Expertise: CMatrimonial Disputes Resolution & Criminal Defence
Education
L.L.B. Campus Law Centre, Faculty of Law, University of Delhi, Delhi
Memberships
Supreme Court Bar Association (SCBA)
Supreme Court Advocate on Record Association (SCAORA)
Delhi High Court Bar Association (DHCBA)
Saket Court Bar Association (SCBA)
New Delhi Bar Association (NDBA)
Dwarka Court Bar Association (DCBA)
Expertise: Criminal Litigation & Alternate Dispute Resolution
Education
B.A. DDU Gorakhpur University
L.L.B. Campus Law Centre, Delhi University
Memberships
Bar Council of India
Bar Council of Delhi
Delhi High Court Bar Association
Saket Court Bar Association
New Delhi Bar Association
Dwarka Court Bar Association.
Supreme Court Bar Association.
About Nishant Kumar Srivastava
About Nishant Kumar Srivastava

Nishant is an Advocate-on-Record (AoR) in the Supreme Court of India and as a seasoned legal professional, specializing in matrimonial cases in India -across the entire hierarchy- right from the Magistrate’s Court, Sessions’ Courts, High Courts and the Supreme Court of India- he brings a wealth of experience and expertise to the table.

With a comprehensive understanding of the intricacies of family laws & trials, as well as criminal trials, he has successfully represented numerous clients, both wives and husbands, across a spectrum of matrimonial disputes.

Since he has represented both the sides- wives as well as the husbands- he holds a unique ability to predict and strategies the defence or action to be taken on behalf of my clients during intense court battles. This added with his rare and unique exposure and long experience in handling criminal trials in Criminal Courts- Magistrate’s or Sessions’ and appeals in various High Courts and the Supreme Court of India- gives him a rare perspective i.e., to look at a case and help create a strategy for his clients from day one, keeping in mind- what if the matter goes till the Supreme Court of India and many a time this is what is required to sustain your case and win the case, even if the opposite side keeps on preferring appeal after appeal, once he/she loses the case at the Family Court/ Trial Court level.

He knows that the plinth, the basic premises and the contours of any matrimonial dispute or any criminal case, especially under section 498A IPC, is laid at the time of instituting the same/ at the time of raising your defence for the first time in a court, and that once you leave gaps and  file a defective case/ petition or a defective written statement, no amount of financial expenditure, in terms of  engaging so called ‘big lawyers’ or preferring appeals, is ever going to coverup for that mistake and such mistakes at the beginning may cost huge financial impact and pendency for years or may be decade(s) altogether.

His practice encompasses a wide range of cases, from Divorce, Restitution of Conjugal Rights, and Judicial Separations etc. under the Hindu Marriage Act, 1955, to Custody of children etc. under The Hindu Minority & Guardianship Act, 1956. He also handle Succession matters under The Hindu Succession Act, 1956, ensuring fair and equitable distribution of assets and inheritance.

Helping his clients in drafting CAW Cell complaints and getting FIRs registered by a victim of dowry harassment, have been his areas of expertise.

He keeps on handling cases on behalf of the husbands and in-laws, as a defence counsel, against whom a case/FIR has been got registered by a daughter-in-law under sections 498A (Husband or relative of husband of a woman subjecting her to cruelty), 406 (Punishment for criminal breach of trust) & 120B/34 etc. of the Indian Penal Code (IPC).

Recognizing the importance of financial stability ​of both the parties, post-separation, he advocate for ​or against clients seeking ​/or opposing Maintenance claims under section 125 of The Code of Criminal Procedure, 1973, The Hindu Adoptions & Maintenance Act, 1956, and The Protection of Women From Domestic Violence Act, 2005 (DV Act). He is adept at navigating complex legal frameworks to secure favourable outcomes for his clients, ensuring their rights and interests are protected.
Additionally, he specializes in matters pertaining to Residence & other Rights under The Protection of Women From Domestic Violence Act, 2005, and also handle cases under The Special Marriage Act, 1954, and The Foreign Marriage Act, 1969, with precision and care.

The recent development in the society in terms of Live-In Relationships and the rights of the parties, especially of the lady if she is victimised in such a relationship , is another area where he has represented many of his lady and well as the male clients.

He has represented the prosecutrix (the lady victim) in various courts proceedings in connected with sexual offences/ assault cases, during the time of hearing of the Bail Application of the accused/ perpetrator and also during the time when the prosecutrix is called as a witness for the cross-examination.

He has got numerous bail orders and acquittals for many of his male clients who were charged with the offence of rape (376 IPC) on the pretext of marriage or offences described under sections 354, 354A, 354B, 354C, 354D & 509 IPC etc.

He regularly handles Transfer Petitions in the Supreme Court of India and the various High Courts, where one of the parties wants to get the already going on matrimonial case transferred to his/her current place of residence.

He has done some ground breaking work in the field of Prenuptial Agreements and as such one Article with the title “Prenuptial Agreements In India: An Idea Whose Time Has Come was published by Woman’s Era Magazine in the January, 2021 edition.

He has helped a number of his clients- both wives and husbands- to come to amicable settlement by providing counselling sessions and also drafting such Settlement Agreements, incorporating the specific and covering all the eventualities and binding the parties in dispute even after they get separated by a decree of divorce, which ultimately becomes the part of the Judgement accompanying the Decree of Divorce by a competent Family Court.

He has advised and made strategies for many NRIs facing and or planning instituting matrimonial cases and proceedings or fighting custody battles not only in India but also in foreign jurisdictions like Canada, UK, New Zealand & Australia.

His expertise and track record has earned him recognition in the legal community, with invitations to speak at various law Colleges, National Seminars and Fora as a panellist and guest speaker. Moreover, my insights have been sought after by national media, both in print and electronic formats, reflecting my standing as a respected authority in matrimonial and women centric laws.

He is regularly called by Organisations- educational as well as establishments to conduct POSH Sessions {Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal Act, 2013} thereby creating awareness regarding the consequences of sexual harassment at workplace. He has been part of many Internal Complaint Committees (ICCs) and he has also advised his clients/ aggrieved woman as well as the respondent/ male employee, during ICC proceedings.

He has the strongest work ethics expected and absolutely required from someone handling extricate and confidential matrimonial cases- which many times have sexual and psychological issues involved- and he and his Law Firm ensures that the privacy of his clients, both lady and the male, is guarded and the discussions are held in absolute confidentiality and assuring environment for the parties to open up. His big Office ensures the privacy is not compromised.  In every case, he is committed to providing personalized attention and strategic counsel tailored to the unique circumstances of each client.

With a blend of legal acumen, empathy, and dedication, he strives to achieve the best possible outcomes for those navigating the complexities of matrimonial disputes in India.

He is always available on call and/ or for personal meetings with his clients at my office based in South Delhi, and in special circumstances, realising the trauma a party is undergoing in a stressed marriage, at a neutral place or through online meeting applications, to discuss the issues being faced by a client.