Family court and 498A lawyer in Bangalore

When a marriage reaches the police station or the court

Most family cases do not start with a divorce petition. They start with a complaint at the police station, a notice from the family court, or a protection officer calling about a domestic violence application. Often there are three or four cases running at once between the same two families: a cruelty case, a maintenance case, a custody case and a divorce.

We act for both sides. Some people come to us because they need protection and money to live on. Others come because they, their parents or a married sister have been named in a complaint. Either way, the first step is the same. We read every paper you have, find out which cases are actually filed and in which court, and tell you what each one means.

If the case is only about divorce, see our divorce lawyer in Bangalore page. This page covers the cases that usually run alongside it.

Family cases are heard in chambers or a closed courtroom, not in open court.

498A cases: Sections 85 and 86 BNS

Cruelty by a husband or his relatives was Section 498A of the IPC. Since 1 July 2024 it is Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS). Section 85 is the offence and Section 86 defines cruelty. Cases registered before that date still run under 498A. Our article on Section 498A and Section 85 BNS explains the law in detail.

If you want to file a complaint, we help you write it with dates, incidents and documents in order, so the police can act on it. A vague complaint is easy to dismiss later. If the police do not register it, there are other routes, through senior officers or the magistrate.

If you have been named in a complaint, the steps depend on what has happened so far:

• Anticipatory bail under Section 482 BNSS (old 438 CrPC), for the husband and each relative who fears arrest
• Responding to a notice to appear under Section 35 BNSS, which in many cases means arrest is not needed if you cooperate
• Regular bail if someone has already been arrested
• A petition in the High Court of Karnataka to quash the case where relatives with no real role have been added, or the facts do not make out an offence
• Defending the trial before the magistrate, if it goes that far

Many 498A cases end in a settlement once the divorce, maintenance and custody questions are sorted out. We keep the criminal case and the family court cases in step so one does not undercut the other.

Domestic violence cases

A case under the Protection of Women from Domestic Violence Act, 2005 is a separate, mostly civil remedy. A woman can ask the magistrate for:

• a protection order against violence or harassment
• a residence order, so she is not thrown out of the shared household
• monetary relief for expenses and losses
• temporary custody of children

We draft the application or the reply, depending on which side you are on. Read how a domestic violence case works for the steps.

Maintenance for wife, children and parents

A wife, children and dependent parents can claim maintenance under Section 144 BNSS (old Section 125 CrPC). Interim and permanent maintenance can also be claimed under the personal laws, such as the Hindu Marriage Act, within a divorce case. Courts now ask both sides to file a sworn statement of their income, assets and liabilities, so salary slips, bank statements and tax returns matter. See maintenance for wife and children for how the amount is usually worked out.

Child custody and visitation

Custody is decided on the welfare of the child, not on which parent is at fault in the marriage. We file and defend petitions for custody, visitation, and interim arrangements while the main case runs, under the Guardians and Wards Act and the Hindu Minority and Guardianship Act. Our article on child custody in Bengaluru explains what the court looks at.

Family courts in Bengaluru

Bengaluru has several family courts, and matters usually go to the one with jurisdiction over where the couple last lived together or where the wife now lives. Most cases are sent to mediation or counselling first. Our guide to the family court in Bengaluru covers filing and hearings, and you can check a family court case status online.

Questions people ask

Can my parents be arrested in a 498A case?

Relatives named in a complaint can apply for anticipatory bail. Arrest is not automatic in these cases, and courts have repeatedly warned police against arresting family members without reason. What applies to your parents depends on what the complaint says about them.

Is 498A bailable under the BNS?

No. The offence under Section 85 BNS is non-bailable and cognizable, as 498A was. Non-bailable means bail is at the court’s discretion, not that bail cannot be given.

Can a domestic violence case and a divorce case run together?

Yes. They are separate proceedings with different purposes, and many couples have both pending. Orders in one are often brought to the notice of the court in the other.

Can a 498A case be withdrawn after a settlement?

The offence is non-compoundable, so it cannot simply be withdrawn. After a genuine settlement, the usual route is a petition before the High Court of Karnataka to quash the case.