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Individual
Family & Divorce
Divorce, custody, maintenance, and 498A defence handled with privacy and a settle-first instinct, because most matrimonial disputes hurt less when they end faster.
Background
How divorce and family law work in India
Indian family law is governed by personal-law statutes, the Hindu Marriage Act, Special Marriage Act, Indian Christian Marriage Act, Muslim Personal Law, Parsi Marriage and Divorce Act, alongside cross-cutting statutes like the Domestic Violence Act, 2005, the Guardians and Wards Act, 1890, and Section 125 CrPC for maintenance. The fastest path is mutual consent under Section 13B HMA, completed in 6 to 18 months. Contested divorce on grounds of cruelty, desertion, adultery, or irretrievable breakdown takes 2 to 5 years.
What We Handle
Scope of Work
- ▸ Mutual consent divorce, six-month statutory cooling-off, waivable in deserving cases
- ▸ Contested divorce, cruelty, desertion, adultery, irretrievable breakdown
- ▸ Child custody, guardianship, and visitation, sole, joint, or shared
- ▸ Maintenance and alimony, Section 125 CrPC, HMA, DV Act, lump-sum settlements
- ▸ Domestic Violence Act, 2005 remedies, protection orders, residence orders, monetary relief
- ▸ 498A defence, anticipatory bail, quashing under 482 CrPC, Supreme Court guardrails
- ▸ Pre-nuptial frameworks and family settlement deeds
- ▸ Cross-border family matters, UK/USA divorce decree recognition, mirror orders, parallel proceedings
Who It's For
Individuals at relationship turning-points who value privacy and want a clear, settle-first conversation before filing anything.
How It Works
A Four-Step Path to Clarity
- 01Confidential first call
30-to-45-minute conversation to understand the relationship history, the trigger, and what outcome would actually serve you.
- 02Strategy memo
Written assessment of mutual vs. contested path, custody and maintenance scenarios, timelines, and estimated costs.
- 03Negotiation or filing
Settlement-first negotiation with the other side's counsel where possible; petition drafted and filed if not.
- 04Hearings and resolution
Representation at every hearing, weekly updates, and a final decree, most matters end at settlement, not at trial.
Cross-Border Matters, India Jurisdiction
When the divorce or custody matter involves a spouse living abroad, LawCrust handles the Indian-jurisdiction limb, Indian Family Court filings, Section 13B mutual consent, contested-divorce trials, custody under the Guardians and Wards Act, decree recognition under Section 13 CPC. The foreign-jurisdiction limb (US divorce courts, UK family courts, Australian Family Court) is coordinated through our partner firms in your country.
In Their Words
What Clients Say About Family & Divorce
"Mutual consent divorce closed in 8 months from filing. The team made what felt impossible feel routine, and they were honest when settlement was the right call. No drama, just outcomes."
"Settled my 498A defence with anticipatory bail and a parallel divorce package. Everything closed in 11 months. They handled the calls so I did not have to talk to my ex-wife once."
"I am in Toronto and my spouse refused to come to India. They got my divorce decree via POA and video appearance in 14 months. Two video calls total. Worth every penny."
Reviews shown are anonymised at the client's request, identifiers, matter values, and outcomes are withheld for confidentiality per BCI guidelines and our privilege obligations.
Common Questions
Family & Divorce, Asked & Answered
Can I get a divorce without my spouse agreeing?
Yes, through contested divorce filed on statutory grounds (cruelty, desertion, adultery, conversion, mental disorder, irretrievable breakdown where applicable). It takes longer (2 to 5 years) and goes through evidence and trial. Mutual consent is faster but requires both spouses to file jointly.
Is the 6-month cooling-off period for mutual-consent divorce mandatory?
No, the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that the 6-month period under Section 13B(2) HMA can be waived where the marriage is irretrievable and parties have settled all issues. We routinely apply for waiver in suitable cases, reducing the timeline by 4 to 6 months.
What is the difference between maintenance and alimony?
Maintenance is monthly support (interim or permanent), claimable under Section 125 CrPC, the DV Act, or personal law. Alimony in India usually refers to a one-time lump-sum settlement at the time of divorce, calculated as a multiple of the paying spouse's annual income. Most modern settlements bundle both into a structured payout.
My spouse and I have agreed to separate but they keep changing their mind. What do I do?
This is the single most common reason mutual-consent divorces stall. The right move is to insist on a written, lawyer-mediated settlement BEFORE any court filing, signed by both spouses. Once signed, the joint petition follows. We also build in part-payment of alimony at the first motion so the receiving spouse has skin in the outcome and the second motion becomes procedurally inevitable.
My in-laws are threatening to file a 498A against me. Should I file divorce first?
Yes, in many cases. Filing for divorce on cruelty grounds before a 498A FIR is registered creates a contemporaneous record that the matrimonial dispute existed first and was the trigger. Combined with anticipatory bail, this is the standard defensive posture. Speak to counsel within days, not weeks, the timing matters.
How is child custody actually decided in India?
Indian courts apply the "welfare of the child" test under the Guardians and Wards Act, 1890. Custody can be sole, joint, or shared, with visitation rights for the non-custodial parent. Children below 5 are generally placed with the mother; children above 9 are heard on their preference. Cross-border custody adds Hague Convention and FEMA considerations.
Can I get a divorce in India if I was married in the USA or UK?
Yes, if either party is now domiciled in India or if Indian courts otherwise have jurisdiction (under Section 19 HMA or equivalent). A foreign divorce decree is also recognised in India under Section 13 CPC if it satisfies the Y. Narasimha Rao test, due notice, due process, decided on merits, not violating Indian public policy. For NRIs, we coordinate either path.
Speak With Counsel
Discuss Your Family & Divorce Matter
Share a few details. A member of our team responds within one business day with a written next-step plan. The first call is nominal and confidential.
- ✓ Response within one business day, no IVR, no gatekeepers.
- ✓ Confidential. Information shared here is covered by professional privilege.
- ✓ India-side counsel for NRIs, available in US, UK, Gulf, APAC time zones.
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