The Legal RexKarkardooma Court · Delhi
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Practice areas

Each section below explains what the matter involves, when people usually seek help, how representation helps, and the legal points worth knowing before you start.

Disputes that are personal before they are legal

Family & matrimonial

Family matters rarely arrive as a single legal question. A separation raises questions of maintenance, of where the children will live, of who keeps what. The Legal Rex handles these matters with the discretion they need, and treats a fair settlement as a real option, not a fallback.

Divorce and separation

Divorce in India is governed by the personal law that applies to the marriage — for example the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. A divorce may be by mutual consent, where both spouses agree on the terms, or contested, where one spouse seeks a decree on grounds recognised by law. Matters arising in East, North-East and Shahdara districts are generally heard by the Family Courts at the Karkardooma Court Complex.

When people seek help

  • Both spouses have agreed to part and need a settlement that covers maintenance, belongings and the children.
  • One spouse wants a divorce and the other does not agree.
  • Spouses want to live apart without ending the marriage (judicial separation).
  • A spouse has been served with a divorce petition and needs to respond.

How representation helps

  • Identifying which law and which court applies to your marriage.
  • Drafting the petition, the settlement terms and supporting affidavits.
  • Representation through mediation, which Family Courts commonly refer couples to.
  • Ensuring alimony, property and custody terms are recorded clearly so they can be enforced later.
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Maintenance and alimony

Maintenance is financial support that a court may order for a spouse, children or parents who cannot maintain themselves. It can be claimed under the personal law (for example sections 24 and 25 of the Hindu Marriage Act), under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced section 125 of the CrPC from 1 July 2024), or under the Protection of Women from Domestic Violence Act, 2005.

When people seek help

  • A spouse has been left without financial support during or after separation.
  • Interim maintenance is needed while a divorce or other case is pending.
  • Circumstances have changed and an existing order needs to be increased or reduced.
  • A maintenance order is not being paid and needs to be enforced.

How representation helps

  • Choosing the right forum, as several remedies can run at the same time.
  • Preparing the affidavit of assets and liabilities that courts require from both parties.
  • Presenting income, expenses and needs accurately and in a form the court can rely on.
  • Seeking enforcement where an order has not been complied with.
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Child custody and support

When parents separate, courts decide where a child will live, how the other parent will stay in contact, and how the child will be supported. The welfare of the child is the paramount consideration. Custody is governed by the Guardians and Wards Act, 1890 and, for Hindus, the Hindu Minority and Guardianship Act, 1956, alongside the matrimonial law that applies.

When people seek help

  • Separated parents cannot agree on where the child should live.
  • A parent is being denied contact with their child.
  • A visitation schedule or support arrangement needs to be formalised or changed.
  • A child has been taken to another city or country without consent.

How representation helps

  • Putting forward practical arrangements for schooling, residence and contact that a court can adopt.
  • Seeking interim custody or visitation while proceedings are pending.
  • Advising on child support obligations on both sides.
  • Representation in mediation, where parenting plans are often agreed.
Discuss this matter: Child custody and supportWhatsApp (opens in a new tab)

Adoption and guardianship

Adoption in India takes place either under the Hindu Adoptions and Maintenance Act, 1956 (for Hindus, Buddhists, Jains and Sikhs) or under the Juvenile Justice (Care and Protection of Children) Act, 2015 read with the Adoption Regulations framed by CARA. Guardianship of a minor's person or property can be sought from the court under the Guardians and Wards Act, 1890.

When people seek help

  • A family wishes to adopt a child and needs to know which law and procedure applies.
  • A relative is caring for a child whose parents have died or are unable to care for them.
  • A guardian is needed to deal with a minor's property or documents.

How representation helps

  • Explaining which framework applies and what each requires.
  • Preparing the deed, petitions and supporting documents.
  • Representation in guardianship proceedings before the court.
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Dowry harassment

Giving, taking or demanding dowry is an offence under the Dowry Prohibition Act, 1961. Cruelty by a husband or his relatives — including harassment to meet unlawful dowry demands — is an offence under section 85 of the Bharatiya Nyaya Sanhita, 2023, which replaced section 498A of the Indian Penal Code from 1 July 2024. The Protection of Women from Domestic Violence Act, 2005 provides civil remedies such as protection, residence and monetary relief orders.

