Family Law: Legal Strategy for Divorce, Custody & Maintenance
Family disputes require a clear head, not just emotions. I help you navigate divorce, custody, and maintenance matters in Delhi using logic, not just legal jargon.
The Alarming Misuse of POCSO in Marital Disputes. Laws designed to protect women and children, like Section 498A and the POCSO Act, are sometimes misused in marital disputes to settle scores. I discuss this disturbing trend, which has been acknowledged by the Supreme Court, and the devastating impact it has on individuals and the justice system itself.
False Promise to Marry: When Does It Amount to Rape? Not every broken promise of marriage is considered rape under the law. The Supreme Court has clarified that the charge of rape is only applicable if the promise was false from the very beginning, made with the sole intention of obtaining consent for sexual activity. I explain the legal test used to differentiate between a broken promise and a malicious one.
How WhatsApp Chats Can Be Your Defence in False Rape Allegations. In cases of false allegations of rape or molestation, your digital conversations can be crucial evidence. Indian courts have recognized that ongoing, affectionate WhatsApp chats can help establish a pre-existing consensual relationship, which can be a strong ground for securing bail and defending against false claims.
Received a Notice from the CAW Cell? Here's What It Means. A notice from the Crime Against Women (CAW) Cell is not a reason to panic. It is a pre-litigation conciliatory body designed to mediate matrimonial disputes and provide guidance. I explain that attending the CAW cell proceeding is an opportunity to resolve the conflict amicably before it escalates to a formal police case.
The Husband's Duty to Pay Maintenance: "Beg, Borrow, or Steel". A High Court made a powerful statement when it ordered a husband to pay maintenance to his wife, declaring he must "beg, borrow, or steal" if necessary. I discuss this landmark judgment, which underscores that a husband's responsibility to provide for his wife is absolute and cannot be excused by claims of unemployment or financial hardship.
About Family Law: Divorce, Custody & Maintenance
The court process is often daunting, but it becomes much simpler when you stop viewing it as a fight and start seeing it as a strategy. Whether you are dealing with a maintenance claim, navigating a CAW cell notice, or fighting for child custody, I first assess your evidence to see where you actually stand. My job is to help you decide whether to push for a contested hearing or negotiate a settlement that gives you peace of mind.
Understanding Your Legal Position
Family law in India involves a lot of emotional noise—498A cases, maintenance demands, and custody battles. After 20 years in the Delhi High Court, I have learned that the best approach is to strip away the drama. I help clients understand the reality of their situation:
- Maintenance Claims: The law is clear. High Courts have established that a husband's responsibility to provide is absolute. I help you calculate realistic outcomes so you aren't blindsided.
- CAW Cell Notices: If you receive a notice from the Crime Against Women (CAW) Cell, do not panic. It is a conciliatory body, not a court of law. I guide you on how to present your side effectively to resolve conflicts before they escalate into formal police cases.
- Digital Evidence: In cases of alleged harassment or false rape accusations, digital footprints matter. I have seen how WhatsApp chats demonstrating a consensual relationship can be the difference between bail and custody.
My Approach to Family Disputes
I treat every case as a story that needs to be understood before it is argued.
1. Listen First: I do not interrupt. You tell me the full history of the relationship and the conflict. 2. Strategy Over Emotion: We identify exactly what you want—peace, a clean exit, or custody rights. We then build a legal strategy to reach that goal. 3. No Jargon: I explain Section 498A, POCSO, and other relevant laws in simple terms. You will know exactly why we are filing a certain document and what the expected judge response will be.
Legal issues are just a part of life, not the whole of it. My goal is to handle the heavy legal lifting so you can get back to living your life with dignity.
Sharad Bansal
I am Sharad Bansal, and I have spent two decades in the corridors of the Delhi High Court realizing that law is simply common sense. I do not believe in complicated jargon or dragging out cases. When you come to me with a family issue, I listen first, helping you cut through the drama to find a logical, practical path forward.
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