating to maintenance
  • Appeals relating to child custody
  • Matters concerning the rights of elderly parents
General Information

Frequently Asked Questions

Can a matrimonial case be transferred to another city or State?

Yes. The Supreme Court can transfer a case from a court in one State to a court in another under Section 25 of the Code of Civil Procedure. Such transfer petitions are common where a spouse lives far from the court where the case was filed. Within a State, the High Court or District Court can transfer cases.

Where does an appeal against a Family Court judgment go?

Under Section 19 of the Family Courts Act, 1984, an appeal against a judgment or order of a Family Court lies to the High Court. In Delhi, such appeals are heard by the High Court of Delhi.

How long does a divorce by mutual consent take?

Under Section 13B of the Hindu Marriage Act, 1955, the spouses must have lived separately for at least a year before filing. The Act provides a six-month period between the first and second motions, but the Supreme Court has held in Amardeep Singh v. Harveen Kaur (2017) that this period may be waived in suitable cases.

Can elderly parents claim maintenance from their children?

Yes. Parents and senior citizens unable to maintain themselves can claim maintenance from their children under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and parents can also claim maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 of the Code of Criminal Procedure).

This is general information about legal procedure, not legal advice on any particular matter.

Contact the Chambers

Meetings at the Chambers are by prior appointment. Contact details and an enquiry form are available on the contact page.

Contact Details