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 to file for mutual consent divorce in Nagpur family court
how to file for mutual consent divorce in Pune family court
how to file for mutual consent divorce in Mumbai family court
I am a divorced mother getting 15000 per month maintenance for my child, the father's salary has doubled, can I claim more?
I am paying maintenance under court order but now I have lost my job, can I get the maintenance amount reduced?
My husband is asking for divorce on the ground that I cannot have children, is this a valid ground?
My wife is Christian and I am Hindu, we want to register our marriage, can we do it under Special Marriage Act?
My wife is asking for permanent alimony of 50 lakhs, I earn 80 thousand per month, what will the court decide?
We are both Hindus but got married under Special Marriage Act, do Hindu Succession Act rules apply to our property?
I want to adopt a child, I am a 40 year old unmarried Hindu woman, can I adopt under Hindu law?
My wife filed a Section 125 CrPC maintenance case against me but she is working and earning well, do I still have to pay?
We are Hindus married under the Special Marriage Act, can we still file for mutual consent divorce?
My husband filed for divorce on mental cruelty grounds because I filed a false dowry case, will the court grant divorce?
I am a Hindu married woman, my parents gave me gold and cash at the time of marriage as streedhan, who owns it?
My wife left me 2 years ago and is living separately, can I file for divorce on the ground of desertion?
I am a Muslim woman, my husband gave me triple talaq verbally, is it valid in India now?
After my divorce, my ex-husband got custody of my 8 year old son, can I get visitation rights and how often?
My husband married another woman without divorcing me, can I file a bigamy case against him?
My wife and I got mutual consent divorce but now she is asking for more money, can she claim maintenance again?
My husband earns 1.5 lakh per month, I am a homemaker with no income, how much maintenance can I claim under Hindu law?
Me and my wife want divorce by mutual consent, we have been separated for 10 months, can we file now or do we need to wait?
My husband's ancestral property is being sold by his brothers without my children's consent after his death. Is this valid?
My husband is impotent and did not disclose this before marriage. Can I file for annulment?
Can a divorced Muslim woman claim maintenance beyond the iddat period?
My wife filed a false 498A case against me and my parents. What are our legal options?
I want to adopt a child but I am unmarried. Is adoption allowed for a single Hindu male or female?
My brother is refusing to give me my share in ancestral property saying I am a daughter. Is this legal?
My husband died without a will. I have two daughters. How will his self acquired property be divided?
Can a Hindu man marry a second time if his first wife gives consent?
My wife and I got married in a temple and never registered it. Is the marriage legally valid?
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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.