Matrimonial cases involve legal matters arising from disputes or issues between spouses, typically related to marriage, divorce, maintenance, alimony, child custody, or domestic violence. These cases are governed by personal laws depending on the religion of the individuals involved (such as Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act, etc.) and the Special Marriage Act for interfaith marriages.
Common matrimonial cases include contested or mutual consent divorce, judicial separation, annulment of marriage, dowry harassment cases under Section 498A IPC, and maintenance claims under Section 125 CrPC. Courts may also be approached for child custody, visitation rights, and protection from domestic abuse under the Protection of Women from Domestic Violence Act, 2005.
Matrimonial disputes are typically handled by Family Courts, which aim for a conciliatory and humane approach. These courts also prioritize the welfare of children involved. Legal representation helps parties navigate complex emotional and legal issues with clarity.
The objective of matrimonial litigation is not only to resolve disputes but also to protect the legal rights and dignity of the individuals involved, particularly vulnerable parties like women and children. Alternate Dispute Resolution (ADR) methods like mediation are often encouraged to achieve amicable settlements without prolonged court battles.
