Editorial
Knowledge, Plainly Written
Long-form notes on the questions our individual and NRI clients ask most often. Written so you can decide whether you need a lawyer at all, and what to ask if you do.
Can fathers get child custody in India?
Legal Framework Governing Father Child Custody Rights in India A father sits in a family court corridor, holding divorce papers in one hand and a photograph of his daughter in the other. His lawyer has just explained that custody typically favors mothers. He wonders: does the law actually say this, or is it merely a widespread assumption? This scenario unfolds daily in family courts across Mumbai, Delhi, Bangalore, and every major Indian city. For decades, father child…
Read article · 24 min →What are the rights of a wife after divorce in India?
Understanding the Rights of a Wife After Divorce in India A 34-year-old woman from Mumbai walks out of family court holding a decree of divorce. Her marriage of nine years has ended. She has no independent income, two children to raise, and a shared apartment she cannot afford alone. She turns to her lawyer and asks the question thousands of women across India ask every year: "What happens to me now?" Post-divorce rights are not favors. They are legal entitlements built into…
17 min read →Can cruelty be a ground for divorce in India?
What Does Indian Law Say About Cruelty as a Ground for Divorce? Cruelty as a ground for divorce is explicitly recognized under multiple statutory frameworks governing marriage and divorce in India. The exact provision depends on which personal law applies to your marriage—Hindu, Muslim, Christian, Parsi, or civil marriage under the Special Marriage Act. Consider the case of Priya from Mumbai. After five years of marriage, she faced daily verbal abuse, constant humiliation in…
18 min read →How can domestic violence affect divorce proceedings?
Understanding Domestic Violence and Its Impact on Divorce Proceedings A woman in Pune filed for divorce after enduring years of abuse. Her husband immediately counter-claimed, accusing her of desertion. Within weeks, she approached the family court under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), obtained a protection order, and secured interim maintenance. The domestic violence proceedings fundamentally shifted the balance of power in the divorce…
16 min read →How long does a mutual consent divorce take in India?
Ravi and Anjali married six years ago. They tried to make it work, but after months of silence and separate rooms, they both knew it was over. Neither wanted drama, lawyers fighting in court, or blame games. They simply wanted to part ways peacefully. But one question kept them awake: how long would it actually take? This is not a rare story. Thousands of couples across India ask the same thing every year. The mutual consent divorce timeline is one of the most searched legal…
15 min read →Can a husband claim maintenance from his wife?
In 2023, a Delhi-based software professional lost his job due to health complications. His wife, a senior corporate executive, filed for divorce. During proceedings, he requested maintenance for husband from her. The Family Court dismissed his petition within minutes, citing "lack of legal basis." Three months later, he was forced to sell family heirlooms to pay litigation costs while she continued earning a six-figure monthly salary. This scenario reflects a structural…
17 min read →Can the six-month cooling-off period in divorce be waived?
What Is the Six-Month Cooling-Off Period in Divorce? The six-month cooling-off period is a statutory pause built into mutual consent divorce proceedings under the Hindu Marriage Act, 1955 . When spouses jointly file a petition for mutual divorce under Section 13B of the Hindu Marriage Act , they declare that they have been living separately for at least one year and cannot continue their marriage. The court records this joint petition but does not allow immediate divorce.…
19 min read →How is alimony calculated in divorce cases?
When a marriage ends, one question often creates more confusion than any other: how much alimony in divorce will be paid, and who decides it? A wife may worry whether she will receive enough financial support to maintain her dignity. A husband may fear being ordered to pay amounts he cannot afford. Both may wonder: is there a formula? Is there a percentage? Does the court just decide randomly? Alimony in divorce cases is not arbitrary. It is based on statutory law, judicial…
14 min read →How can a spouse contest a divorce petition?
Understanding How to Contest a Divorce Petition When a divorce petition arrives, the emotional impact can be overwhelming. Perhaps the relationship still feels salvageable, or the grounds mentioned seem exaggerated or entirely false. You may disagree with proposed conditions regarding custody, maintenance, or property division. Whatever your reason, you are not powerless. Under Indian law, you have a clear right to contest a divorce petition filed against you. This…
21 min read →Can NRIs file for divorce in India?
Understanding the Legal Framework for NRI Divorce in India You live abroad. Your marriage was registered in India. Now the relationship has broken down, and you're wondering: can you file for divorce from where you are, or must you return to India? What if your spouse remains in India while you're overseas? Which court has jurisdiction, and whose laws apply? NRI divorce in India involves more than standard matrimonial law. It requires understanding jurisdictional strategy,…
19 min read →What is interim maintenance and how can it be claimed?
