Family Law
Sensitive guidance on marriage, separation, children and family property.
Key Dates and Numbers
- 1 year
- Living separately
- Required before a mutual consent petition under Section 13B of the Hindu Marriage Act.
- 6 months
- Gap between the two motions
- The second motion follows the first after six months. The court can waive this in suitable cases.
- 18 months
- Outer limit for the second motion
- The second motion should be made within 18 months of the first petition.
Overview
Family law covers marriage, separation, divorce, maintenance, child custody and inheritance within the family. In India, many of these questions depend on the personal law that applies to you, such as Hindu, Muslim, Christian or Parsi law, or on the Special Marriage Act for civil marriages.
What This Area Covers
The kinds of matter people most often bring to us in this area.
Mutual Consent Divorce
The process when both spouses agree to part, including settling maintenance, custody and stridhan.
Contested Divorce and Separation
What applies when one spouse does not agree, and the grounds under the personal law that governs the marriage.
Maintenance
Claims by a wife, children or parents who cannot maintain themselves, including interim maintenance.
Child Custody and Visitation
Arrangements after separation, which courts decide by looking at the child's welfare.
Protection From Domestic Violence
Protection, residence and monetary relief orders under the Domestic Violence Act.
Stridhan and Inheritance
Recovering a woman's own property, and how family property passes after a death.
When You Might Need Help
If any of these sounds familiar, it may help to get guidance early.
- You and your spouse want a divorce by mutual consent
- You are facing physical, emotional or financial abuse at home
- You need maintenance for yourself, your children or your elderly parents
- You are separated and need clarity on child custody or visitation
How a Matter Usually Moves
This is the usual order of events. Your matter may differ, depending on its facts and your state.
- 1
Safety and Immediate Needs
- 2
Counselling or Mediation
- 3
Petition or Application
- 4
Interim Orders
- 5
Settlement or Final Order
How NYAY GHAR Helps
What you can expect from our team once you share your concern.
Listening First
We give you space to explain what is happening, in your own words and your own language.
Explaining Your Options
We explain routes such as mediation, mutual consent divorce, maintenance claims and protection orders.
Safety Comes First
If you are in danger, we point you to immediate help such as the emergency number 112 and the women helpline 181.
Connecting with an Advocate
Where court proceedings are needed, we connect you with an advocate experienced in family matters.
Documents to Keep Ready
You do not need all of these. Share what you have.
- Marriage certificate, or wedding invitation and photographs
- Birth certificates of children
- Income proof of both spouses, such as salary slips, tax returns and bank statements
- A list of stridhan and gifts, with photos or receipts where available
Mistakes to Avoid
Small slips that can make a matter harder later on.
- Signing a settlement before stridhan, maintenance and custody are clearly written into it
- Leaving home without copies of key documents, where it is safe to take them
- Keeping no record of abuse, such as medical reports, photographs or messages
- Hiding income or assets, since courts can require sworn affidavits of assets and liabilities
Laws That Usually Apply
The main laws behind this area, in plain language.
Hindu Marriage Act, 1955
Special Marriage Act, 1954
Protection of Women from Domestic Violence Act, 2005
Common Questions
Every situation is different. These pages explain the area in general terms; your matter will be reviewed on its own facts.
How long does a mutual consent divorce take?
Under Section 13B of the Hindu Marriage Act, the couple must have lived separately for at least a year. The second motion is filed six months after the first, though the court can waive this waiting period in suitable cases.
Can I claim maintenance without getting a divorce?
Yes. A wife who cannot maintain herself can claim maintenance during the marriage under Section 144 BNSS, the Domestic Violence Act or her personal law, and courts can grant interim maintenance while the case is pending.
Is the Domestic Violence Act only for wives?
No. It protects women in a domestic relationship in a shared household, including mothers, sisters, widows and women in a relationship in the nature of marriage.
Do daughters have a share in ancestral property?
Under the Hindu Succession Act as amended in 2005, a daughter is a coparcener by birth with the same rights as a son. Other personal laws have their own rules.
Not Sure Where to Begin? Start by Telling Us What Happened.
Share your concern in your own words. Our team will read it and get back to you.