Frequently Asked Questions
Find reliable answers and expert insights on matrimonial disputes, divorce proceedings, domestic violence protection, maintenance, child custody, and NRI legal matters.
Divorce
My husband beats me regularly. Is that enough to file for divorce?
Yes. Physical cruelty is a ground under Section 13(1)(ia) of the Hindu Marriage Act. One serious assault or a repeated pattern both count. Keep medical records, photos with dates, police complaints, messages and witness names. You can file divorce and a DV Act case together.
My husband beat me for the first time last night. Do I have to wait before filing for divorce?
No waiting period applies to cruelty. If your marriage is under one year old, Section 14 needs the court’s leave, which is given for exceptional hardship. Get a medical examination and make a police complaint today. Evidence is strongest when fresh.
I have been beaten for years but never complained. Will the court believe me now?
Yes, delay alone does not defeat a case. Courts know many women stay for children or family. Explain why you stayed. Support your account with old hospital records, messages, things you told relatives or neighbours, and any earlier complaints. Expect cross-examination, so stay consistent.
What can I do if the Police will not register my FIR for the beating?
Any police station must register a cognizable offence, including a Zero FIR. If they refuse, send your written complaint to the DCP or SP (BNSS Section 173(4)). Next, apply to the Magistrate under BNSS Section 175(3). Also call 112 or Delhi Police 1091, and you can write to the National Commission for Women.
Is a medical report necessary to prove beating in a divorce case?
Not compulsory, but it is strong proof. Get examined at a government hospital as soon as possible and tell the doctor exactly how the injury happened. Photograph injuries with a date. For old beatings, use prescriptions, hospital slips and witness statements. If you have no report, messages and witnesses can still prove the case.
My husband beats me in front of the children. Does that matter for divorce and custody?
Yes. Violence in front of children harms their welfare, and custody is decided on the child’s welfare. You can ask for custody in the divorce case (Section 26 HMA) or temporary custody under Section 21 of the DV Act. Support it with school or counsellor records and witness statements.
My in-laws beat me and demand dowry, and my husband stays silent. Can I still divorce him?
Yes. A husband who joins in or knowingly allows the cruelty can be held guilty of cruelty himself. State exactly who did what and when. You can also file a DV Act case and a criminal complaint for cruelty (BNS Sections 85 and 86, old IPC 498A) against the in-laws.
I was thrown out of my in-laws’ house after a dowry demand. Will they say I deserted him?
They can say it, but being driven out is not desertion by you. Desertion needs you to leave without reasonable cause. Keep proof of the dowry demand and the expulsion: messages, police complaint, witnesses. File for interim maintenance under Section 24 HMA and a residence order under the DV Act.
My family gave gold and money at the wedding. Can I get it all back if I divorce him?
Your stridhan is yours alone. Dowry items must also be passed to the wife under Section 6 of the Dowry Prohibition Act. You can ask for a return through the DV Act (Section 19(8)), a complaint for criminal breach of trust (BNS Section 316), or inside the divorce case. Prepare an item list with bills, photos and videos.
His family demanded a car and cash after the wedding. What proof do I need?
Collect messages, call recordings, bank transfers, the wedding gift list, and statements from relatives or mediators who heard the demands. Demanding dowry is an offence under Section 4 of the Dowry Prohibition Act, and harassment for unlawful property demands is cruelty under BNS Section 86. Electronic proof needs a Section 63 certificate under the Bharatiya Sakshya Adhiniyam.
Giving dowry is also a crime. Will my parents get in trouble if I complain?
In law, giving dowry is an offence too (Section 3 of the Dowry Prohibition Act). But Section 7(3) says a statement made in a proceeding under the Act cannot be used to prosecute the person who made it. Gifts given freely, with no demand, are not dowry. Your lawyer should draft the complaint carefully.
They want Rs 10 lakh more or they will send me back. Should I pay to save the marriage?
Do not pay. Payment encourages more demands and does not stop violence. Record the demand, send a written complaint to the Crime Against Women Cell or police, and keep proof. If harassment continues, file a DV Act case and divorce on cruelty.
I was beaten over dowry and my family wants me home. Should I file divorce first or a police complaint first?
