Civil, criminal and family litigation

The work

The common thread in this work is that a person, rather than an institution, is exposed. The approach is the same as everywhere else in the practice: establish what the record actually shows, take the points that are genuinely available, and be honest about the ones that are not.

When clients come with this

A suit has been filed against you and a written statement is due.
Money is owed to you and recovery has to be pressed.
A complaint or FIR has been registered and the proceedings ought not to continue.
A cheque has been dishonoured and notice has to be issued, or answered.
A marriage has broken down and maintenance, custody or property must be settled.
An inheritance is disputed among family members.

What this covers

Civil suits, recovery and contractual disputes
Criminal defence, quashing petitions, bail and revisions
Cheque dishonour proceedings under Section 138
Matrimonial matters, maintenance and custody
Succession, wills and inheritance disputes

Civil suits: limitation, and the acknowledgement that saves them

Most money claims carry a three-year limitation from the date the amount fell due, and clients frequently arrive believing that period has expired. Before accepting that, the correspondence is examined. A written acknowledgement of liability made before expiry, or a part payment, starts a fresh period running from that date. An email confirming the balance, a ledger confirmation signed at year end, a cheque that was later dishonoured — any of these may revive a claim thought dead.

The converse also holds. Where a claim is being made against you and appears time-barred, that objection is taken at the threshold rather than saved for argument, because it disposes of the suit without a trial.

Criminal defence in commercial disputes

An increasing share of criminal complaints are commercial disputes in criminal clothing, filed to create pressure. Cheating and criminal breach of trust are alleged where the true grievance is a failed contract. The response is not to try the case in the magistrate's court but to take the matter to the High Court, where proceedings that disclose no offence, or that are manifestly an abuse of process, can be quashed.

Cheque dishonour proceedings are their own discipline, with a statutory presumption that operates against the drawer and a defence that has to be built on the underlying transaction: whether a legally enforceable debt existed at all, whether the cheque was security rather than payment, and whether the statutory notice complied with the section.

Family matters, and the case for settling them

Matrimonial litigation is the area where a contested victory most often costs more than it is worth. Courts refer these matters to mediation as a matter of course, and a settlement that covers maintenance, custody, property and the withdrawal of parallel proceedings in one document is worth a great deal more than a decree obtained after five years of hearings.

Where settlement is not possible, interim relief comes first: maintenance pendente lite, interim custody and arrangements for the matrimonial home, so that the person with less financial power is not forced into a settlement by attrition.

What clients want to know

The questions that come up most often in this area, answered plainly.

Can a criminal case be quashed?

The High Court can quash proceedings where the complaint discloses no offence, where a dispute is essentially civil and has been given a criminal colour, or where the parties have settled a compoundable matter. It is a discretionary jurisdiction, and the petition has to be built on the record rather than on assertion.

What is the limitation for a money recovery suit?

Three years from the date the amount became due, in most cases. An acknowledgement in writing, or a part payment, starts the period afresh, which is why old correspondence is worth examining before assuming a claim is barred.

Is maintenance available while the case is pending?

Yes. Interim maintenance can be sought at the outset rather than waiting for the final decision, and in practice it is among the first applications made.

Should a family matter be settled or fought?

Most should be settled, and courts now refer them to mediation as a matter of course. A negotiated settlement that holds is worth more than a decree that takes five years and leaves a family unable to speak to one another.

Where these matters are heard

The forum decides the procedure and the limitation. Filing in the wrong one costs months.