Family Law
Custody and guardianship, maintenance and alimony, domestic violence, and financial settlement in high-income and NRI divorces, before the Family Courts at Bangalore. Divorce and matrimonial dissolution is dealt with on a separate page.
The Family Courts at Bangalore
Family disputes in Bangalore are heard by the Principal Family Court and the Additional Family Courts constituted under the Family Courts Act, 1984. The Act was passed to secure a conciliatory approach in family matters, and Section 9 requires the court to make an effort at settlement before proceeding to trial. Procedure is less formal than in ordinary civil courts, and Section 13 limits the right to be represented by a legal practitioner as of right, though in practice courts routinely permit representation.
Family law in India is not a single code. It is governed by the personal law of the parties — Hindu, Muslim, Christian or Parsi — overlaid by secular statutes such as the Special Marriage Act, 1954 and the Protection of Women from Domestic Violence Act, 2005 that apply irrespective of religion. Establishing which law governs is the starting point of any family matter.
Advocate Partha Sarkar
Family law matters are led by Advocate Partha Sarkar, an advocate with a long-standing practice at the Bar. He appears before the High Court of Karnataka, the Principal Family Court and the Additional Family Courts at Bangalore, and the Magistrate Courts in maintenance and domestic violence proceedings.
Family matters are handled with confidentiality, and correspondence through this website does not create a lawyer-client relationship.
Child Custody & Guardianship
Custody is decided on the paramount consideration of the welfare of the child, a principle that overrides the ordinary legal rights of either parent. The court weighs the child's age, the existing emotional bond, the stability and continuity each parent can offer, schooling, and — where the child is of sufficient maturity — the child's own preference.
Guardianship petitions are brought under the Guardians and Wards Act, 1890, read for Hindus with the Hindu Minority and Guardianship Act, 1956. Section 6 of the 1956 Act provides that custody of a child below the age of five ordinarily lies with the mother, though this too yields to welfare on the facts of the case.
Custody petitions before the Family Court
Guardianship petitions under the GWA 1890
Visitation and access arrangements
Interim custody applications
Habeas corpus in child removal cases
Modification of existing custody orders
Child Custody & Guardianship in detail →
Read: Child Taken Abroad or Brought to India →
Maintenance & Alimony
Maintenance may be claimed through more than one route, and the choice of forum matters. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC) provides a summary remedy before the Magistrate for a wife, children or parents unable to maintain themselves, and it applies regardless of religion. Under the Hindu Marriage Act, 1955, Section 24 provides maintenance pendente lite and Section 25 permanent alimony. Section 18 of the Hindu Adoptions and Maintenance Act, 1956 gives a Hindu wife a separate right to be maintained.
In Rajnesh v. Neha (2020) the Supreme Court laid down a comprehensive framework requiring affidavits of disclosure of assets and income in all maintenance proceedings, and gave guidance on overlapping claims and the date from which maintenance is to run.
Maintenance under Section 144 BNSS
Interim maintenance (Section 24 HMA)
Permanent alimony (Section 25 HMA)
Claims against high-income and NRI spouses
Affidavits of disclosure of assets and income
Enforcement against assets and salary
Domestic Violence & Protection
The Protection of Women from Domestic Violence Act, 2005 provides civil remedies additional to any criminal proceeding. An application under Section 12 may seek a protection order restraining further acts of violence (Section 18), a residence order securing the right to reside in the shared household (Section 19), monetary relief (Section 20), custody of children (Section 21) and compensation (Section 22). Breach of a protection order is itself an offence under Section 31.
Criminal proceedings for cruelty by a husband or his relatives, formerly Section 498A of the Indian Penal Code, now fall under Section 85 of the Bharatiya Nyaya Sanhita, 2023 for offences committed on or after 1 July 2024. Both complainants and persons defending such allegations are represented.