Safety first. Leave if needed and get a medical examination. Then file a police or CAW Cell complaint and a DV Act application for protection, residence and interim maintenance. File for divorce when you are ready. All three can run together, and nothing needs to wait for another.
He beats me only when he is drunk. Does that weaken my case?
No. Being drunk is not a defence to violence, and courts treat repeated assault as cruelty regardless. Habitual drinking with violence also supports your case. A court may suggest counselling, but you do not have to accept it. Ask for a protection order.
My Husband hit me during pregnancy and forced an abortion. What can I do?
This is serious cruelty and also a crime. Causing a miscarriage without a woman’s consent is punishable (old IPC 312 to 314, now BNS Sections 88 to 90), along with BNS Section 85 for cruelty. Get a medical report and keep records of the pregnancy. It strongly supports a divorce on cruelty.
My husband also beats our daughter. How do I protect her and still file for divorce?
Move her to safety, get a medical exam, and call Childline 1098 or the police. Cruelty to a child is cruelty to the mother and supports divorce. Ask for custody in the divorce case or under the DV Act, and ask for an order that he cannot take her away or contact her without supervision.
My husband locked me in a room and took my phone. Is that domestic violence?
Yes. Confining you is wrongful confinement (BNS Section 127, old IPC 340 to 342) and is emotional and economic abuse under the DV Act. Call 112 if you can. It also counts as cruelty for divorce. Keep any evidence of the lock, messages sent afterwards and witness details.
My husband is a police officer or influential person and threatens me. Can I get justice?
Yes. Put your complaint in writing to senior officers and the Commission for Women, and keep copies. You can ask the Magistrate for protection under the DV Act and for police protection, and the High Court can transfer or monitor an investigation if needed. Free legal aid is available from the Delhi State Legal Services Authority.
Mutual Divorce
My husband and I agreed to separate. Can we file for mutual divorce in Delhi if we married in another state?
Yes. The place of marriage does not decide this. Under Section 19 of the Hindu Marriage Act (HMA), a petition can be filed where you married, where you last lived together, or where either spouse now lives. If either of you lives in Delhi, the Delhi Family Court can hear it.
What is the six-month cooling-off period in a mutual divorce, and can the court waive it?
Under Section 13B(2) HMA, the second motion can be moved no earlier than six months and no later than 18 months after the first motion. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six months is not mandatory. A court can waive it where the separation is long, mediation has failed, all terms are settled and waiting would only prolong the distress.
We have lived apart for only eight months. Can we still file under Section 13B?
Not yet. Section 13B(1) requires at least one year of separate living before filing, and Section 14 bars petitions in the first year of marriage. The six-month wait can be waived; the one-year separation generally cannot. Living apart can include staying under one roof if you have stopped living as husband and wife. Use the time to finalise your settlement.
Do both of us have to appear in court for every hearing of our mutual divorce?
Both spouses must appear when the court records their statements on the first and second motions. Routine dates are usually handled by your lawyers. If one of you lives in another city or abroad, courts commonly allow appearance by video conferencing on application.
My spouse agreed to divorce but now refuses to sign the second motion. What can I do?
Mutual consent must continue until the decree, so the court cannot grant a mutual divorce if one spouse refuses at the second motion. You can ask for the settlement to be honoured through mediation, enforce any signed MoU as a contract, or file a contested petition on grounds such as cruelty or desertion. Your earlier statement and the period of separation will help show the breakdown.
Can I withdraw my consent after the first motion has been filed?
Yes. In Sureshta Devi v. Om Prakash (1991), the Supreme Court held that consent must exist when the decree is passed, so either spouse can withdraw before then. The court will check that the withdrawal is genuine. If you have already received money or property under the settlement, expect this to be raised against you, so take advice before withdrawing.
How are property, jewellery and stridhan settled in a mutual divorce?
Everything is written into the settlement terms that the court records. List each item: stridhan and jewellery to be returned, any lump sum or maintenance, division of joint property and loans, and custody terms. Stridhan belongs to the wife alone. Pay through bank transfer, take handover receipts, and link each payment to a stage of the case.
Can we agree on no alimony at all, and will the court accept it?
Yes. Alimony in a mutual divorce is a matter of agreement, and courts usually accept a voluntary one-time settlement or waiver. The consent must be free and informed. A spouse cannot give up a child’s right to maintenance, and a waiver by a spouse who clearly cannot support herself may be questioned later, so record the reasons.
