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.
My uncle's will is being contested in Tumkur and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Davangere and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Gulbarga and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Belgaum and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Hubli and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Mangalore and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Mysuru and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Mysore and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Bengaluru and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Bangalore and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Saket and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Rohini and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Dwarka and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in New Delhi and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Delhi and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Amravati and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Kolhapur and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Solapur and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Aurangabad and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Navi Mumbai and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Thane and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Nashik and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Nagpur and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Pune and I am the named executor, how do I proceed with probate?
My uncle's will is being contested in Mumbai and I am the named executor, how do I proceed with probate?
I need letters of administration for my brother's estate in Itanagar but he had no will, what documents are required?
I need letters of administration for my brother's estate in Gangtok but he had no will, what documents are required?
I need letters of administration for my brother's estate in Aizawl but he had no will, what documents are required?
I need letters of administration for my brother's estate in Kohima but he had no will, what documents are required?
I need letters of administration for my brother's estate in Shillong but he had no will, what documents are required?
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.