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Family Law
Most people who contact the office about a family matter have already been living with the problem for some time. By the time they sit down with a lawyer, they want two things: a clear picture of where they stand, and a sensible plan that does not make an already painful situation worse. Adv. K Rajesh Kannan, a High Court of Kerala advocate with over 24 years of practice, approaches family cases in exactly that way, with discretion, candour and firm advocacy when it is needed.
He advises on the full range of matrimonial disputes that come before the Family Courts in Kerala, and takes up matrimonial appeals and related petitions before the High Court of Kerala. Family Court cases in Ernakulam and elsewhere in Kerala are also handled through the office. Where the parties are willing, the effort goes first into a negotiated settlement, because an agreed outcome on custody, maintenance and property is usually faster and easier to live with than one imposed after years of litigation. Where settlement is not possible, you are told plainly what the court process involves and what to prepare.
Clients include people living in Kochi and across Kerala, and Keralites working abroad who need advice on proceedings here while they are in the Gulf, the UK or elsewhere.
Family law matters handled include:
- Divorce by mutual consent
- Contested divorce and judicial separation
- Child custody, guardianship and visitation
- Maintenance for wife, children and parents
- Return of gold, money and property after separation
- Domestic violence cases under the PWDV Act, for aggrieved women and for respondents
- Restitution of conjugal rights and related petitions
Questions people often ask
How long does a mutual consent divorce take in Kerala?
Under Section 13B of the Hindu Marriage Act, the couple must have lived separately for at least one year before filing. The second motion is ordinarily moved six months after the petition is filed, though the Supreme Court has held that the Family Court may waive this waiting period in suitable cases. In practice, the time taken depends on the court’s calendar and on whether both parties attend as required.
Which court should the petition be filed in?
A divorce petition can generally be filed in the Family Court where the marriage was solemnised, where the parties last lived together, where the respondent lives, or, if the wife is the petitioner, where she is living at present. Christian, Muslim and inter-faith marriages are governed by their own statutes, and the choice of court is worked out on the facts.
I live abroad. Can the case be handled without my coming to Kerala for every hearing?
Much of the preparation can be done remotely, and a power of attorney can be used for certain steps. Personal appearance is still required at some stages, particularly in a mutual consent petition, and courts have allowed video appearance in some circumstances. This is assessed case by case.
Can maintenance be claimed before the divorce is decided?
Yes. Interim maintenance and litigation expenses can be claimed while the main case is pending, both under the personal law that applies and under the Bharatiya Nagarik Suraksha Sanhita.
To discuss your situation, you can book a consultation or call the office on +91 94472 90234.
This page gives general information about the law in Kerala. It is not legal advice on any particular case.
