Matrimonial LawyersFor Divorce, Custody & MaintenanceDelhi And Gurugram

Under Section 13B of the Hindu Marriage Act, spouses must have lived separately for at least one year and agree to divorce. After the first motion, the law provides a six month waiting period before the second motion, though the court can waive it in suitable cases. Under Indian divorce law, a mutual consent divorce can be completed in about 30 days where the waiver is granted. In practice, many mutual consent divorces conclude in about six to twelve months, depending on the court and how complete the paperwork is.

Section 14 of the Hindu Marriage Act generally bars a divorce petition within one year of marriage. The court may allow it earlier only in cases of exceptional hardship or exceptional depravity, so you should get legal advice on your specific facts first.

Section 13 of the Hindu Marriage Act lists grounds such as cruelty, desertion for at least two years, adultery, conversion to another religion, unsoundness of mind, and certain communicable diseases. The petitioner must prove the ground with evidence, which is why careful preparation matters.

Yes. If your spouse refuses mutual consent, you can file a contested petition and prove one of the legal grounds. The court decides on evidence, although settlement and mediation remain possible at every stage.

Indian courts decide custody on the welfare of the child, not on the rights of either parent. Young children, especially below five years, are ordinarily kept with the mother, but fathers can seek custody or visitation, and the court considers the child's age, stability, education and wishes where appropriate.

There is no fixed formula. Courts consider both spouses' income and assets, the standard of living during marriage, the needs of children, age, health and other obligations. Maintenance can be claimed during the case (interim) and at its end (permanent) under Sections 24 and 25 of the Hindu Marriage Act, and also under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 125 CrPC).

Under Indian personal law there is no automatic share in a spouse's self-acquired property on divorce. The court instead decides maintenance or alimony, and the wife is entitled to the return of her stridhan. Property can also be addressed through a negotiated settlement.

In many cases, yes. Courts increasingly allow appearance through video conferencing, and a duly executed power of attorney can let your advocate act on your behalf for most procedural steps. Some stages, such as recording of evidence or the final mutual consent motion, may need your presence or a remote hearing, which we arrange case by case.

Offences earlier under Section 498A IPC now fall under Sections 85 and 86 of the Bharatiya Nyaya Sanhita. The Supreme Court has repeatedly cautioned against automatic arrests in such cases. You should contact an advocate immediately to consider anticipatory bail, cooperation with the investigation, and, where appropriate, a petition to quash or contest the case.

Hindus, Sikhs, Jains and Buddhists are governed by the Hindu Marriage Act. Christians are governed by the Indian Divorce Act, 1869, Parsis by the Parsi Marriage and Divorce Act, 1936, and Muslims by the Dissolution of Muslim Marriages Act, 1939 and related laws. Inter-faith and civil marriages fall under the Special Marriage Act, 1954.

The law allows parties to appear in person, but matrimonial cases involve strict procedure, drafting, evidence and negotiation of money and custody. An experienced advocate helps you avoid costly mistakes and protects your interests at every stage.

Bring your marriage certificate and photographs, identity and address proofs of both spouses, details of children, income and property documents, any previous notices, FIRs or court orders, and relevant messages or emails. Do not worry if something is missing; we will tell you what is needed for your case.