Adv. Prisca Fernandes

A divorce by joint petition under Section 13B of the Hindu Marriage Act, 1955, or the corresponding provisions of the Special Marriage Act, 1954 and other personal laws, where both spouses agree to separate and settle questions such as alimony, custody and jointly held property.

A divorce petition under Section 13 of the Hindu Marriage Act, 1955, or the parallel provisions of the Special Marriage Act, 1954, the Divorce Act, 1869 and the Parsi Marriage and Divorce Act, 1936, on grounds such as cruelty or desertion.

The Special Marriage Act, 1954 governs civil marriages, including inter-faith marriages, irrespective of religion. Section 28 provides for divorce by mutual consent and Section 27 for divorce on the grounds it specifies.

A petition under Section 9 of the Hindu Marriage Act, 1955 (or Section 22 of the Special Marriage Act, 1954) where one spouse has withdrawn from the society of the other without reasonable excuse.

Custody, access and guardianship under the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956 and Section 26 of the Hindu Marriage Act, 1955. Courts decide these questions on the basis of the welfare of the child.

Interim maintenance (Section 24) and permanent alimony (Section 25) under the Hindu Marriage Act, 1955, for a spouse in proceedings under that Act. Separately, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 of the Code of Criminal Procedure, 1973) provides a summary remedy for maintenance of a wife, children and parents, irrespective of religion.

Applications under the Protection of Women from Domestic Violence Act, 2005 for protection, residence, monetary, custody and compensation orders, heard by the Magistrate.

Proceedings under Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 498A of the Indian Penal Code) and the Dowry Prohibition Act, 1961, including bail applications.

Marriage under the Special Marriage Act, 1954: notice of intended marriage to the Marriage Officer, the 30-day period for objections, the required declarations, and solemnisation and registration.

Suits for recovery of money, including summary suits under Order XXXVII of the Code of Civil Procedure, 1908, from the demand notice through trial, decree and execution.

Proceedings under Section 138 of the Negotiable Instruments Act, 1881: the statutory demand notice within 30 days of receiving information from the bank that the cheque was dishonoured, the complaint before the Magistrate, and trial or compounding. For complainants and accused persons.

Complaints under the Consumer Protection Act, 2019 concerning deficiency in service, defective goods, builder disputes, e-commerce and banking, before the Commission that has pecuniary jurisdiction.

A Will records how a person’s property is to be distributed after their death. Work includes drafting, execution and attestation, and optional registration under the Registration Act, 1908.

A gift is a voluntary transfer of existing property without consideration, accepted by the donee during the donor’s lifetime (Section 122, Transfer of Property Act, 1882). A gift of immovable property must be made by a registered instrument (Section 123). Stamp duty in Maharashtra is governed by the Maharashtra Stamp Act.

General and special powers of attorney for property, banking and litigation, with attestation and registration where required, including for persons living outside India.