Practice · Family Court, Ernakulam
Family & succession advocate in Ernakulam
I handle mutual-consent and contested divorce, maintenance and domestic-violence proceedings, custody and guardianship, and matrimonial appeals, along with wills, probate, succession certificates and will disputes. I appear before the Family Court, the District Court and the Magistrate courts at Ernakulam, and before the High Court of Kerala, including in habeas corpus petitions.
Coverage
What does this area cover?
- Marriage, divorce, maintenance and domestic violence — Mutual-consent divorce under s.13B of the Hindu Marriage Act or s.10A of the Divorce Act, contested divorce on cruelty or desertion, Special Marriage Act and Muslim-law routes, maintenance under BNSS s.144, Domestic Violence Act protection and residence orders with s.29 appeals, and restitution of conjugal rights.
- Custody, guardianship and habeas corpus — Custody and guardianship petitions decided on the welfare of the child under the Guardians and Wards Act and the Hindu Minority and Guardianship Act, relocation and visitation orders, court permission to deal with a minor's property, and habeas corpus writs before the High Court of Kerala.
- Family court appeals, transfers and procedure — Matrimonial appeals to the High Court under s.19 of the Family Courts Act, revision against maintenance orders, OP(C) under Article 227, transfer petitions, service of summons on a spouse living abroad, and counselling and mediation at the Family Court, Ernakulam.
- Wills, probate, succession and heirship — Wills (registration is optional), probate and letters of administration, succession certificates under s.372 of the Indian Succession Act for debts and securities, legal heirship certificates from the Tahsildar, challenges to wills made in suspicious circumstances, and Muslim inheritance under the Shariat Act, 1937.
How do divorce and inheritance work for Muslim families in Kerala?
For Muslims, the Muslim Personal Law (Shariat) Application Act, 1937 makes Shariat the rule of decision on marriage, divorce, maintenance, dower, guardianship and intestate succession. Kerala’s amendment to Section 2 (Kerala Act 42 of 1963) removed the agricultural-land exception, so Shariat shares apply to all property in the State.
A wife may seek dissolution before the Family Court on the grounds in Section 2 of the Dissolution of Muslim Marriages Act, 1939. Under Section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, a pronouncement of talaq-e-biddat, whether spoken, written or electronic, is void and illegal.
Where an heir is a minor, the mother has custody of the child but is not, under Muslim law, the guardian of the child’s property. Selling or releasing a minor’s share needs a court-appointed guardian and the Court’s previous permission under Section 29 of the Guardians and Wards Act, 1890. Without that permission the minor can later challenge the transfer.
Forums
Which court or authority hears it?
| Matter | Law | Forum | Time limit |
|---|---|---|---|
| Mutual-consent divorce | Hindu Marriage Act s.13B; Divorce Act s.10A | Family Court, Ernakulam | HMA: 1 year apart before filing; second motion 6–18 months after the petition. Divorce Act s.10A: separation period as read down by the Kerala High Court |
| Contested divorce | Hindu Marriage Act s.13(1)(ia), (ib) | Family Court, Ernakulam | Desertion: 2 continuous years before filing; cruelty: no fixed limit |
| Maintenance for wife, children or parents | BNSS s.144 (ex-CrPC s.125) | Family Court, Ernakulam | No fixed limit |
| Domestic Violence Act order | PWDV Act, 2005, ss.12, 29 | Magistrate → Court of Session (appeal) | Appeal within 30 days |
| Custody and guardianship | Guardians and Wards Act, 1890; HMGA s.13 | Family Court, Ernakulam | No fixed limit |
| Matrimonial appeal | Family Courts Act, 1984, s.19 | High Court of Kerala | 30 days from the judgment or order |
| Succession certificate or probate | Indian Succession Act, 1925, ss.276, 372 | District Court, Ernakulam | No fixed limit |
| Maintenance of a senior citizen | Maintenance and Welfare of Parents and Senior Citizens Act, 2007 | Maintenance Tribunal | No filing limit; an interim-allowance application is to be decided within 90 days of notice (s.5(4)) |
How it proceeds
How does a matter proceed?
- Petition and counselling. The petition is filed at the Family Court, Ernakulam, which is bound by s.9 of the Family Courts Act to attempt a settlement; parties are usually sent to counselling or the mediation centre before evidence.
- Interim orders at the start. Interim maintenance, interim custody or visitation, and DV protection or residence orders are sought with the main petition, supported by income and asset disclosure affidavits.
- Evidence. Evidence is led largely on affidavit; chats and e-mails need a BSA s.63 certificate, and a party abroad can seek leave to appear by video conference.
- Decree or recorded settlement. A settlement is recorded in a decree covering custody, maintenance, gold and property, so that each term can be executed if it is broken.
- Appeal, revision or execution. A Family Court judgment goes to the High Court in matrimonial appeal within 30 days; maintenance orders are challenged by revision; unpaid maintenance is recovered through execution in the Family Court.
What should you keep ready?
- Marriage certificate or other proof of marriage, with wedding photographs
- ID and address proof of both spouses; passport and overseas address for an NRI spouse
- Salary slips, bank statements, tax returns and a list of assets and liabilities
- Children's birth certificates, school records and a proposed parenting plan
- Complaints, medical records, messages and e-mails supporting cruelty or DV allegations
- For succession: death certificate, original will, family tree, title deeds and account statements
- Earlier court orders and any settlement terms already agreed
The answers below are general information on the Kerala position. Habeas corpus for a detained child, spouse or parent is explained in habeas corpus in the High Court of Kerala. Each family and succession matter, with its forum, papers and time limit, is listed in the family and succession matters index.
FAQ
Common questions
How long does mutual consent divorce take in Kerala?
Can a working wife claim maintenance?
What is the time limit to appeal a Family Court judgment?
Is probate compulsory for a will in Kerala?
What is the difference between a legal heirship certificate and a succession certificate?
Who gets custody of a child after divorce?
Matters
Every matter, by group
Each matter type with its law, forum, procedure, documents and limitation clock. All 32 on one page →
Related
Related practice areas
About the advocate: Adv. K J Muhammed Aslam, enrolled with the Bar Council of Kerala; office at High Court Junction, Ernakulam.