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.
Can I adopt a child in Belgaum under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Hubli under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Mangalore under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Mysuru under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Mysore under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Bengaluru under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Bangalore under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Saket under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Rohini under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Dwarka under the state juvenile justice rules and what is the procedure?
Can I adopt a child in New Delhi under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Delhi under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Amravati under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Kolhapur under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Solapur under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Aurangabad under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Navi Mumbai under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Thane under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Nashik under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Nagpur under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Pune under the state juvenile justice rules and what is the procedure?
Can I adopt a child in Mumbai under the state juvenile justice rules and what is the procedure?
How do I file a maintenance case for my wife and child in the Itanagar family court?
How do I file a maintenance case for my wife and child in the Gangtok family court?
How do I file a maintenance case for my wife and child in the Aizawl family court?
How do I file a maintenance case for my wife and child in the Kohima family court?
How do I file a maintenance case for my wife and child in the Shillong family court?
How do I file a maintenance case for my wife and child in the Imphal family court?
How do I file a maintenance case for my wife and child in the Agartala family court?
How do I file a maintenance case for my wife and child in the Srinagar family court?
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.