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 can I contest a Will that is suspected to be a product of undue influence under the Indian Succession Act, 1925?
What are my rights regarding property division in a divorce under Section 27 of the Hindu Marriage Act, 1955?
Under which circumstances can a father get custody of his child according to the Hindu Minority and Guardianship Act, 1956?
What is the process for filing a domestic violence complaint under the Protection of Women from Domestic Violence Act, 2005, and what relief can I expect?
How does the Guardians and Wards Act, 1890, determine child custody, and what are the key factors the court considers?
Can I seek maintenance for my children under Section 125 of the Code of Criminal Procedure, 1973, if I am not legally divorced yet?
How does the Domestic Violence Act, 2005 protect women, and what are the steps to file a complaint under this Act?
What are the legal requirements for executing a valid marriage under the Special Marriage Act, 1954, and what documents do I need to provide?
Can I seek maintenance for my child under Section 125 of the Code of Criminal Procedure, 1973, and what is the procedure to file for it?
What is the process to seek divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, and how long does it typically take?
How do I initiate a case for domestic violence under the Protection of Women from Domestic Violence Act, 2005, and what relief can I seek?
Can I contest a will that was created under the Indian Succession Act, 1925, and what are the grounds for challenging its validity?
What are the legal steps to obtain a child custody order under the Guardians and Wards Act, 1890, and how are custody decisions made?
What is the process for filing a divorce under Section 13 of the Hindu Marriage Act, 1955, and what are the grounds for divorce in India?
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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.