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 do I get child custody of my minor child in Shillong after separation?
How do I get child custody of my minor child in Imphal after separation?
How do I get child custody of my minor child in Agartala after separation?
How do I get child custody of my minor child in Srinagar after separation?
How do I get child custody of my minor child in Jammu after separation?
How do I get child custody of my minor child in Vasco da Gama after separation?
How do I get child custody of my minor child in Margao after separation?
How do I get child custody of my minor child in Panaji after separation?
How do I get child custody of my minor child in Dharamshala after separation?
How do I get child custody of my minor child in Manali after separation?
How do I get child custody of my minor child in Shimla after separation?
How do I get child custody of my minor child in Haldwani after separation?
How do I get child custody of my minor child in Nainital after separation?
How do I get child custody of my minor child in Haridwar after separation?
How do I get child custody of my minor child in Dehradun after separation?
How do I get child custody of my minor child in Silchar after separation?
How do I get child custody of my minor child in Dibrugarh after separation?
How do I get child custody of my minor child in Guwahati after separation?
How do I get child custody of my minor child in Bilaspur after separation?
How do I get child custody of my minor child in Bhilai after separation?
How do I get child custody of my minor child in Raipur after separation?
How do I get child custody of my minor child in Bokaro after separation?
How do I get child custody of my minor child in Dhanbad after separation?
How do I get child custody of my minor child in Jamshedpur after separation?
How do I get child custody of my minor child in Ranchi after separation?
How do I get child custody of my minor child in Sambalpur after separation?
How do I get child custody of my minor child in Rourkela after separation?
How do I get child custody of my minor child in Cuttack after separation?
How do I get child custody of my minor child in Bhubaneswar after separation?
How do I get child custody of my minor child in Kannur after separation?
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.