Family Practice

Family & Matrimonial Law

Mutual Consent Divorce, Contested Litigation, Maintenance Strategy, Child Custody & Confidential Family Settlements.

Practice Overview

Matrimonial and family disputes require a balanced combination of emotional discretion, realistic legal assessment, and strategic procedural preparation. RCS & Associates represents clients in mutual consent divorce proceedings under Section 13B of the Hindu Marriage Act (HMA), contested matrimonial litigation, interim and final maintenance claims under Section 144 BNSS / Section 125 Cr.P.C., child custody and visitation disputes, domestic violence proceedings, and structured family settlement agreements before the Family Court in Haridwar (Roshnabad) and Roorkee Courts.

Key Focus & Specialization Areas

Mutual Consent Divorce (Sec 13B HMA)

Drafting joint petitions under Section 13B HMA, coordinating statement recordings, and seeking cooling-off period waivers where legally permissible.

Contested Divorce Proceedings

Prosecuting and defending contested divorce petitions on grounds of cruelty, desertion, adultery, and mental incompatibility.

Maintenance & Alimony Claims

Strategic representation in maintenance proceedings under Section 144 BNSS / Section 125 Cr.P.C. with mandatory income and asset disclosure affidavits.

Child Custody & Visitation Rights

Handling guardianship petitions, interim visitation schedules, and custody agreements centered on the paramount welfare of the minor child.

Family Settlement Deeds & MoUs

Drafting structured Memorandum of Understanding (MoU), return of Stridhan, and comprehensive mutual property settlements.

Applicable Statutory Framework

Hindu Marriage Act, 1955 (Sections 13, 13B, 24, 25)
Special Marriage Act, 1954 & Guardians and Wards Act, 1890
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS Section 144) / Cr.P.C. (Section 125)
Protection of Women from Domestic Violence Act, 2005 (PWDVA)

Frequently Asked Questions

Mutual consent divorce involves first motion filing, statutory cooling-off period (which can be waived by court discretion in appropriate circumstances pursuant to Supreme Court precedents), second motion recording, and final decree issuance.

Courts assess comprehensive income and asset affidavits, financial liabilities, dependent family members, and lifestyle parity pursuant to Supreme Court guidelines in Rajnesh v. Neha.

Matrimonial petitions and divorce matters are adjudicated by the Family Court in the District Court Complex at Haridwar (Roshnabad), while maintenance and domestic violence complaints can also be initiated before Magistrate Courts at Roorkee.

Legal Consultation & Case Review

Discuss your legal matter, High Court writ petition, bail application, or property dispute with our senior advocates & legal counsel.

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RCS & Associates Chambers

Led by Advocate Ramesh Chand Saini (Ex-Senior Prosecuting Officer, UP) & Advocate Amardeep Saini (Notary & Advocate).

Roorkee, District Haridwar, Uttarakhand

10:00 AM to 07:00 PM (Everyday)

+91-9760038721

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Other Practice Areas

High Court of Uttarakhand

Regular litigation representation before the Nainital bench for constitutional writs, bail, FIR quashing, and civil appeals.

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