Family matters are governed by the personal law of the parties and by secular statutes that apply to everyone. Separate rules apply to divorce under the Hindu Marriage Act, the Special Marriage Act, the Divorce Act and Muslim personal law.
Many of these matters can be resolved through mediation or by mutual consent. Family Courts are required to attempt settlement in suitable cases.
What this covers
- Mutual consent and contested divorce
- Restitution of conjugal rights
- Maintenance and interim maintenance
- Child custody and guardianship
- Domestic violence proceedings
- Marriage registration issues
- Related criminal proceedings
- Settlement and mediation
Principal laws
| Law | Relevance |
|---|---|
| Hindu Marriage Act, 1955 | Divorce (Section 13), mutual consent (Section 13B) and interim maintenance (Section 24). |
| Special Marriage Act, 1954 | Civil marriage and divorce, regardless of religion. |
| Protection of Women from Domestic Violence Act, 2005 | Protection, residence and monetary relief. |
| BNSS Section 144 | Maintenance for spouse, children and parents. |
| Guardians and Wards Act, 1890 | Custody and guardianship of minors. |
| Family Courts Act, 1984 | Establishes Family Courts and their procedure. |
Where it is heard
Family Courts where established, otherwise the designated district court, along with Magistrate Courts for domestic violence and maintenance matters.
Usual steps
- Understand the facts and what relief is needed
- Identify the applicable personal law and court
- Explore settlement where appropriate
- File the petition or response, with any interim application
- Evidence, arguments and order
- Enforcement or appeal
Documents that are often relevant
- Marriage certificate and photographs
- Birth certificates of children
- Income and expense records
- Earlier complaints, notices or orders
Please keep these safe, but do not send confidential documents until we have confirmed that we will act for you.
Time limits and key points
| Item | Position |
|---|---|
| Mutual consent divorce | Second motion is ordinarily after 6 months, which may be waived in suitable cases |
| Mutual consent divorce: minimum separation | 1 year living separately |
| Appeal under the Family Courts Act | 30 days from the judgment or order |
Common questions
Can the six-month waiting period be waived?
Possibly. The Supreme Court has held in Amardeep Singh v. Harveen Kaur (2017) that a court may waive it in suitable cases, considering factors such as the length of separation and whether settlement efforts have failed.
Which court handles a divorce petition?
Generally the court where the marriage took place, where the respondent lives, where the parties last lived together, or in certain cases where the wife lives.
This is general information, not legal advice. The law may have changed, and the answer may differ on your facts.