Frequently Asked
Legal Questions

Under most personal laws applicable in India, both spouses must file a joint petition before the Family Court having jurisdiction. In Kerala Family Courts, there is a mandatory waiting period (the cooling-off period) — typically six months under the Hindu Marriage Act — during which the court may also direct mandatory counselling sessions. An application for waiver of the waiting period may be filed before the Supreme Court in appropriate cases where the marriage has clearly broken down irretrievably. After the period, both parties must reappear to confirm their consent, following which the divorce decree is granted. The procedure varies under Muslim Personal Law, Indian Christian Marriage Act, and Special Marriage Act. Our advocates guide clients through every stage with sensitivity.

Yes. You are entitled to apply for Interim Maintenance (Pendente Lite) under Section 24 of the Hindu Marriage Act (or equivalent provisions under other personal laws) to cover your reasonable living expenses while the main matter is pending before the Family Court. The court will consider the income, assets, and standard of living of both parties in fixing the interim amount. Additionally, maintenance for minor children can also be sought through an interim application. We have experience in securing timely interim maintenance orders without prolonged delay.

Regular Bail is applied for by or on behalf of a person who has already been arrested and is in custody. Applications for regular bail in serious offences are made to the Sessions Court or the Kerala High Court. Anticipatory Bail, on the other hand, is sought when a person apprehends imminent arrest in a non-bailable offence — before any arrest is made. Applications for anticipatory bail under Section 438 CrPC / Section 482 BNSS are filed before the Sessions Court or, in appropriate cases, directly before the Kerala High Court. Acting quickly in such situations is critical — approach our team immediately when arrest is anticipated.

While the amended Motor Vehicles Act does not currently prescribe a strict limitation period for filing MACT claims (unlike the earlier three-year limit), it is strongly advisable to file your claim as soon as possible — ideally once the FIR has been registered and, where applicable, after the charge sheet has been filed. Early filing ensures: (1) witness statements and evidence are fresh; (2) medical records and expenses are contemporaneous and easier to prove; and (3) the claim proceeds to hearing without unnecessary delay. Our team can assist from the initial claim filing stage all the way through to execution of the tribunal's compensation award.

A Writ Petition under Article 226 of the Constitution may be filed before the Kerala High Court when a person's fundamental or legal rights have been violated, or when a statutory authority or government body fails to discharge its legal duty. Common situations where writs are appropriate include: Mandamus — when a public authority refuses to act (e.g., undue delay in issuing a passport, certificate, or government permit); Certiorari — to quash an illegal order of an inferior court, tribunal, or authority; and Habeas Corpus — in cases of illegal detention. We carefully assess each situation before advising on whether a writ petition is the most effective remedy available.

Under Section 138 of the Negotiable Instruments Act, when a cheque is dishonoured for insufficient funds or due to a stop-payment instruction, the payee must send a written statutory demand notice within 30 days of dishonour. The drawer then has 15 days from receipt of the notice to make payment. If payment is not made within this period, the payee can file a criminal complaint before the Magistrate Court within 30 days of expiry of the notice period. Penalties on conviction include imprisonment up to two years and/or a fine up to twice the cheque amount. Whether you are the payee seeking recovery or the drawer building a defense (challenging the "legally enforceable debt" element), our team handles Section 138 matters efficiently at the Magistrate Court and in revision/appeal proceedings.

Yes. An NRI can sell property in Kerala without being physically present by executing a Special Power of Attorney authorising a trusted person (or your advocate) to sign the sale deed and register the property on your behalf. The POA must be executed in your country of residence, notarised, apostilled (if the country is a party to the Hague Convention) or attested by the Indian Embassy/Consulate, and then registered in Kerala. We manage this entire process — from advising on POA drafting in your country to handling the registration and title transfer in Kerala.

An NRI who inherits property in Kerala can manage it entirely through a Power of Attorney authorising a representative in Kerala. This covers: obtaining a Succession Certificate or Letter of Administration through the courts, transferring title records in Village Office and Sub-Registrar office, managing or selling the property, and appearing in any related litigation. We represent NRI heirs in inheritance-related court proceedings without requiring your travel to Kerala for individual hearings.

Under the Foreign Exchange Management Act (FEMA) and RBI regulations, NRIs and PIOs (Persons of Indian Origin) are generally not permitted to purchase agricultural land, plantation land, or farmhouses in India without prior approval from the Reserve Bank of India. However, NRIs can acquire such land through inheritance. Residential and commercial property purchases are generally permissible within the applicable FEMA framework. We advise NRI clients on permissible property categories and ensure transactions are structured in compliance with FEMA regulations, in coordination with tax and financial advisors where required.