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 does the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, protect the rights of elderly parents in India?
What is the significance of Section 498A of the Indian Penal Code, 1860, regarding matrimonial cruelty, and what are the legal implications?
Can you clarify the provisions for adoption in India under the Hindu Adoption and Maintenance Act, 1956, especially Section 6?
What are the grounds for annulment of marriage under the Special Marriage Act, 1954, particularly Section 24?
How is maintenance determined for a wife under Section 125 of the Criminal Procedure Code, 1973, and what evidence is needed?
Can you explain the process of obtaining child custody in India under the Guardians and Wards Act, 1890, particularly Section 17?
What are the procedures and time frames for filing a divorce under the Hindu Marriage Act, 1955, specifically Section 13?
What are the implications of the Protection of Women from Domestic Violence Act, 2005, and how can I file a complaint under it?
How does the court determine the division of property in a divorce case under Section 27 of the Hindu Marriage Act, 1955?
What steps can I take to challenge a maintenance order issued against me under Section 125 of the Code of Criminal Procedure, 1973?
What are the legal rights of a wife regarding property under the Hindu Succession Act, 1956, particularly after a divorce?
How can I file a petition for judicial separation under Section 10 of the Hindu Marriage Act, 1955, and what are the legal grounds required for it?
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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.