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.
Can I contest a will under the Indian Succession Act, 1925, and what are the specific grounds for doing so as per Sections 59 and 61?
What are the legal implications of a live-in relationship in India under the Domestic Violence Act, 2005, and how can I seek protection?
Is there a specific timeline to file for annulment of marriage under the Hindu Marriage Act, 1955, particularly under Section 12?
What are my rights regarding the maintenance of my elderly parents under Section 125 of the Code of Criminal Procedure, 1973?
Under what conditions can a marriage be annulled as per Section 12 of the Hindu Marriage Act, 1955, and what is the timeline for filing such a petition?
What steps should I take to challenge a false dowry harassment case filed against me under Section 498A of the Indian Penal Code, 1860?
What is the process to file for child custody under the Guardians and Wards Act, 1890, and how long does it typically take to resolve?
How do the provisions of Section 7 of the Guardian and Wards Act, 1890, impact my rights in obtaining guardianship of my minor child?
Can I claim alimony if my spouse has been living separately for more than one year under Section 25 of the Hindu Marriage Act, 1955?
How does the transfer of property work during a divorce under the Hindu Succession Act, 1956, specifically in relation to Section 30?
What are the legal grounds for contesting a divorce petition under the Special Marriage Act, 1954, particularly under Section 27?
What is the procedure to file for a divorce under Section 13 of the Hindu Marriage Act, 1955, and what are the required documents?
How can I seek maintenance for my children under Section 125 of the Code of Criminal Procedure, 1973, and what is the procedure involved?
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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.