Family law matters are among the most personally sensitive legal issues one can face. At ESB Global Law Advisory, we approach every family law engagement with empathy, discretion, and unwavering commitment to achieving the best possible outcome for our clients and their families. Our practice spans the full spectrum of matrimonial and family matters under India's diverse personal laws.
Our family law practice covers divorce and judicial separation proceedings, child custody and guardianship disputes, maintenance and alimony claims, domestic violence protection orders under the PWDV Act 2005, succession and inheritance planning, adoption proceedings, and pre-nuptial and post-nuptial agreements. We are experienced in proceedings before Family Courts, the Bombay High Court, and the Supreme Court of India.
We also handle complex cross-border family law matters involving NRI spouses, international custody disputes under the Hague Convention framework, and succession planning for families with assets across multiple jurisdictions — leveraging our international network to coordinate multi-jurisdictional proceedings.
Under the Hindu Marriage Act 1955, grounds for divorce include cruelty, adultery, desertion for two or more years, conversion to another religion, unsoundness of mind, venereal disease, renunciation of the world, and presumption of death. Mutual consent divorce is available under Section 13B after one year of separation. The Special Marriage Act provides similar grounds. ESB Global handles divorce proceedings with sensitivity and discretion, protecting clients' interests and their family's well-being.
Indian family courts determine child custody based on the 'welfare of the child' principle under the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. Factors considered include the child's age, physical and emotional needs, each parent's ability to provide care, the child's preference (if old enough), financial stability, and the child's existing environment. Courts increasingly favour shared parenting and visitation rights. ESB Global advocates for custody arrangements that prioritise children's best interests.
Succession in India is governed by personal laws: the Hindu Succession Act 1956 (for Hindus, Buddhists, Jains, Sikhs), the Indian Succession Act 1925 (for Christians and Parsis), and Muslim personal law. Testamentary succession follows a valid will; intestate succession follows the applicable personal law hierarchy. Key considerations include obtaining a succession certificate or probate, handling joint family property, dealing with ancestral vs self-acquired property, and managing NRI succession matters. ESB Global provides comprehensive succession planning and estate administration services.
Family law intersects with several other legal domains. Our integrated approach ensures comprehensive coverage.
Matrimonial property division, family settlement agreements, and succession-related real estate transfers.
Learn MoreFamily mediation, matrimonial arbitration, and alternative dispute resolution for family matters.
Learn MoreCross-border family law matters, NRI matrimonial issues, and international custody proceedings.
Learn MoreFamily business succession, partnership disputes involving family members, and HUF structuring.
Learn MoreJoint account disputes, succession to financial assets, and family trust establishment and management.
Learn MoreMaternity and paternity benefits, workplace implications of family changes, and employee welfare schemes.
Learn MoreWhether it's a matrimonial matter, custody dispute, or succession planning, our team handles every case with care and discretion.