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 grounds can I use for a contested divorce in Kolkata if my spouse refuses?
What grounds can I use for a contested divorce in Tumkur if my spouse refuses?
What grounds can I use for a contested divorce in Davangere if my spouse refuses?
What grounds can I use for a contested divorce in Gulbarga if my spouse refuses?
What grounds can I use for a contested divorce in Belgaum if my spouse refuses?
What grounds can I use for a contested divorce in Hubli if my spouse refuses?
What grounds can I use for a contested divorce in Mangalore if my spouse refuses?
What grounds can I use for a contested divorce in Mysuru if my spouse refuses?
What grounds can I use for a contested divorce in Mysore if my spouse refuses?
What grounds can I use for a contested divorce in Bengaluru if my spouse refuses?
What grounds can I use for a contested divorce in Bangalore if my spouse refuses?
What grounds can I use for a contested divorce in Saket if my spouse refuses?
What grounds can I use for a contested divorce in Rohini if my spouse refuses?
What grounds can I use for a contested divorce in Dwarka if my spouse refuses?
What grounds can I use for a contested divorce in New Delhi if my spouse refuses?
What grounds can I use for a contested divorce in Delhi if my spouse refuses?
What grounds can I use for a contested divorce in Amravati if my spouse refuses?
What grounds can I use for a contested divorce in Kolhapur if my spouse refuses?
What grounds can I use for a contested divorce in Solapur if my spouse refuses?
What grounds can I use for a contested divorce in Aurangabad if my spouse refuses?
What grounds can I use for a contested divorce in Navi Mumbai if my spouse refuses?
What grounds can I use for a contested divorce in Thane if my spouse refuses?
What grounds can I use for a contested divorce in Nashik if my spouse refuses?
What grounds can I use for a contested divorce in Nagpur if my spouse refuses?
What grounds can I use for a contested divorce in Pune if my spouse refuses?
What grounds can I use for a contested divorce in Mumbai if my spouse refuses?
Can I get a divorce by mutual consent in Itanagar and how long does it take?
Can I get a divorce by mutual consent in Gangtok and how long does it take?
Can I get a divorce by mutual consent in Aizawl and how long does it take?
Can I get a divorce by mutual consent in Kohima and how long does it take?
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.