Applications under Section 12 PWDVA
Protection and residence orders
Monetary relief and compensation
Cruelty proceedings (Section 85 BNS)
Dowry prohibition matters
Defence against false or inflated allegations
Financial Settlement in High-Income & NRI Divorces
Where one or both spouses have substantial income, business interests, foreign employment or assets in more than one country, the financial outcome usually matters as much as the divorce itself. The affidavits of disclosure of assets and income required by the Supreme Court in Rajnesh v. Neha (2020) become the central issue: salaries paid abroad, bonuses and stock options, income drawn through companies, and property held in other names all have to be identified and valued.
The right of residence in the shared household under Section 17 of the Protection of Women from Domestic Violence Act, 2005 — which the Supreme Court in Satish Chander Ahuja v. Sneha Ahuja (2020) held can extend to a house owned by the husband's relatives — the return of stridhan, and the custody and education of children are frequently negotiated together. A well-structured settlement can resolve the divorce, the maintenance claims and any connected criminal proceedings in a single, enforceable arrangement.
Disclosure and valuation of assets and income
Lump-sum permanent alimony
Income from business, foreign employment and stock options
Residence rights and the matrimonial home
Stridhan and jewellery
Global settlement of divorce, maintenance and criminal cases
Applicable Laws: Family Courts Act 1984, Hindu Marriage Act 1955, Special Marriage Act 1954, Hindu Adoptions and Maintenance Act 1956, Guardians and Wards Act 1890, Hindu Minority and Guardianship Act 1956, Protection of Women from Domestic Violence Act 2005, Bharatiya Nagarik Suraksha Sanhita 2023.
Family Law — Frequently Asked
How does a court in Bangalore decide child custody?
The welfare of the child is paramount and overrides the ordinary rights of the parents. The court considers the child's age, the existing emotional bond, the stability and continuity each parent can offer, schooling, and — where the child is old enough to form an intelligent preference — the child's own wishes. Under Section 6 of the Hindu Minority and Guardianship Act, 1956, custody of a child below five years ordinarily lies with the mother, but even that presumption yields to welfare on the facts.
Can maintenance be claimed while the main case is still pending?
Yes. Section 24 of the Hindu Marriage Act, 1955 allows either spouse to apply for maintenance pendente lite and the expenses of the proceeding where they have no independent income sufficient for their support. Separately, Section 144 of the BNSS (formerly Section 125 CrPC) provides a summary remedy before the Magistrate that operates independently of the matrimonial case. In Rajnesh v. Neha (2020) the Supreme Court required affidavits of disclosure of assets and income to be filed in all such proceedings, which has made the exercise considerably more structured.
What reliefs are available under the Domestic Violence Act?
An application under Section 12 of the PWDVA, 2005 may seek a protection order under Section 18, a residence order under Section 19 including the right to reside in the shared household, monetary relief under Section 20, custody of children under Section 21 and compensation under Section 22. The proceedings are civil in nature and can be pursued alongside a criminal complaint. Breach of a protection order is itself an offence under Section 31, punishable with imprisonment up to one year.
Can a wife living in Bangalore claim maintenance here if the marriage took place elsewhere?
Ordinarily yes. Under Section 145 of the BNSS, a maintenance application under Section 144 may be filed where the wife resides, and under Section 27 of the PWDVA, 2005 a domestic violence application may be filed where the aggrieved woman permanently or temporarily resides. The place of marriage does not decide the forum for these remedies. See NRI & cross-border family matters.
Is a lawyer permitted to appear in the Family Court?
Section 13 of the Family Courts Act, 1984 provides that a party is not entitled as of right to be represented by a legal practitioner, reflecting the Act's conciliatory design. In practice, however, the court may and routinely does permit representation, and may also engage a legal expert as amicus curiae. Section 9 obliges the court to attempt a settlement before proceeding to trial, so the early stage of a family matter is often directed at negotiation rather than litigation.
Enquiries on a matter in this area
The office can be reached for correspondence on the details below. An enquiry does not create a lawyer-client relationship, and no advice is given until a matter is formally accepted.