Adv. Tamanna Saeed Shaikh is a woman advocate practising in Mumbai, with chambers in Malwani, Malad (West). Much of her family practice is for women: divorce, maintenance, custody of children, return of stridhan, and protection from violence at home. Consultations are in English, Hindi, Marathi and Urdu, and a woman can speak about her situation with another woman, in confidence.
At a glance
- Divorce cases
- Family Court, Mumbai, Bandra Kurla Complex
- Domestic violence and maintenance under BNSS
- Magistrate’s court where the woman lives, often Borivali for Malad and Malvani
- Mutual consent divorce
- Separation of at least one year; the six-month wait can be waived in suitable cases
- Interim maintenance
- Can be claimed while the divorce case is pending
- Languages
- English, Hindi, Marathi, Urdu
The routes open to a woman
Mutual consent divorce
Where both spouses agree, a joint petition is filed in the Family Court after at least a year of living separately, with agreed terms on maintenance or alimony, children, stridhan and property. How mutual consent divorce works.
Divorce when the husband does not agree
A contested divorce on grounds such as cruelty, desertion for two years, or adultery, under the Hindu Marriage Act, the Special Marriage Act or the law that applies to the marriage. If the husband does not appear after notice, the case can proceed without him.
Muslim women
Khula, mubarat (mutual release), talaq-e-tafweez where delegated, and dissolution by the court under the Dissolution of Muslim Marriages Act, 1939. Instant triple talaq is void. Grounds under the 1939 Act and khula.
Protection and money, while the case goes on
- Residence: a woman cannot be thrown out of the shared household except by law (Domestic Violence Act). Right to residence.
- Protection orders against violence and harassment, and police help in an emergency (112).
- Interim maintenance and litigation costs while the case is pending, and maintenance under Section 144 BNSS for a wife who cannot maintain herself, whatever her religion. How much maintenance.
- Stridhan: jewellery and gifts remain hers, and can be recovered. Stridhan recovery.
Children
Custody is decided on the welfare of the child. A child under five is ordinarily kept with the mother. The father must contribute to the child’s maintenance and education. Child custody in Mumbai.
What to bring to a first consultation
Marriage certificate or nikahnama, any notices or court papers received, proof of the husband’s income if available, details of stridhan, and messages or medical records if there has been violence. Full checklist for women.
Common questions
Can I file for divorce in Mumbai if my husband lives elsewhere?
Generally, a petition can be filed where the marriage took place, where the couple last lived together, or where the wife is residing. Ask about your facts.
Will I have to face my husband in court?
Family Court proceedings usually begin with counselling and mediation. Domestic violence cases have their own protections. Many hearings need only the advocate.
How long does a divorce take?
A mutual consent divorce can be completed in a few months if the waiting period is waived. A contested divorce takes longer, depending on evidence and the court’s calendar.
More guides: a wife’s rights in divorce, all guides for women, legal options for women (free tool). Hindi: महिलाओं के लिए तलाक.
Useful now: Thrown out of your marital home? what to do in the first 48 hours; and the free maintenance affidavit helper for the affidavit every maintenance case needs.
Consultations are by appointment at the chambers in Malwani MHADA, Malad (West). To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This page is published for information only, in keeping with Rule 36 of the Bar Council of India Rules. It does not advertise or solicit work and is not legal advice.
This page describes general procedure and is published for information only, in keeping with Rule 36 of the Bar Council of India Rules. It is not legal advice and does not solicit work. What applies to a particular matter depends on its own facts.