In shortFamily law in India depends on your personal law: the Hindu Marriage Act, 1955 for Hindus, Sikhs, Jains and Buddhists, the Special Marriage Act, 1954 for civil and inter-faith marriages, and separate laws for Muslims, Christians and Parsis. Divorce, custody and maintenance cases are heard by Family Courts. A mutual consent divorce is usually the quickest route, while contested cases depend on proof of grounds such as cruelty or desertion. Maintenance can also be claimed under Section 144 BNSS.
What this practice area covers
We group personal and household legal needs here because they usually involve the same family or home:
- Marriage and separation: mutual consent and contested divorce, judicial separation, custody, visitation and alimony.
- Proof of marriage: marriage registration under the Hindu Marriage Act, the Special Marriage Act or state rules.
- Notices: drafting and replying to legal notices on money, property, employment and family issues.
- Home: residential and commercial rent agreements, stamping and registration.
How family cases typically run
A mutual consent divorce under Section 13B of the Hindu Marriage Act starts with a joint petition after the couple has lived separately for at least a year. The court records statements, and the second motion is heard after six months, a period the court can waive in suitable cases following the Supreme Court's decision in Amardeep Singh v. Harveen Kaur (2017). All terms on alimony, custody and property should be written into the settlement before the first motion.
A contested divorce follows the pattern of a civil case: petition, reply, mandatory mediation or counselling, issues, evidence and arguments. Interim maintenance and custody can be decided early. Maintenance may be claimed under the personal law, under Section 144 BNSS (old Section 125 CrPC) and under the Domestic Violence Act, and courts require both sides to file affidavits of their assets and income.
Custody decisions turn on the welfare of the child, under the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956. Courts commonly give one parent custody and the other structured visitation.
Timelines and costs in general terms
A mutual consent divorce can conclude in a few weeks if the waiting period is waived, and otherwise in about six to eight months. Contested divorces usually take a few years, depending on the court and how much is disputed. Marriage registration is usually done within days under the Hindu Marriage Act, while the Special Marriage Act requires a 30-day public notice first.
Court fees in family matters are low. Professional fees depend on whether the matter is mutual or contested and on how many related cases (maintenance, domestic violence, custody) are running. Rent agreements carry stamp duty and, where registered, registration fees, both fixed by the state.
Why settlement is usually worth trying first
Family disputes often multiply: one divorce petition can lead to maintenance, domestic violence and criminal cases in different courts. A settlement that covers all of them together, with a clear payment schedule and withdrawal of every case, is usually less costly and less painful than fighting each one separately. We negotiate settlements and record them properly so they hold, and we litigate firmly where a fair settlement is not on offer.
Before any step, keep copies of your marriage proof, income and bank records, property papers, and messages or emails that matter to the dispute. Courts now require detailed disclosure of assets and income in maintenance cases, so organised records save time and strengthen your position, whichever side you are on.
Which service do you need?
All family & personal law services
Please note: this page explains the law and procedure in general terms as on 30 October 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.
Frequently asked questions
Can a divorce be granted without both spouses going to court?
Personal appearance is normally needed for statements in a mutual consent divorce, but courts increasingly allow appearance by video conference where a spouse cannot attend.
Is maintenance only for wives?
Wives, children and parents can claim maintenance under Section 144 BNSS. Under Sections 24 and 25 of the Hindu Marriage Act, either spouse can claim if they lack independent income.
Who gets custody of children after divorce?
There is no automatic rule. The court decides based on the welfare of the child, considering age, schooling, care arrangements and, for older children, their own wishes.
Is marriage registration compulsory in India?
Several states have made registration compulsory, and a registered certificate is the most reliable proof of marriage for passports, visas and bank records, so it is advisable in every case.
Why are most rent agreements made for 11 months?
Under the Registration Act, 1908, a lease for more than a year must be registered. An 11-month agreement avoids compulsory registration, but it gives weaker evidence in a dispute.
How much does it cost to send a legal notice?
Costs depend on the complexity of the facts and whether a reply or follow-up is needed. We quote a fixed fee for drafting and sending a notice after reviewing your documents.
