Divorce · Maintenance · Child Custody · Domestic Violence · NRI & Cross-Border
Divorce, maintenance, custody and domestic violence matters — and the criminal cases that arise from them — conducted personally by Advocate Partha Sarkar before the Family Courts at Bangalore and the High Court of Karnataka. Consultations in English (Bengali, Hindi and Kannada also spoken), in person or by video conference for clients outside Bangalore or abroad.
Family matters are the core of this practice and are conducted personally by Advocate Partha Sarkar, from the Family Court through to the High Court of Karnataka.
Mutual consent divorce under Section 13B and contested divorce under Section 13 of the Hindu Marriage Act, divorce under the Special Marriage Act and other personal laws, judicial separation, nullity, alimony and settlement agreements.
Divorce & Matrimonial →Interim maintenance and permanent alimony under Sections 24 and 25 of the Hindu Marriage Act and Section 144 of the BNSS, disclosure of assets and income, and lump-sum settlements in high-income and NRI divorces.
Financial Settlement →Custody and visitation, guardianship under the Guardians and Wards Act, 1890, interim custody, modification of orders, and habeas corpus where a child has been removed — including removal across state or national borders.
Child Custody →Applications under Section 12 of the Protection of Women from Domestic Violence Act, 2005 for protection, residence, monetary relief and custody orders, and the defence of such applications.
Domestic Violence →Cruelty complaints under Sections 85 and 86 of the BNS (formerly Section 498A IPC), dowry prohibition matters, anticipatory and regular bail, and quashing petitions before the High Court, including quashing on settlement.
Matrimonial Criminal Matters →Matrimonial appeals from the Family Courts under Section 19 of the Family Courts Act, 1984, revisions against maintenance orders, quashing petitions under Section 528 of the BNSS, and writ and habeas corpus petitions in custody matters.
Matrimonial Appeals →Many family disputes cross borders: one spouse is abroad, the marriage took place overseas, or an Indian is married to a foreign national. Where the dispute has a connection with Bangalore, the courts here may have jurisdiction.
Where one or both spouses live abroad: which court has jurisdiction, mutual consent through a power of attorney, and appearance by video conference.
Marriages between an Indian and a foreign national, often under the Special Marriage Act or the Foreign Marriage Act — divorce, maintenance and custody when the family is connected with Bangalore.
Maintenance and domestic violence proceedings may be filed where the wife resides, even if the marriage took place elsewhere in India or abroad.
Whether a divorce or custody order obtained abroad will be recognised in India, and what to do if it is not.
The practice deliberately accepts a limited number of matters at a time, so that each is conducted personally — from the first consultation to the final order. Engagements are on written terms, with professional fees agreed at the outset. What follows is a general outline of procedure, not a commitment as to timing or outcome in any case.
In person at Bangalore or by video conference. The facts, the documents, and the personal law that governs the marriage are reviewed.
Which court can hear the matter, and which remedies — divorce, maintenance, domestic violence, custody — should be pursued and in what order.
The petition is drafted and filed, with applications for interim maintenance, custody or protection where needed. Clients abroad may act through a power of attorney.
Family Courts first attempt settlement. Where that fails, the matter proceeds to evidence and judgment, with appeal to the High Court.
A family dispute rarely stays in one court. Divorce and custody are heard by the Family Court, maintenance and domestic violence often before the Magistrate, criminal complaints by the police and the criminal courts, and appeals and quashing petitions by the High Court. These are handled together, with one view of the whole dispute.
Consultations are by appointment, in person at Bangalore or by video conference for clients elsewhere in India and abroad.
Looking for corporate, cyber or international matters? Partha Law also has a Corporate Practice for startups and companies entering India, a Cyber Disputes practice, and an International Clients practice for clients abroad and foreign nationals in India.
General answers to common questions on family and matrimonial matters in Bangalore, including for clients living abroad.
Often yes. Under Section 19 of the Hindu Marriage Act, 1955 a petition may be filed where the marriage was solemnised, where the respondent resides, where the parties last lived together, where the wife resides on the date of filing if she is the petitioner, or where the petitioner resides if the respondent lives outside India. Marriages under the Special Marriage Act, 1954 follow Section 31 of that Act. Whether a Bangalore court has jurisdiction depends on the facts and should be checked before filing.
Maintenance under Section 144 of the BNSS (formerly Section 125 CrPC) may be filed where the wife resides, under Section 145. An application under the Protection of Women from Domestic Violence Act, 2005 may be filed where the aggrieved woman permanently or temporarily resides, carries on business or is employed, under Section 27. A wife living in Bangalore can therefore ordinarily approach the courts here even if the marriage took place elsewhere.
Not necessarily. Courts have permitted appearance by video conference, and representation through a duly executed and apostilled power of attorney, in appropriate cases, particularly in mutual consent proceedings. Personal appearance may still be required at key stages, and the practice of the individual court should be checked at the outset.
Not automatically. A foreign decree is tested against Section 13 of the Code of Civil Procedure, 1908. In Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) the Supreme Court held that a foreign matrimonial decree is generally recognised only where the jurisdiction assumed and the ground of dissolution accord with the law under which the parties were married. Many ex parte foreign decrees fail this test.
Section 13B of the Hindu Marriage Act, 1955 requires a joint petition, a first motion, an interval of six months, and a second motion within eighteen months. A straightforward matter commonly concludes in six to eighteen months. In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held the six-month period to be directory, so it may be waived where all issues are genuinely settled.
Appeals from judgments and orders of the Family Courts lie to the High Court under Section 19 of the Family Courts Act, 1984. Petitions to quash criminal proceedings arising out of matrimonial disputes are filed under Section 528 of the BNSS, revisions are filed against maintenance orders, and writ and habeas corpus petitions are filed in custody matters.
The welfare of the child is paramount and overrides the ordinary rights of either parent. The court weighs the child's age, emotional bond, stability, schooling and, where the child is mature enough, the child's own wishes. Under Section 6 of the Hindu Minority and Guardianship Act, 1956, custody of a child below five ordinarily lies with the mother, though that too yields to welfare.
Educational articles on family law, recent judgments and legal procedure, for general awareness.
A Supreme Court ruling every NRI family should know: why a divorce decree from abroad can still leave you legally married in India.
Read Article →How the Supreme Court dissolved a long-estranged marriage, closed over eighty proceedings, and what it said about maintenance claims.
Read Article →The routes to maintenance, how courts assess it, and the disclosure framework laid down in Rajnesh v. Neha.
Read Article →This website is informational. For legal matters, you may reach the office through the details below. Communication via this form is not confidential and does not constitute legal advice or create an attorney-client relationship.
In person at Bangalore, or by video conference for clients elsewhere in India and abroad
Suryanagar, Bangalore – 560092, Karnataka
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