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Family & Matrimonial Law

Family & Matrimonial Law deals with the legal aspects of personal relationships and family matters. It encompasses marriage, divorce, child custody, maintenance, adoption, and inheritance, ensuring justice and fairness in domestic and matrimonial issues.

Applicable Laws:

Scope of Services

Importance of Family & Matrimonial Law

Hindu Law

Muslim Law

Christian Law

Special Marriage Act, 1954

Enquiry

Family Law FAQs

How can I file for mutual divorce in India?

Both spouses file a joint petition, complete a cooling-off period, and appear before the family court for final consent.

What documents are required for mutual divorce?

Marriage certificate, ID/address proof, wedding photos, and mutually agreed settlement terms.

What is the minimum separation period for divorce?

1 year of separation under the Hindu Marriage Act.

Can one spouse deny mutual divorce?

Yes. If one partner disagrees, the case becomes a contested divorce.

What are grounds for contested divorce?

Cruelty, desertion, adultery, conversion, mental disorder, or incurable diseases.

Who gets child custody after divorce?

Courts prioritize child welfare. Working parents can also get custody.

How is alimony calculated?

Based on income, lifestyle, age, health, and financial needs.

Can a wife claim maintenance during the case?

Yes, through interim maintenance.

Are live-in relationships legally recognized?

Yes, for maintenance and protection under certain conditions.

Can daughters claim ancestral property?

Yes. Daughters have equal rights since the 2005 amendment.

What laws govern family and matrimonial matters in India?

Family matters are governed by personal laws such as the Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act, and secular laws like the Special Marriage Act and Domestic Violence Act.

How can a marriage be legally registered in India?

Marriage registration can be done under the Hindu Marriage Act or the Special Marriage Act by submitting required documents, photographs, and witness details at the local registrar’s office.

What is the difference between divorce and annulment?

A divorce ends a legally valid marriage. An annulment declares that a marriage was never valid from the start due to reasons such as fraud, coercion, or incapacity.

What are the grounds for filing a divorce?

Grounds include cruelty, desertion, adultery, mental disorder, conversion, and irretrievable breakdown of marriage (depending on applicable laws).

Can both spouses file for divorce jointly?

Yes. Mutual consent divorce allows both partners to jointly agree to dissolve the marriage, subject to certain conditions like separation period and settlement terms.

How long does a divorce typically take?

Mutual consent divorce may take 6 months to 1 year. Contested divorces may take longer depending on evidence, hearings, and court workload.

What is maintenance or alimony?

Maintenance or alimony refers to financial support awarded to a spouse or children for their livelihood. It can be interim or permanent depending on circumstances.

Can a working spouse also claim maintenance?

Yes. Even a working spouse may claim maintenance if their income is insufficient to meet their reasonable needs.

How is child custody decided in India?

Custody is based on the welfare and best interests of the child. Courts consider age, education, emotional bonding, and overall well-being, not just parental income.

Can fathers get child custody?

Yes. Courts may grant custody to fathers if it is in the child’s best interest. Visitation rights or shared parenting are also commonly ordered.

What is a guardianship order?

A guardianship order legally appoints a guardian to manage the personal or property interests of a minor when needed.

What protections are available in domestic violence cases?

The Domestic Violence Act offers protection orders, residence rights, monetary relief, custody orders, and protection officers to support victims.

The Act primarily protects women, but men can pursue remedies under other criminal and civil laws in cases of harassment or abuse.

Women have rights to maintenance, shared household residence, protection from violence, and equitable distribution of assets depending on applicable law.

What documents are needed to file a divorce?

Marriage proof, address proof, photographs, ID documents, marriage certificate, and evidence supporting the grounds for divorce.

Can NRI marriages be registered or dissolved in India?

Yes. NRI marriages can be registered and dissolved in India if the marriage was solemnized here or the spouses fall under Indian jurisdiction.

Is counselling mandatory before divorce?

Many courts encourage mediation and counselling to explore reconciliation, especially in family disputes.

What is the Special Marriage Act?

It is a secular law allowing inter-religious and inter-caste marriages without requiring conversion, with its own marriage and divorce provisions.

Can a marriage be declared null and void?

Yes. Marriages involving fraud, bigamy, impotence, or prohibited relationships may be declared null and void by the court.

What are my rights if I have been deserted by my spouse?

You may claim maintenance, file for divorce, and seek residence and protection depending on your circumstances and applicable law.

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