Can we agree on no alimony at all, and will the court accept it?
Yes. Alimony in a mutual divorce is a matter of agreement, and courts usually accept a voluntary one-time settlement or waiver. The consent must be free and informed. A spouse cannot give up a child’s right to maintenance, and a waiver by a spouse who clearly cannot support herself may be questioned later, so record the reasons.
Our Hindu wedding was never registered. Can we still get a mutual divorce?
Yes. A Hindu marriage is valid if the essential ceremonies were performed; registration is evidence, not a condition (Section 8 HMA). You must prove the marriage with photos, the invitation card, and affidavits or witnesses. Delhi courts often ask for a registration certificate, so you can register the marriage first and then file.
We are a Christian couple. Which law applies to us and how long must we be separated?
The Indian Divorce Act, 1869 applies. Section 10A allows divorce by mutual consent after two years of living separately. The procedure is similar to HMA: a joint petition, then a second motion after the waiting period. If you married under the Special Marriage Act, Section 28 applies instead, with one year of separation.
What documents and settlement terms should we prepare before filing the joint petition?
Documents: marriage proof, photos, address and ID proof, income or tax records, children’s birth certificates, and any court orders or FIRs. Settlement terms: custody and visitation, maintenance or lump sum, return of stridhan, division of property, withdrawal of pending cases, payment schedule and consent to the second motion. Both spouses sign affidavits.
Can our mutual divorce hearings be held through video conferencing?
Yes. Delhi courts allow it on application, especially when a spouse lives abroad or in another city. Your identity is verified through ID documents and your lawyer, and statements are recorded on screen. The Supreme Court has also allowed parties abroad to complete mutual divorces this way.
We have been separated for many years. Can the cooling-off period be skipped?
Often, yes. File a waiver application along with the first motion, showing the length of separation, failed reconciliation attempts and the final settlement. The Family Court has discretion under Amardeep Singh (2017). If it refuses, the Delhi High Court can be approached. In rare cases the Supreme Court uses Article 142 to waive it.
Can we settle pending 498A and domestic violence cases as part of our mutual divorce?
Yes, and it is common. A DV Act case can be withdrawn or disposed of on settlement before the Magistrate. A criminal case for cruelty (BNS Section 85, old IPC 498A) is not simply withdrawn; it is usually closed by asking the Delhi High Court to quash the FIR under BNSS Section 528 (old CrPC 482). Sequence these steps in the settlement.
Contested Divorce
What are the legal grounds for a contested divorce under the Hindu Marriage Act?
Section 13(1) lists adultery, cruelty, desertion for at least two years, conversion to another religion, incurable unsoundness of mind or mental disorder, communicable venereal disease, renunciation of the world, and not being heard of as alive for seven years. Section 13(1A) adds no resumption of cohabitation for one year after a judicial separation or restitution decree. Wives have extra grounds under Section 13(2).
My wife left home two years ago and has no contact with me. Can I file for desertion?
Yes, if she has been away continuously for at least two years immediately before filing, without your consent or reasonable cause, and intends to stay away permanently. Keep proof: messages, legal notices, your attempts to bring her back and witnesses. If two years are not complete, a petition for restitution of conjugal rights is the option.
How do I prove cruelty when there were no injuries, only constant taunts and mental harassment?
Mental cruelty is enough. In Samar Ghosh v. Jaya Ghosh (2007), the Supreme Court listed examples such as sustained abuse, humiliation, false accusations, refusal of marital relations and threats. Courts look for a pattern, not one quarrel. Evidence includes messages, emails, call recordings, counselling or medical records, police complaints and witnesses.
My husband is having an affair. Is adultery enough for divorce, and what proof does the court accept?
Yes. Adultery is a ground under Section 13(1)(i) HMA. It is no longer a crime (Joseph Shine, 2018) but remains a civil ground. Direct proof is rare, so courts accept circumstantial evidence on the balance of probabilities: messages, photos, hotel or travel records, call details, witnesses and admissions.
Can I file for divorce because my spouse has a serious mental illness?
Only if the illness is serious enough. Section 13(1)(iii) HMA requires incurable unsoundness of mind, or a mental disorder of such a kind and extent that you cannot reasonably be expected to live with the spouse. You need psychiatric evidence, and the court may order an examination. Treatable depression or stress alone is usually not enough.
