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.
How long does it take to obtain guardianship in India?
How long does it take to obtain guardianship as per the Supreme Court?
How long does it take to resolve a domestic violence case under Section 125 of the Criminal Procedure Code?
How long does it take to resolve a domestic violence case in India?
How long does it take to process a divorce petition with online filing in India?
How long does it take to file a divorce petition in a criminal case?
How long does it take to resolve a child custody case with online filing in India?
How long does it take to get an annulment without going to court in India?
How long does it take to get an annulment in India?
How long does it take to get an annulment as per the latest legal position?
How do I file for marriage registration without a lawyer?
How do I file a divorce petition with online filing in India?
How do I file for child custody without a lawyer?
How do I file for alimony with online filing in India?
Can a court order marriage registration without a lawyer?
Can a court order marriage registration for senior citizens?
Can a court order guardianship in the High Court?
Can a court order domestic violence protection without a lawyer?
Can a court order annulment as per the Supreme Court judgment?
What remedies are available for child custody under Indian law?
Who can file for marriage registration in India?
Who can file for maintenance in the High Court?
Who can file a divorce petition without a lawyer in India?
Who can file for adoption of senior citizens in India?
What remedies are available for maintenance under Section 125 of the Criminal Procedure Code?
What remedies are available for maintenance under Section 125 of the Criminal Procedure Code in India?
What is the punishment for alimony in a criminal case?
What is the limitation period for marriage registration 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.