Practice note

Divorce, Maintenance, Custody and Domestic Violence

Matrimonial relief is governed by the personal law applicable to the parties, principally the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954, and is adjudicated by the Family Courts constituted under the Family Courts Act, 1984. Maintenance may additionally be claimed under Section 144 BNSS (formerly Section 125 CrPC), and protection and residence orders under the Protection of Women from Domestic Violence Act, 2005.

Statement of law as on 19 October 2026Lex Meridian · Advocates & Legal Consultants

In brief

Divorce by mutual consent under Section 13B HMA requires the parties to have lived separately for one year; the six-month interval under Section 13B(2) may be waived in an appropriate case.
Contested divorce lies on the grounds in Section 13 HMA, including cruelty and desertion for a continuous period of two years.
Interim maintenance and litigation expenses may be claimed under Section 24 HMA, and maintenance under Section 144 BNSS irrespective of religion.
In matters of custody, the welfare of the child is the paramount consideration.

Governing law

Hindu Marriage Act, 1955: Sections 9 (restitution of conjugal rights), 13 (divorce), 13B (divorce by mutual consent), 24 and 25 (maintenance and permanent alimony), 26 (custody of children).
Special Marriage Act, 1954: Sections 27, 28 and 36 to 38, for marriages solemnised or registered under the Act.
Protection of Women from Domestic Violence Act, 2005: Sections 12 and 17 to 22 (protection, residence, monetary relief, custody and compensation orders).
Bharatiya Nagarik Suraksha Sanhita, 2023: Section 144 (maintenance of wives, children and parents).
Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956: Custody and guardianship of minors.
Family Courts Act, 1984: Jurisdiction of Family Courts, counselling and conciliation, and appeals (Section 19).

How the matter is handled

Stage	Steps taken	Indicative time
1. Consultation	Assessment of the applicable personal law, jurisdiction, grounds and reliefs, and the scope for settlement.	First meeting
2. Settlement or petition	Drafting of settlement terms (alimony, custody, return of stridhan) or filing of the petition before the Family Court.	Weeks
3. Interim reliefs	Applications for interim maintenance, custody or visitation, and for protection or residence orders.	Early hearings
4. Mediation	Court-annexed mediation and counselling as directed by the Family Court.	1 to 3 months
5. Decree	Evidence and final hearing in contested matters; decree of divorce, maintenance or custody; appeal under Section 19 of the Family Courts Act.	Depends on the court

Leading judicial authorities

Amardeep Singh v. Harveen Kaur
(2017) 8 SCC 746
The six-month period under Section 13B(2) HMA is directory and may be waived where the parties have genuinely settled and the waiting period would only prolong their agony.
Shilpa Sailesh v. Varun Sreenivasan
Constitution Bench, 1 May 2023
The Supreme Court may, in exercise of its power under Article 142, dissolve a marriage on the ground of its irretrievable breakdown and dispense with the waiting period for divorce by mutual consent.
Rajnesh v. Neha
(2021) 2 SCC 324
Laid down guidelines on maintenance, including mandatory affidavits of disclosure of assets and liabilities, the date from which maintenance is payable, and adjustment of amounts awarded in parallel proceedings.
Mohd. Abdul Samad v. State of Telangana
Supreme Court, 10 July 2024
A divorced Muslim woman may claim maintenance under Section 125 CrPC (now Section 144 BNSS); the remedy is not excluded by the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Satish Chander Ahuja v. Sneha Ahuja
(2021) 1 SCC 414
A “shared household” under the DV Act includes a household belonging to relatives of the husband in which the aggrieved woman lived in a domestic relationship.
Gaurav Nagpal v. Sumedha Nagpal
(2009) 1 SCC 42
In custody disputes, the welfare of the child is the paramount consideration and prevails over the legal rights of the parents.

Latest judgments & updates

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Recent judgments of the Supreme Court, the High Courts and tribunals, and court reports, concerning Family & Matrimonial. Updated automatically through the day.

Documents to keep ready

Marriage certificate, invitation card or photographs of the marriage
Proof of separate residence and the period of separation
Income, salary and asset documents of both parties
Children's school and medical records, in custody matters

Frequently asked questions

How long does a divorce by mutual consent take?

The petition may be presented after one year of separation. The second motion is ordinarily moved after six months, but the Family Court may waive that interval in a suitable case, following Amardeep Singh v. Harveen Kaur.

Can maintenance be claimed in more than one proceeding?

Yes, but under Rajnesh v. Neha the court must take into account maintenance already awarded in the other proceeding when fixing the amount.

This note states the law in general terms as on 19 October 2026. It is not legal advice and does not create an advocate–client relationship. Judgments are summarised for reference and should be read in full from the official reports; the facts of each matter may alter the position.

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