Divorce Lawyers in Ahmedabad — Mutual Consent, Contested & Family Matters
a difficult chapter.
Divorce is a legal process wrapped around a personal one. Candour Legal handles both with discretion — mutual-consent and contested divorce, maintenance, custody and domestic-violence proceedings before the Family Court at Ahmedabad and the Gujarat High Court. We look for the settled outcome first, and we are prepared for trial when settlement is not on offer.
How we approach family matters
Most people sitting across our table have never been inside a courtroom, and would prefer to keep it that way. So the first conversation is not about war — it is about what you actually want at the end: a clean exit, financial security, time with your children, safety, or simply certainty. The legal strategy follows from that answer.
Where both sides can still talk, we push toward a negotiated settlement and a mutual-consent decree, because it is faster, cheaper and kinder to everyone involved — especially children. Where the other side litigates, we litigate properly: pleadings that hold, evidence marshalled early, and interim protections in place so you are not squeezed while the case runs. We act for husbands and wives in roughly equal measure, under Hindu, Muslim, Christian and Parsi personal law and the Special Marriage Act.
What we handle
Eight core workstreams across the Family Court and beyond.
Mutual-consent divorce
The Section 13B route — a jointly drafted settlement covering alimony, property, streedhan and custody, the first and second motions before the Family Court, and applications to waive the six-month waiting period where the Supreme Court’s tests are met. Done well, it is the quietest way through.
Contested divorce
Petitions and defences on the statutory grounds — cruelty, desertion, adultery and the rest — with the pleading discipline these trials demand, since the ground alleged on day one is the ground that must be proved years later. Judicial separation and annulment where they fit better.
Maintenance & alimony
Interim maintenance under Section 24 and permanent alimony under Section 25 of the Hindu Marriage Act, claims under Section 125 CrPC (now Section 144 BNSS), and the income-and-asset affidavits both sides must now file — argued from documents, whether we act for the claiming or the paying spouse.
Child custody & visitation
Custody and guardianship under the Guardians and Wards Act and Hindu law, interim custody and structured visitation, and relocation disputes — argued around the one principle courts treat as paramount: the welfare of the child, ahead of either parent’s claim.
Domestic violence proceedings
Protection, residence, monetary and custody orders under the Protection of Women from Domestic Violence Act — sought urgently where safety demands it, and defended where the Act is being used as pressure in a broader matrimonial fight.
The criminal side — 498A and allied FIRs
Matrimonial disputes often carry a criminal file with them — cruelty complaints, dowry allegations, streedhan recovery. Our criminal defence team handles bail, quashing and trial on the same facts, so the two proceedings run to one strategy instead of two.
NRI & cross-border divorce
One spouse abroad, marriages solemnised in India, foreign decrees and their recognition under Section 13 of the CPC, service and appearance from overseas, and Supreme Court transfer petitions — run through our NRI practice, largely over video.
Settlement, mediation & after the decree
Court-annexed mediation and negotiated family settlements, execution of maintenance orders that go unpaid, modification of custody and maintenance as circumstances change, and enforcement across states.
How a divorce proceeds
The usual sequence — whichever route the matter takes.
We hear the full history — privately, without judgment — and identify what you need protected first: finances, children, residence, safety, reputation.
An honest read of the strengths, the likely alimony and custody outcomes, and whether the other side will negotiate. The route chosen here sets the tone for everything after.
A mutual petition with a complete settlement deed — or a contested petition pleaded for trial. Jurisdiction, personal law and timing are settled before the first hearing.
Interim maintenance, custody and visitation arrangements, protection or residence orders, and injunctions against disposal of assets — so the waiting period does not become the punishment.
The final decree, recorded settlements, transfer of streedhan and property as agreed, and execution where orders are not honoured. The file closes when the terms are actually performed.
Why clients trust us with family matters
Family matters are handled by a small team, discussed with no one, and scheduled so you are not sitting in a crowded waiting room.
We negotiate hard for the settled outcome, and the other side negotiates seriously because they know we will try the case if talks fail.
We have acted for husbands and for wives, for claiming and paying spouses. Knowing the opposite playbook makes ours better.
Fee structures are explained at the start — stage-wise and in writing — so a difficult year is not made worse by surprise bills.
Frequently Asked Questions
Asked in almost every first consultation — answered plainly.
How long does a mutual-consent divorce take in Ahmedabad?
The petition can be filed after one year of living separately. The Act provides a six-to-eighteen-month window between the first and second motions; the Supreme Court has held the six-month wait can be waived where the marriage is beyond repair and the parties have genuinely settled, and Family Courts do grant waivers on those facts. With a waiver, a mutual-consent divorce can conclude in a few months; without one, expect roughly seven to nine months end to end.
What are the grounds for a contested divorce?
Under the Hindu Marriage Act the main grounds are cruelty — which covers sustained mental cruelty, not only violence — desertion for two years, adultery, conversion, unsoundness of mind and incurable disease, with parallel grounds under the Special Marriage Act and other personal laws. The ground must be pleaded specifically and proved by evidence; choosing the right ground at filing matters more than most people expect.
How is alimony or maintenance decided?
There is no fixed formula. Courts weigh both sides’ income and assets — disclosed in sworn affidavits — the standard of living during the marriage, its duration, earning capacity and who has care of the children. Interim maintenance keeps the dependent spouse running during the case; permanent alimony at decree may be a lump sum or monthly. Well-documented finances, on either side of the argument, are what move the number.
Who gets custody of the children?
Neither parent automatically. The welfare of the child is the paramount consideration — stability, schooling, care arrangements and, for older children, their own preference. Courts increasingly structure shared arrangements: primary residence with one parent and defined overnight and holiday time with the other. Custody is also the area where a fought settlement serves children far better than a fought trial, and we say so to our own clients.
Can I get divorced if my spouse refuses?
Yes — that is what a contested petition is. Consent is only required for the Section 13B route. A spouse who refuses to participate cannot stall the case indefinitely: courts can proceed ex parte against a party who stays away after service. The real question is proving a ground, and that is assessed honestly at the first consultation before you commit to years of litigation.
My spouse is abroad. Can the divorce still proceed in India?
Yes. Indian courts take jurisdiction where the marriage was solemnised or the parties last resided together, service abroad is effected through the prescribed channels, and appearance by video is increasingly permitted — our NRI clients rarely travel for hearings. A decree already obtained abroad is not automatically valid here; its recognition depends on Section 13 of the CPC, and checking that first can save an entire second round of litigation.
Is property divided 50–50 on divorce?
No. India has no community-property law — assets remain with the spouse holding title, and the court’s power at divorce runs through alimony and settlement rather than automatic division. Streedhan — a wife’s jewellery, gifts and property — remains hers absolutely and is recoverable as such. In practice, property is dealt with in the negotiated settlement, which is exactly why the settlement deserves as much lawyering as the petition.
Talk to us before you decide anything
One confidential conversation will tell you where you stand — the realistic outcomes on money and custody, the routes available, and what each would cost. Whatever you choose after that, you will choose it informed.
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