Can WhatsApp chats, call recordings and photos be used as evidence in court?
Yes, if properly proved. Electronic records need a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (old Section 65B). Keep the original phone and never delete or edit chats. In 2025 the Supreme Court held that a spouse’s secretly recorded conversations can be admissible in matrimonial cases, though the court still tests authenticity and relevance.
My in-laws are pressuring me to withdraw my divorce petition. Can they interfere in my case?
No. Only you, as petitioner, can withdraw the case, and only with the court’s permission. Repeated pressure or threats can be recorded as part of your complaint of cruelty. If threats are serious, report them to the police. Family mediation is fine if you choose it, but you are never bound to settle.
Where can I file my divorce petition if my spouse lives in another city?
Section 19 HMA allows filing where the marriage took place, where the other spouse lives, or where you last lived together. A wife can also file where she currently lives. A husband usually must file where the wife lives or where they last lived together. Either spouse can seek transfer to another court if travel is a real hardship.
My spouse filed a false 498A case against me and my family. How does it affect my divorce?
The criminal case runs separately, but a malicious, baseless case can itself be cruelty. In Rani Narasimha Sastry v. Rani Suneela Rani (2020), the Supreme Court granted divorce where a complaint led to the husband’s arrest and later acquittal. Seek anticipatory bail or quashing, and note that courts have cautioned against vague, omnibus allegations against in-laws.
My spouse says he will never give me a divorce and will fight for years. What are my options?
You do not need his consent in a contested case. If you prove a ground, the court can grant divorce even if he opposes. Delay tactics can be countered by following the timetable, applying for interim maintenance and custody, and asking for time-bound hearings. If he stops appearing, the court can proceed ex parte.
What is a decree of restitution of conjugal rights, and can it be used against me?
Under Section 9 HMA, a spouse who has been left without reasonable excuse can ask the court to order the other to return. The decree cannot physically force anyone to cohabit. Its practical use is that if there is no cohabitation for one year afterwards, either spouse can seek divorce under Section 13(1A). You can defend it by showing a reasonable excuse such as cruelty.
What happens at the first hearing, and will the court push us towards mediation?
The Family Court issues summons and usually refers you to mediation, because the Family Courts Act requires courts to assist settlement. Mediation is confidential and you are not forced to settle. Next come the reply, interim applications such as maintenance and custody, framing of issues, evidence and final arguments.
Can I remarry as soon as the divorce decree is passed?
No. Under Section 15 HMA you can remarry only after the time for appeal has expired without an appeal, or after any appeal is dismissed. The appeal period under Section 28 is generally 90 days. Get a certified copy of the decree and confirm with your lawyer that no appeal has been filed.
How are lawyer fees structured in a contested divorce, and are there other costs?
Fees vary with the lawyer and the complexity of the case. They are usually a professional fee for drafting plus stage-wise or per-appearance charges. Ask for a written fee agreement. Other costs include court fee, affidavits, certified copies, travel and any expert or mediation expenses. Indian professional rules do not allow a fee that depends on winning.
My spouse got an ex parte divorce decree without my knowledge. Can I challenge it?
Yes, but act fast. You can apply under Order 9 Rule 13 CPC within 30 days to set the decree aside, showing summons were not properly served or you had sufficient cause for absence. You can also appeal under Section 28 HMA within 90 days. Evidence of a wrong address or misuse of newspaper service helps.
Can I file for divorce within one year of marriage if the relationship has become unbearable?
Only with the court’s leave. Section 14 HMA bars petitions in the first year unless the court finds exceptional hardship to you or exceptional depravity by the spouse. File an application with an affidavit and proof. Meanwhile, protection under the DV Act and annulment under Section 12 are not blocked by this rule.
Domestic Violence
My husband beats me but I have no visible injuries. Can I still file a case under the DV Act?
Yes. The Protection of Women from Domestic Violence Act, 2005 covers physical, sexual, verbal, emotional and economic abuse, and visible injury is not required. Your own statement is evidence. Support it with messages, a medical consultation record, neighbours’ statements or a police complaint, and apply to the Magistrate through a lawyer or Protection Officer.
Can I continue to live in my matrimonial home while the case is going on?
