🧑⚖️ Introduction Family law
Family law touches every corner of our personal lives — from marriage and separation to custody battles and inheritance disputes. Whether you’re considering legal separation or facing challenges in a joint family setup, this blog is your go-to legal guide. We’ve compiled the most frequently asked questions around family law in India and answered them for your clarity.
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🔗 Top 10 Family Law Questions Answered
1. What is the procedure for mutual consent divorce in India?
Mutual consent divorce under Section 13-B of the Hindu Marriage Act requires both spouses to agree to end the marriage amicably.
Key Steps:
- Filing a joint petition
- Six-month cooling period (can be waived in some cases)
- Second motion petition
- Final decree by the Family Court
👉 Read Full Guide on Mutual Divorce Procedure in India
2. What are the grounds for contested divorce?
A spouse can file for divorce on grounds like adultery, cruelty, desertion (2+ years), conversion, mental disorder, communicable disease, or renunciation.
👉 Explore Grounds for Divorce under Hindu Marriage Act
3. Who gets child custody after divorce?
The child’s welfare is paramount, not just parental rights. Courts often grant custody to mothers (especially for children under 5), but fathers can get custody if it’s in the child’s best interest.
👉 Understanding Child Custody Laws in India
4. Can a working woman get maintenance?
Yes, a working woman can still claim maintenance if her income is insufficient to maintain the same standard of living.
Maintenance is governed by Section 125 CrPC, Hindu Adoption and Maintenance Act, and other personal laws.
👉 When Can Women Claim Maintenance?
5. How is alimony calculated?
There is no fixed formula, but factors include:
- Husband’s income
- Wife’s income and needs
- Standard of living
- Duration of marriage
- Number of dependents
👉 Guide to Calculating Alimony in India
6. Can in-laws be booked under domestic violence laws?
Yes. Under the Protection of Women from Domestic Violence Act, 2005, not only the husband but his relatives (including in-laws) can be made parties if abuse is physical, emotional, or financial.
👉 Know Your Rights Under DV Act
7. What is the legality of live-in relationships in India?
Live-in relationships are legal and recognized by the courts. Children born out of such relationships are considered legitimate, and women may claim maintenance under DV Act.
👉 Legal Rights in Live-in Relationships
8. How to protect your property from spouse during disputes?
You can safeguard inherited property or self-acquired assets through prenuptial agreements (though not legally binding, they have evidentiary value) and documented ownership.
👉 Property Division in Divorce Explained
9. Can a husband claim maintenance from wife?
Yes, under Section 24 of the Hindu Marriage Act, a husband with no source of income can claim maintenance from his earning wife.
👉 Gender-Neutral Maintenance Laws in India
10. How long does a divorce case usually take?
- Mutual divorce: 6–18 months
- Contested divorce: 2–5 years or longer
Timelines depend on evidence, court workload, and cooperation between parties.
👉 How to Speed Up Divorce Proceedings
📝 Final Thoughts
Family law in India is not just about disputes — it’s about resolving personal issues with dignity, legal protection, and fairness. If you’re going through a family law issue, it’s crucial to consult a qualified advocate to safeguard your rights.Get clear answers to the top 10 frequently asked questions in Indian family law. Learn about divorce, child custody, alimony, maintenance, and domestic violence from legal experts.
