Family Laws

We both agree to separate. How does divorce by mutual consent work?

If you have lived separately for at least one year and both agree, you can file a joint petition in the family court. The court usually gives a 6-month waiting period before the final hearing, which it can waive in some cases. Christian couples need two years of separation.

My spouse won't agree. On what grounds can I get a divorce?

You can get a divorce without your spouse's consent if you prove a legal ground in the family court. Common grounds are cruelty (including mental cruelty), desertion for two years, adultery and conversion. The exact list depends on your personal law (Hindu, Muslim, Christian, Parsi) or the Special Marriage Act.

My husband doesn't support me. Can I claim maintenance from him?

Yes. A wife who cannot support herself can ask the court for monthly maintenance from a husband who has enough means, under BNSS Section 144. This applies to women of every religion, including divorced wives who have not remarried. You can also claim it in divorce or domestic violence cases.

Act fast

I'm facing violence at home. How does the law protect me?

If you are in danger right now, call 112. The Domestic Violence Act protects any woman abused by a husband, partner or family member she lives or lived with, whatever her religion. A Magistrate can order the abuser to stop, let you stay in the shared home, and make him pay you money.

Act fast

My in-laws are harassing me for dowry. What can I do?

If you are in danger, call 112 or 181 now. Demanding dowry is a crime, and harassing a wife for dowry is cruelty under BNS Section 85 (up to 3 years in jail). You can file a police complaint, and also seek protection and the return of your streedhan.

How do we do a court marriage? Do we need our parents' consent?

No, adults do not need their parents' consent. Under the Special Marriage Act, a man aged 21+ and a woman aged 18+, of any religion, can marry without converting. You give notice to the Marriage Officer, wait 30 days for objections, then marry before three witnesses.

We are separating. Who gets custody of our children?

There is no automatic rule. The court decides based on what is best for the child (the child's welfare). Children under 5 usually stay with the mother. The other parent usually gets visiting rights, and not having custody does not end the duty to support the child.

My children don't take care of me. Can I claim maintenance?

Yes. Parents, and senior citizens aged 60+, who cannot support themselves can claim monthly maintenance from their adult children or grandchildren. Apply to the Maintenance Tribunal (usually at the SDM office); you don't need a lawyer. It can order up to ₹10,000 a month. You can also claim under BNSS Section 144.

Is marriage registration compulsory? How do I register?

Yes, in many states it is compulsory, and the Supreme Court has directed that all marriages be registered. But a valid marriage does not become invalid just because it was not registered. Register at the Marriage Registrar's office or online, with ID, age proof, photos and witnesses.

We want to live together without marrying. Is a live-in relationship legal?

Yes. Two adults living together by choice is not a crime, as the Supreme Court has held. A woman in a long, marriage-like live-in relationship can use the Domestic Violence Act for protection and money. In Uttarakhand, live-in couples must register their relationship.