Transfer petitions before the Supreme Court of India, and matrimonial appeals before the Delhi High Court on divorce, maintenance, child custody and the rights of elderly parents.
The Chambers of Kumar Abhishek & Associates handles matrimonial matters at the appellate level from New Delhi — transfer petitions before the Supreme Court of India, and matrimonial appeals before the High Court of Delhi relating to divorce, maintenance, child custody and the rights of elderly parents.
Matrimonial disputes often run on several tracks at once, sometimes in courts in different States. The Chambers prepares each matter with close attention to the record and the governing personal law, and with an eye to settlement where it serves the client.
Yes. The Supreme Court can transfer a case from a court in one State to a court in another under Section 25 of the Code of Civil Procedure. Such transfer petitions are common where a spouse lives far from the court where the case was filed. Within a State, the High Court or District Court can transfer cases.
Under Section 19 of the Family Courts Act, 1984, an appeal against a judgment or order of a Family Court lies to the High Court. In Delhi, such appeals are heard by the High Court of Delhi.
Under Section 13B of the Hindu Marriage Act, 1955, the spouses must have lived separately for at least a year before filing. The Act provides a six-month period between the first and second motions, but the Supreme Court has held in Amardeep Singh v. Harveen Kaur (2017) that this period may be waived in suitable cases.
Yes. Parents and senior citizens unable to maintain themselves can claim maintenance from their children under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and parents can also claim maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 of the Code of Criminal Procedure).
This is general information about legal procedure, not legal advice on any particular matter.