When people seek help

  • A woman is being pressured or harassed for money, property or valuables after marriage.
  • Stridhan (a woman's own property) is being withheld by the in-laws.
  • A woman needs protection or a right to reside in the shared household.

How representation helps

  • Advising on the available criminal and civil remedies and how they interact.
  • Helping to document incidents and gather evidence carefully.
  • Assisting with complaints and applications for protection and residence orders.
  • Pursuing recovery of stridhan.
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When the official record is missing

Birth & marriage records

Many people discover a missing birth or marriage record only when a passport office, university or embassy asks for it. These matters are rarely disputes. They are procedures with strict evidential requirements, and The Legal Rex helps clients through them, including clients who are outside Delhi or abroad.

Non-Availability of Birth Certificate (NABC)

A Non-Availability of Birth Certificate is issued by the Registrar of Births and Deaths after searching the register for the year and place of birth. It does not register the birth. It confirms that no record was found. In most of Delhi the registrar function sits with the Municipal Corporation of Delhi. The NABC is commonly required before a delayed registration can be sought, and some authorities accept it with supporting affidavits.

When people seek help

  • The birth took place at home and was never registered.
  • Hospital or municipal records have been lost or cannot be traced.
  • A passport, visa or immigration application asks for proof of birth that you do not have.

How representation helps

  • Identifying the correct registrar for the year and place of birth.
  • Preparing the application and the supporting affidavits from parents or other relatives.
  • Following up with the registrar's office and, where needed, moving on to delayed registration.
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Birth certificate for an unregistered birth

Where a birth was never reported, it can still be registered later under section 13 of the Registration of Births and Deaths Act, 1969. Unlike an NABC, delayed registration creates the official record and results in a birth certificate. Registration after one year requires an order from the authority specified in the Act after verifying the facts. The Act was amended in 2023 and again in 2026, so which authority is competent depends on the length of the delay and the law in force when you apply.

When people seek help

  • An adult needs a birth certificate for a passport, employment or official records.
  • A child's birth was not reported within the time allowed.
  • An NABC has been obtained and the next step is to register the birth.

How representation helps

  • Assembling evidence of the date and place of birth, such as school records, affidavits and the NABC.
  • Preparing and presenting the application before the competent authority.
  • Following the order through to entry in the register and issue of the certificate.
Discuss this matter: Birth certificate for an unregistered birthWhatsApp (opens in a new tab)

Non-Availability of Marriage Certificate (NAMC)

Many marriages solemnised through religious or customary ceremonies were never registered. Where a marriage certificate is needed but no registration exists, a confirmation of non-availability, supported by affidavits and evidence of the marriage, is often the starting point for proving marital status or registering the marriage.

When people seek help

  • A spouse visa or family immigration application requires proof of marriage.
  • Proof of marital status is needed in a property, succession or inheritance matter.
  • Spousal benefits, custody or maintenance proceedings require evidence of the marriage.

How representation helps

  • Gathering affidavits of the couple and of witnesses present at the ceremony.
  • Organising supporting evidence such as invitations, photographs and joint records.
  • Dealing with the relevant government office on the client's behalf.
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Marriage certificate for an unregistered marriage

A marriage that has already been solemnised can be registered after the event. Hindu marriages can be registered under section 8 of the Hindu Marriage Act, 1955, and any marriage can be registered under the Special Marriage Act, 1954, subject to its conditions. In Delhi, registration of marriages is compulsory under the Delhi (Compulsory Registration of Marriage) Order, 2014 and is handled through the Revenue Department's Sub-Divisional Magistrate offices.

When people seek help

  • A couple married in a religious or customary ceremony but never registered the marriage.
  • An embassy or employer has asked for a marriage certificate.
  • A spouse needs to establish the marriage for inheritance, benefits or nomination purposes.

How representation helps

  • Advising which Act the marriage should be registered under.
  • Drafting the affidavits and statements the registering authority requires.
  • Assembling proof of the ceremony, of identity and age, and of residence.
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From a signature in Delhi to recognition overseas

Documents for use abroad

A document signed in India is not automatically accepted abroad. It usually has to pass through a chain of verification: a notary, a state authority, the Ministry of External Affairs and, for some countries, an embassy. The Legal Rex guides clients through each link in that chain so the document arrives ready to be used.