Yes. Section 17 gives you the right to reside in the shared household whether or not you own it, and you cannot be thrown out except by due process of law. Under Section 19 the Magistrate can restrain dispossession, order the abuser to leave, or direct alternate accommodation or rent.
What is a protection order, and how quickly can the Magistrate grant it?
Under Section 18, a protection order stops the abuser from committing violence, contacting you, entering your workplace or your children’s school, or touching your bank accounts and assets. The Magistrate should fix the first hearing within three days and try to decide within 60 days, and can pass interim or ex parte orders under Section 23.
Do insults, threats and controlling behaviour count as domestic violence?
Yes. Section 3 includes verbal and emotional abuse such as insults, humiliation, name-calling, taunts about dowry or not having a son, threats, and stopping you from meeting family or working. Keep a dated record of incidents and save messages and recordings.
My husband controls all the money and gives me nothing for household expenses. Is that economic abuse?
Yes. Economic abuse includes denying money for food, clothing and medicines, controlling your salary, stopping you from working, and selling your stridhan or shared assets. The Magistrate can grant monetary relief under Section 20, order return of stridhan under Section 19(8), and bar him from alienating assets.
Can I file a DV complaint against my mother-in-law and sister-in-law as well?
Yes. In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court held that women can also be respondents under the Act. Name them only with specific allegations of what each person did, because courts discourage general, blanket accusations against the whole family.
What is the difference between a DV Act complaint, an FIR for cruelty and a divorce case?
A divorce case ends the marriage. A DV Act case is a civil remedy before a Magistrate for protection, residence, money and custody, with punishment only if an order is breached. An FIR for cruelty (BNS Sections 85 and 86, old IPC 498A) is a criminal case that can lead to arrest and trial. They can run together.
What should I do in the first hour after being assaulted at home?
Get to safety first: a neighbour, a relative or a police station. Call 112 (emergency), 181 (Women Helpline) or Delhi Police 1091. Go to a government hospital for a medical examination and ask for the report, photograph injuries, and keep torn clothes and messages. Take your ID, phone, money and your child’s documents, and sign nothing.
Can I get a protection officer or a shelter home if I have nowhere to go?
Yes. A Protection Officer helps you file the Domestic Incident Report, arranges medical aid and legal help, and can place you in a shelter home. Ask at the district court, call 181, or approach a One Stop Centre (Sakhi). The Magistrate can also direct a shelter home to accept you.
What evidence should I collect for a DV case: medical reports, messages, photos?
Collect medical or MLC reports, photos of injuries, threatening messages and recordings, emails, bank statements showing denial of money, police complaints or DD entries, and names of witnesses. Back up everything digitally and keep proof of marriage. A dated personal diary of incidents helps too.
I have already moved back to my parents’ house. Can I still file a DV case?
Yes. The Act protects a woman who has lived in a shared household at any time, even if she has since left. You can file before the Magistrate where you now live (Section 27). Ongoing harassment, threats or non-payment of maintenance after you left strengthens the case.
My husband threatens to take my child if I complain. Can the court protect my custody?
Yes. Under Section 21 the Magistrate can grant temporary custody to you and regulate visits, and a protection order can bar him from removing the child. Ask for an order that the child stays in your care and is not taken out of Delhi or from school, and keep the child’s documents safe.
My wife abuses and humiliates me. Can a man file a case for domestic violence?
The DV Act protects women only. A man can file a police complaint for offences such as assault or criminal intimidation, which are gender-neutral under the BNS, seek protection orders, and use cruelty as a ground for divorce. Preserve messages, recordings and medical records.
What happens if my husband breaks the protection order?
Breach is a criminal offence under Section 31, punishable with imprisonment up to one year, a fine up to Rs 20,000, or both. The offence is cognizable and non-bailable. Report it to the police and the Protection Officer, and apply to the Magistrate to take action.
Can I claim compensation for medical bills and lost earnings in a DV case?
Yes. Section 20 monetary relief covers loss of earnings, medical expenses, loss from destruction or removal of property, and maintenance for you and your children. Section 22 allows separate compensation for mental torture and emotional distress. Keep all bills and income proof.
Do I have to face my husband in court, and can the hearing be kept private?