What Is Interim Maintenance? Interim maintenance is temporary financial support paid by one spouse to the other during the pendency of matrimonial proceedings. It is not a final settlement, permanent alimony, or negotiation tactic. It is a statutory right under Indian family law designed to prevent financial abandonment while divorce, judicial separation, or nullity petitions remain pending in court. Matrimonial disputes in India often take years to resolve. Without interim…
15 min read →What documents are required for mutual consent divorce?
Understanding Mutual Consent Divorce in India Rahul and Priya had been living separately for over a year. They both agreed that divorce was the best decision. But when they approached the family court, the clerk handed them a long list of papers to submit. Neither of them knew what half of those documents for mutual divorce actually meant or why they were required. If you are planning to file for mutual consent divorce in India, understanding what documents for mutual…
16 min read →Can grandparents seek custody or visitation rights?
Understanding the Legal Framework for Grandparents' Rights in India In 2022, a Mumbai grandmother approached the family court after her son passed away and her daughter-in-law remarried and relocated with the child. After more than a year without contact, she asked: do I have any legal right to meet my grandchild? Can I apply for custody or visitation? This situation reflects a growing concern among Indian families as changing dynamics, migration, divorce, and remarriage…
15 min read →How can mutual consent divorce be obtained in India?
When a marriage reaches a point where both spouses recognize that continuing together is no longer viable, mutual consent divorce offers a dignified, legally sound path forward. Unlike contested divorce proceedings that drag on for years and drain emotional and financial resources, divorce by mutual consent provides a structured, time-bound process that allows couples to separate without acrimony. This comprehensive guide explains how mutual consent divorce works in India,…
19 min read →Can a divorce case be transferred from one city to another?
What Does Transfer of Divorce Case Mean? A transfer of divorce case refers to the legal process through which a pending matrimonial proceeding moves from one court in India to another court in a different city or state. This strictly concerns shifting jurisdiction from one family court or district court to another, not changing the nature of the case or the parties involved. The current court does not automatically relinquish jurisdiction. The proposed court does not…
19 min read →How are foreign divorce decrees recognized in India?
An Indian woman working in Singapore receives her divorce decree from a California court. When she returns to Mumbai and wishes to remarry, her lawyer hesitates. The foreign decree looks valid, but does Indian law automatically accept it? Can she proceed without separate proceedings in India? This situation affects thousands of Indians living abroad every year. Many Non-Resident Indians (NRIs) obtain divorce decrees in countries like the United States, United Kingdom,…
17 min read →How is visitation rights determined in child custody cases?
Legal Framework Governing Child Visitation Rights in India A mother in Pune recently lost regular contact with her 7-year-old daughter after a bitter divorce. The father moved to another city and refused to share the child's address. After months of anxiety, she filed for child visitation rights in family court. Within weeks, an interim order allowed her supervised weekend visits. This is not an isolated story. Thousands of parents across India face similar struggles every…
15 min read →What are the grounds for contested divorce in India?
Understanding Contested Divorce in India Last month, a young woman from Bangalore searched online: "Can I get a divorce even if my husband doesn't agree?" She had been living separately for three years, endured years of emotional cruelty, and was financially drained. She didn't want to negotiate. She wanted out, legally and finally, on solid ground. She needed to understand the grounds for contested divorce under Indian law. If you're reading this, you may be in a similar…
18 min read →How is child custody decided after divorce?
When a marriage ends, the question that weighs most heavily on separating parents is often: "What happens to my child?" A mother in Pune approached her family court asking, "If I file for divorce, will I lose custody?" A father in Delhi wondered, "Can my wife relocate abroad with my son without my permission?" These concerns reflect the reality that child custody in India remains one of the most contested and emotionally charged aspects of divorce proceedings. Every year,…
20 min read →What is restitution of conjugal rights under Indian law?
When a marriage starts falling apart and one spouse leaves the other without valid reason, many wonder whether the law can compel them to return. This is where restitution of conjugal rights becomes relevant under Indian matrimonial law. Across India, thousands of married individuals face situations where their spouse suddenly withdraws from the marriage without explanation, refuses to live together, or moves out citing vague incompatibility. Many don't realize that Indian…
16 min read →Is adultery a ground for divorce in India?
What Does Adultery Mean Under Indian Divorce Law? Adultery and divorce remain directly linked under Indian matrimonial statutes, even after the Supreme Court decriminalized adultery in 2018. Adultery refers to voluntary sexual intercourse between a married person and someone who is not their spouse. It is considered a serious matrimonial offence and a valid ground for divorce under multiple personal laws in India. Under the Hindu Marriage Act, 1955, Section 13(1)(i)…
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