Family disputes are among the most personal legal matters a person can face. Divorce, maintenance, custody of children and family property involve emotions as much as law. They call for sensitivity, confidentiality and a clear focus on long-term wellbeing — especially where children are involved.
Adv. S. Mohamed Yunus represents clients before the Family Court and other forums in Coimbatore, and encourages counselling, mediation and settlement wherever possible and in the client's interest. Matters under the personal laws applicable to Hindus, Muslims and Christians, and under the Special Marriage Act, are handled.
Scope
Matters handled
- Mutual consent divorceJoint petitions with a fair settlement on alimony, custody and property.
- Contested divorceDivorce on grounds such as cruelty, desertion and other grounds recognised by personal law.
- Maintenance & alimonyInterim and permanent maintenance for spouses, children and parents.
- Child custody & visitationCustody, guardianship and visitation arrangements focused on the welfare of the child.
- Domestic violence reliefProtection, residence and monetary relief under the Protection of Women from Domestic Violence Act, 2005.
- Restitution of conjugal rightsPetitions seeking restoration of the marital relationship.
- Marriage registration & validityRegistration of marriage, annulment and declarations regarding marital status.
- Family settlementsSettlement agreements and division of family property to avoid prolonged litigation.
Process
How the process works
- 1
Confidential consultation
Understanding the family situation, concerns and priorities in complete confidence.
- 2
Options & counselling
Explaining the legal options and exploring counselling or mediation where appropriate.
- 3
Petition before the Family Court
Drafting and filing the petition or counter with supporting documents.
- 4
Hearing & settlement
Mediation, evidence and arguments leading to a decree or a recorded settlement.
Documents to keep ready
- Marriage certificate, invitation or photographs
- Address and identity proof of both spouses
- Income proof — salary slips, ITR, bank statements
- Birth certificates of children
- Details of streedhan, jewellery and property
- Relevant messages, emails, medical or police records
Relevant laws
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
- Dissolution of Muslim Marriages Act, 1939 and Muslim personal law
- Indian Divorce Act, 1869
- Guardians and Wards Act, 1890
- Protection of Women from Domestic Violence Act, 2005
FAQ
Frequently asked questions
How long does a mutual consent divorce take?
Under the Hindu Marriage Act, the first motion of a mutual consent divorce petition is usually followed by a six-month period before the second motion. The Supreme Court has held that this period can be waived by the court in appropriate cases.
Who gets custody of the children?
Custody is decided on the basis of the welfare of the child — considering age, education, emotional needs and the ability of each parent to care for the child. Visitation rights are usually given to the other parent.
Can a wife claim maintenance without filing for divorce?
Yes. A wife who is unable to maintain herself can claim maintenance from her husband under the applicable law even while the marriage subsists.
Are family court proceedings confidential?
Family Court proceedings may be held in camera where either party so desires, and emphasis is placed on counselling and conciliation. Information shared with your advocate is protected by professional confidentiality.
The information on this page is general in nature, based on the law as generally understood, and is not legal advice. Legal positions change and outcomes depend on the facts of each case. Please consult before acting on any information.
