Feminist movement in India has challenged patriarchal hierarchy and recognised differences within family. The Indian state responded by creating laws which recognise conflict and competition within the family. Yet, these laws continue to treat the family as sacrosanct. Family courts are designed to create a space where legality is not prioritised because family is not a relationship of antagonism. These courts rely on constructed ideals of masculinity and femininity, which are actively challenged by women. In accessing the legal space of the country, women hold the Indian state accountable. Women’s testimonies and emotions express agency and challenge both state, patriarchy and the confluence of the two. This research proposal aims to study female agency in the family courtroom through ethnography in Haryana and Punjab, by focussing on variables of emotions, orality and procedure to lay bare the presence of female agency.