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.
I am a Muslim woman in Amravati and my husband has given talaq through a family arbitration but I am unsure of its validity, what should I check?
I am a Muslim woman in Kolhapur and my husband has given talaq through a family arbitration but I am unsure of its validity, what should I check?
I want to probate my father's will in Itanagar, what steps do I need to follow?
I want to probate my father's will in Gangtok, what steps do I need to follow?
I want to probate my father's will in Aizawl, what steps do I need to follow?
I want to probate my father's will in Kohima, what steps do I need to follow?
I want to probate my father's will in Shillong, what steps do I need to follow?
I want to probate my father's will in Imphal, what steps do I need to follow?
I want to probate my father's will in Agartala, what steps do I need to follow?
I want to probate my father's will in Srinagar, what steps do I need to follow?
I want to probate my father's will in Jammu, what steps do I need to follow?
I want to probate my father's will in Vasco da Gama, what steps do I need to follow?
I want to probate my father's will in Margao, what steps do I need to follow?
I want to probate my father's will in Panaji, what steps do I need to follow?
I want to probate my father's will in Dharamshala, what steps do I need to follow?
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.