Notary attestation and 'valid outside India' attestation

Notarisation is carried out by a notary appointed under the Notaries Act, 1952, who verifies the identity of the person signing and attests the signature or the copy. A notarised document carries a higher level of formality and is often the first step in the attestation chain for documents that will be used outside India.

When people seek help

  • Affidavits, declarations and undertakings for government offices, banks or courts.
  • Agreements and authorisations for property transactions or official documentation.
  • Copies of educational or personal documents that will later be apostilled.

How representation helps

  • Checking the document is in the correct form before it is notarised.
  • Drafting affidavits and declarations where needed.
  • Advising on what the receiving authority, in India or abroad, will expect next.
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Apostille and MEA attestation

India is a party to the Hague Apostille Convention. For use in other member countries, a document is apostilled by the Ministry of External Affairs (MEA), and no further embassy legalisation is needed. For countries that are not parties to the Convention, the MEA attests the document and the destination country's embassy or consulate then legalises it. Before reaching the MEA, documents are normally authenticated at the state level, by the relevant state department depending on whether the document is personal, educational or commercial.

When people seek help

  • Degree certificates and transcripts for admission or employment overseas.
  • Birth, marriage or single-status documents for visas and immigration.
  • Powers of attorney and commercial documents for business abroad.

How representation helps

  • Confirming whether the destination country requires an apostille or embassy attestation.
  • Preparing documents for notarisation and state-level authentication.
  • Coordinating the MEA stage and any embassy legalisation that follows.
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CENOMAR / single-status (bachelorhood) certificate

India does not issue a single government-printed 'Certificate of No Marriage'. A single-status, bachelorhood or CENOMAR document is in practice an affidavit of unmarried status that is legalised in stages: notarised, verified by the Sub-Divisional Magistrate or competent authority, apostilled or attested by the MEA, and, for some countries, legalised by the embassy.

When people seek help

  • An Indian citizen intends to marry in another country.
  • A foreign authority or employer requires proof of unmarried status.
  • A divorced or widowed person needs to establish that they are free to marry.

How representation helps

  • Drafting the single-status affidavit and any supporting parental affidavits.
  • Organising identity, address and birth proofs for the SDM verification.
  • Taking the document through MEA apostille or attestation and embassy legalisation.
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Procedure, explained

Questions about these matters

What is the difference between an NABC and a birth certificate?

An NABC (Non-Availability of Birth Certificate) is a registrar's confirmation that no birth record was found. A birth certificate is issued once the birth is entered in the register. An NABC is often the first step towards delayed registration, which produces the actual birth certificate.

What is the difference between an apostille and embassy attestation?

An apostille is issued by India's Ministry of External Affairs for documents to be used in countries that are parties to the Hague Apostille Convention, and no further legalisation is needed. For countries outside the Convention, the MEA attests the document and the destination country's embassy or consulate then legalises it.

Does India issue a CENOMAR (Certificate of No Marriage)?

Not as a single government-printed certificate. In practice, an affidavit of unmarried status is notarised, verified by the Sub-Divisional Magistrate or competent authority, and then apostilled or attested by the Ministry of External Affairs.

How long does a mutual-consent divorce take?

Under section 13B of the Hindu Marriage Act, the couple must generally have lived separately for at least one year before filing, and there is a further six-month period between the two motions, which the court may waive in suitable cases. Actual timelines depend on the court's schedule and on whether the settlement terms are complete.

Which law now applies to dowry cruelty and maintenance under the criminal code?

Since 1 July 2024, cruelty by a husband or his relatives is dealt with under section 85 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 498A IPC), and maintenance under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 125 CrPC). The Dowry Prohibition Act, 1961 continues to apply.

Law and procedure change. The information on this page reflects the position as of November 2026 and is general in nature. It is not legal advice on any particular case.

Consultation

Not sure which of these applies to you?

Describe the situation in a few lines. You will be told which procedure fits, what documents it needs, and what the next step is.

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The content of this website is for general information only. It is not legal advice and does not create a lawyer–client relationship. Please seek independent advice on your specific situation.

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