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 is the limitation period for annulment for senior citizens?
What documents are needed for a divorce petition for women in India?
What documents are needed for child custody under Indian law?
What documents are needed for annulment in India?
Is it legal to file a divorce petition before the magistrate?
How long does it take to resolve child custody cases in India?
How long does it take to obtain an annulment as per the Supreme Court judgment?
How do I file a divorce petition in the High Court?
How do I file for alimony without going to court?
Can I file a criminal complaint under Section 125 of the CrPC?
Can a court order marriage registration without a lawyer?
Can a court order guardianship in a criminal case?
Can a court order guardianship for senior citizens?
Who can file for guardianship for senior citizens?
Who can file a dowry case without going to court?
What remedies are available for adoption in the High Court?
How long does it take to get maintenance in a criminal case?
How long does it take to resolve child custody cases under Indian law?
What is the limitation period for child custody as per the Supreme Court?
What is the procedure for a divorce petition without going to court?
What is the limitation period for annulment in India?
What documents are needed for a divorce petition without going to court in India?
What defenses are available against a maintenance claim under Section 125 of the Criminal Procedure Code?
What is the limitation period for filing a divorce petition for senior citizens in India?
I want divorce to my husband and maintenance what can I do
What is the procedure for dowry case in the high court?
What documents are needed for divorce petition without a lawyer?
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.