Family and personal law in Chennai
Divorce, custody, maintenance, surrogacy, adoption, wills, succession and partition.
3 detailed guides on family and personal lawOverview
We advise and represent clients in Chennai and across Tamil Nadu in divorce, custody, maintenance, property, succession, surrogacy and adoption matters, under the personal law that applies to them (Hindu, Muslim or Christian) or under the Special Marriage Act.
Where a settlement is possible we try mediation first, since it is usually faster and less expensive than a trial. Where it is not, we take the case to court.
Divorce, custody and maintenance matters are heard by the Family Courts in Chennai; domestic violence applications go to Magistrates.
Personal Law guides
Each guide explains the law and procedure on one subject, with the sections involved and the court decisions that apply.
Maintenance and custody
Our Family & Personal Law services
Divorce and separation
Contested divorce
Divorce petitions and defences under the Hindu Marriage Act, 1955, the Dissolution of Muslim Marriages Act, 1939, the Divorce Act, 1869 and the Special Marriage Act, 1954.
Mutual consent divorce
Joint petitions under the Hindu Marriage Act, 1955 (Section 13B), the Special Marriage Act, 1954 (Section 28) or the Divorce Act, 1869 (Section 10A), and the settlement terms.
Judicial separation and annulment
Whether judicial separation or annulment fits the situation better than divorce, and representation in those proceedings.
NRI divorce
Divorces where one spouse lives abroad: which court has jurisdiction, recognition of foreign decrees, and assets in more than one country.
Restitution of conjugal rights
Petitions asking the court to direct a spouse who left without reasonable cause to return.
Mediation and settlement agreements
Mediation, with or without a court referral, and settlement agreements recording the outcome.
Children
Custody and guardianship
Custody and guardianship petitions under the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956, decided on the welfare of the child.
Visitation
Applications for visitation, the schedule that goes with it, and enforcement when it is not followed.
Cross-border removal of children
Custody and habeas corpus proceedings where a child has been taken out of India, or brought in, without one parent's consent. India is not a signatory to the 1980 Hague Convention on child abduction, so the child's welfare decides these cases.
Maintenance, property and domestic violence
Maintenance and alimony
Interim maintenance, permanent alimony, and maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 of the CrPC).
Enforcing maintenance orders
Recovering unpaid maintenance under court orders.
Matrimonial property and dowry
Dividing assets acquired during the marriage, and claims under the Dowry Prohibition Act, 1961.
Domestic violence
Protection orders under Section 18 and residence orders under Section 19 of the Protection of Women from Domestic Violence Act, 2005, and other reliefs before a Magistrate. We also defend false allegations of domestic violence or dowry harassment.
Surrogacy and assisted reproduction
Eligibility
Indian law allows only altruistic surrogacy. The Surrogacy (Regulation) Act, 2021 permits surrogacy only where there is a medical indication for gestational surrogacy and the arrangement is not commercial. In gestational surrogacy the child is not genetically related to the surrogate, and she cannot provide her own eggs.
Agreements and donor documentation
Surrogacy documentation, and egg and sperm donation documents under the Assisted Reproductive Technology (Regulation) Act, 2021.
Applications and certificates
The certificates of essentiality and eligibility, and the order on parentage and custody of the child from a Magistrate of the first class or above, which the Surrogacy (Regulation) Act, 2021 requires before the procedure begins.
OCI and NRI intending parents
How the Act and government notifications apply to OCI cardholders and NRIs undertaking surrogacy in India.
Advice for surrogate mothers
Explaining the arrangement to the surrogate before she agrees, and her rights to medical expenses and the 36 months of insurance cover the Act requires.
After the birth
Birth certificates naming the intending parents, citizenship and passports for the child.
Adoption
Adoption under the Juvenile Justice Act
Adoption through the Central Adoption Resource Authority under the Juvenile Justice (Care and Protection of Children) Act, 2015, and adoption orders from the District Magistrate within two months of filing.
Adoption under Hindu law
Adoptions under the Hindu Adoptions and Maintenance Act, 1956 and registration of the adoption deed.
Inter-country adoption
Adoptions involving parents or children abroad, where CARA acts as the Central Authority under the Hague Convention on Inter-country Adoption.
Children with special needs and post-adoption issues
Advice on adopting children with special needs, and on legal questions after the adoption is final.
Wills, succession and family property
Wills
Drafting wills and arranging their execution and attestation.
Probate and letters of administration
Probate, letters of administration and succession certificates under the Indian Succession Act, 1925, and administering the estate.
Succession without a will
Who inherits under the Hindu Succession Act, 1956, Muslim personal law under the Shariat Application Act, 1937, and the Indian Succession Act, 1925 for Christians.
