Plain answers to the questions people most often ask about divorce, maintenance, custody and related family disputes in India.
It depends on the kind of divorce. A mutual consent divorce under the Hindu Marriage Act needs a joint petition and normally a six-month gap before the second motion, which courts can shorten in suitable cases. A contested divorce can take years because of evidence, hearings and appeals.
Read the full guide: Divorce in India: mutual consent and contested divorce →
Generally not. Section 14 of the Hindu Marriage Act bars a divorce petition in the first year of marriage unless the court allows it in a case of exceptional hardship or depravity. The Special Marriage Act has a similar rule.
Read the full guide: Divorce for Christians and under the Special Marriage Act →
Section 13 of the Hindu Marriage Act lists grounds such as cruelty, desertion for two years, adultery, conversion, unsound mind, a communicable disease, renunciation of the world and a spouse not being heard of for seven years. A wife has some additional grounds. Other communities are governed by their own laws.
Read the full guide: Divorce in India: grounds and remedies →
There is no fixed formula. Courts look at each spouse's income and property, their needs, the standard of living during the marriage, the length of the marriage and who is caring for the children. Maintenance can be ordered temporarily while the case is pending and permanently at the end.
Read the full guide: Maintenance and alimony: who can claim and how it is decided →
The court's governing test is the welfare of the child, not what either parent wants. Young children are often kept with the mother, but the court considers the child's age, stability, schooling, each parent's circumstances and, for an older child, the child's own preference.
Read the full guide: Child custody after divorce or separation →
Streedhan is property a woman receives before, at or after her marriage, and it is her absolute property. If the husband or in-laws keep it, she can sue for its value, claim it in the matrimonial case or under the Domestic Violence Act, or complain of criminal breach of trust.
Read the full guide: Streedhan: what it is and how to recover it →
These answers are general information and not legal advice. The right answer for you depends on your documents and facts. See our practice area page for how we can help.
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