Family Law Questions
Browse family law questions asked by people across India.
Questions in Family Law are answered with reference to the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, the Protection of Women from Domestic Violence Act, 2005 and Section 125 of the CrPC (now Section 144 of the BNSS, 2023) for maintenance. Each answer states the section that applies, the forum that hears the matter and the limitation period, so the position can be checked against the official text at India Code before you act on it.
The forum depends on the facts rather than the label: a dispute described as a family matter may be heard by a family court, a magistrate or a civil judge depending on whether the relief sought is maintenance, custody, injunction or declaration. Where the law has been renumbered by the 2023 criminal law reforms, answers note both the old and the new section numbers.
What remedies are available for child custody under Indian law?
How to file for annulment with online filing in India?
Who can file a divorce petition without a lawyer in India?
Who can file a divorce petition in a criminal case?
Who can file a divorce petition in a criminal case?
Who can file a divorce petition in a criminal case?
Who can file a divorce petition for senior citizens?
What should I do if marriage registration is done without going to court?
What should I do if I want to register my marriage without a lawyer?
What should I do if there is a dowry case without going to court?
What should I do if there is a dowry case with online filing?
What should I do if I want an annulment without going to court?
What should I do if I want an annulment without going to court?
What remedies are available for women in a dowry case?
What remedies are available for a dowry case as per the Supreme Court?
What is the punishment for guardianship as per the Supreme Court?
What is the punishment for a criminal complaint under Section 125?
What is the procedure for a dowry case after the implementation of the Dowry Prohibition Act?
What is the procedure for a divorce petition without a lawyer?
What is the procedure for filing a divorce petition in a criminal case in India?
What is the procedure for filing a divorce petition in India?
What is the procedure for a divorce petition after the BNS and BNSS?
What is the limitation period for recovery under Section 125 of the Criminal Procedure Code?
What is the limitation period for maintenance in the High Court?
What is the limitation period for filing a divorce petition in the High Court?
What is the limitation period for filing a divorce petition in India?
Frequently Asked Questions about Family Law
What is family law in India?
Family law in India governs marriage, divorce, child custody, adoption, maintenance, and inheritance. It includes personal laws based on religion (Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act) and secular laws like the Special Marriage Act, 1954.
How much does a family lawyer cost in India?
Family lawyer fees in India range from ₹500 to ₹5,000 per consultation, and ₹10,000 to ₹1,00,000 for a full case, depending on complexity, city, and the lawyer experience. Mutual consent divorce is typically cheaper than contested divorce.
How long does a divorce take in India?
Mutual consent divorce takes 6 to 7 months (including the 6-month cooling-off period under Section 13B of the Hindu Marriage Act). Contested divorce can take 2 to 5 years depending on the complexity and court backlog.
Can I get maintenance without divorce in India?
Yes. Under Section 125 of the Code of Criminal Procedure, a wife can claim maintenance from her husband without filing for divorce, if she is unable to maintain herself. The amount is decided by the magistrate based on the husband income.
What are the grounds for divorce in India?
Grounds for divorce include cruelty, adultery, desertion for 2+ years, conversion to another religion, mental disorder, communicable disease, and mutual consent. Different personal laws may have additional grounds.