Legal heir certificates
Applying for legal heir certificates and resolving objections.
Inheritance disputes
Challenges to wills on grounds such as undue influence or lack of capacity, and disputes over the division of an estate.
Partition and HUF property
Partition suits, shares in ancestral property, and dividing Hindu Undivided Family property.
Declaration and injunction suits
Suits to declare ownership of family property and stop its sale or transfer, and patta updates after a change in ownership.
Tax on family property
Capital gains tax and stamp duty when family property is divided or transferred.
Identity and capacity
Change of name
Formalities for a change of name, and updating official records.
Gender affirmation
Certificates of identity from the District Magistrate under the Transgender Persons (Protection of Rights) Act, 2019, and changes of name and gender on official documents.
Mental health
Nominated representatives and patients' rights under the Mental Healthcare Act, 2017. That Act has no guardianship procedure, so for a family member who cannot manage their own affairs the application is made to the High Court or, where it applies, under the National Trust Act, 1999.
Laws we work with
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
- Dissolution of Muslim Marriages Act, 1939
- Divorce Act, 1869
- Family Courts Act, 1984
- Protection of Women from Domestic Violence Act, 2005
- Bharatiya Nagarik Suraksha Sanhita, 2023
- Guardians and Wards Act, 1890
- Hindu Minority and Guardianship Act, 1956
- Hindu Succession Act, 1956
- Indian Succession Act, 1925
- Muslim Personal Law (Shariat) Application Act, 1937
- Hindu Adoptions and Maintenance Act, 1956
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Surrogacy (Regulation) Act, 2021
- Assisted Reproductive Technology (Regulation) Act, 2021
- Transgender Persons (Protection of Rights) Act, 2019
- Mental Healthcare Act, 2017
- Dowry Prohibition Act, 1961
Courts and tribunals
- Family Courts in Chennai
- Madras High Court
- Magistrate Courts in Chennai
- District Magistrate (adoption orders and transgender identity certificates)
Questions and answers
Frequently asked questions
7 questions. These answers are general information about Indian law, not legal advice on your situation.
How long does a mutual consent divorce take?
The couple must have lived separately for at least a year before filing, and the second motion falls between six and eighteen months after the petition is presented (Section 13B(2) of the Hindu Marriage Act, 1955). The Supreme Court held in Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746 that the six-month wait can be waived in exceptional cases. Section 28 of the Special Marriage Act, 1954 has the same window.
Can one spouse withdraw consent after the divorce petition is filed?
Yes. Either spouse can withdraw consent at any time before the decree is passed. In Hitesh Bhatnagar v. Deepa Bhatnagar, (2011) 5 SCC 234, the Supreme Court held that where one party withdraws consent before the second motion, the court cannot pass a decree of divorce.
Which documents are needed for a mutual consent divorce?
The spouses file a joint petition under Section 13B of the Hindu Marriage Act, 1955, stating that they have lived separately for at least a year, have not been able to live together and have agreed to dissolve the marriage. It is usually supported by the marriage certificate, identity and address proof of both spouses, and the agreed terms on maintenance, custody and property.
Which court decides divorce and custody cases in Chennai?
The Family Courts. Under Section 7 of the Family Courts Act, 1984, a Family Court exercises the jurisdiction of the district court over dissolution of marriage, maintenance, and the guardianship of, custody of, or access to a minor. Under Section 7(2)(a) of that Act, the Family Court also hears maintenance claims under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 of the CrPC). Magistrates hear applications under the Protection of Women from Domestic Violence Act, 2005.
How does the court decide who gets custody of a child?
The welfare of the child is the paramount consideration, under Section 13 of the Hindu Minority and Guardianship Act, 1956 and Section 17 of the Guardians and Wards Act, 1890. The court weighs the age and circumstances of the child, the capacity of the proposed guardian and, where the child is old enough to form an intelligent preference, that preference.
Is probate needed for a will in Chennai?
It is no longer compulsory. Until 21 December 2025, Section 213 of the Indian Succession Act, 1925 barred an executor or legatee under a will made by a Hindu, Buddhist, Sikh or Jain within the ordinary original civil jurisdiction of the Madras High Court from establishing that right in court without probate or letters of administration. The Repealing and Amending Act, 2025 omitted Section 213 with effect from that date. Probate can still be obtained under the Act's probate provisions, and banks and registrars may ask for it before releasing assets.
Do daughters have a share in ancestral property?
Yes. Under Section 6 of the Hindu Succession Act, 1956, a daughter of a coparcener becomes a coparcener by birth with the same rights and liabilities as a son. In Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1, the Supreme Court held that this applies to daughters born before or after the 2005 amendment.