Section 16 allows the Magistrate to hold proceedings in camera. You can ask for protective arrangements: appearing through video conferencing, a separate waiting area, or him being kept at a distance. You will normally attend with your lawyer, and the court can involve a counsellor to support you.
Maintenance & Alimony
I am a housewife with no income. How much maintenance can I claim from my husband?
There is no fixed formula. The court looks at his income and assets, your reasonable needs, the standard of living in the marriage, your children and his liabilities. Courts have treated about one-fourth of the husband’s net income as a reasonable starting point (Kulbhushan Kumar v. Raj Kumari, 1970), but it is not a rule. Not earning does not reduce your claim.
How do Delhi courts decide the amount of maintenance?
The Supreme Court’s guidelines in Rajnesh v. Neha (2020) apply. Courts weigh the status of both parties, the needs of the wife and children, qualifications and earning capacity, property, the marriage’s standard of living, and litigation costs. Both sides must file an affidavit of assets and liabilities, and maintenance runs from the date of the application.
Can I get interim maintenance while my divorce case is still pending?
Yes. Section 24 HMA allows interim maintenance and litigation expenses to a spouse without sufficient independent income. Apply along with your petition or reply. The law says such applications should, as far as possible, be decided within 60 days of notice. You can also claim under BNSS Section 144 (old CrPC 125) or the DV Act.
My husband says he is unemployed. Can the court still order maintenance?
Yes. A husband who is able-bodied and capable of earning cannot avoid his duty by claiming unemployment. Courts look at qualifications, past jobs, bank statements and lifestyle, and can fix maintenance on his earning capacity. Shamima Farooqui v. Shahid Khan (2015) is a Supreme Court example.
I have a job and earn a salary. Can I still claim maintenance?
Yes, if your income is not enough to maintain the standard of living you had in the marriage. The court compares your actual income with your reasonable needs and may order a top-up. If you are qualified but not actually earning, courts do not automatically refuse maintenance. Disclose your income honestly.
What is the difference between maintenance under Section 125 CrPC, the Hindu Marriage Act and the DV Act?
BNSS Section 144 (old CrPC 125) is a quick criminal-court remedy for wives, children and parents, open to all religions. HMA Sections 24 and 25 give interim and permanent maintenance to either spouse in a matrimonial case. The DV Act (Section 20) gives monetary relief to an abused woman. Courts adjust orders so you are not paid twice.
My husband has stopped paying court-ordered maintenance. How do I enforce the order?
File an execution petition to attach his salary, bank accounts or property, or ask for salary deduction through his employer. Under BNSS Section 144, the Magistrate can issue a warrant and sentence him to up to one month in jail for each month of default; apply within one year of the amount falling due. Wilful disobedience can also be treated as contempt.
What financial documents will I need, and what if my husband hides his income?
As per Rajnesh v. Neha, both parties file an affidavit of assets, income and liabilities. Keep ITRs, Form 16, salary slips, bank and credit-card statements, property papers and business records. If income is hidden, ask the court to summon bank and employer records. Courts can draw adverse inferences, and false affidavits can attract action for perjury.
Can permanent alimony be a lump sum instead of monthly payments?
Yes. Section 25 HMA allows a gross sum or a monthly or periodic payment. A lump sum is common in settlements and ends future claims. Make sure it accounts for inflation, your housing and your children’s expenses, and ask for payment by bank transfer or in stages tied to court dates.
Does my maintenance stop if I remarry or live with someone else?
On remarriage, permanent alimony can be modified or cancelled by the court (Section 25(3) HMA). Under the maintenance law for wives, an order can be cancelled if she is living in adultery. Your former spouse must apply, and the court decides on evidence, so payments do not stop automatically.
Can my husband ask the court to reduce maintenance later if his salary falls?
Yes. Section 25(2) HMA lets the court vary or cancel an order if circumstances change materially, such as job loss, serious illness or new dependants. He needs proof, and the old order continues until the court changes it. Arrears that built up in the meantime remain payable.
How is child support calculated, and does it cover school fees and medical costs?
Both parents are responsible. Courts consider the child’s age, school fees, medical needs, activities and the family’s standard of living, then divide the cost according to each parent’s means. The parent with custody also contributes. Keep fee receipts and a monthly expense list to support your claim.
Can I claim maintenance for a child above 18 or for a disabled child?
BNSS Section 144 covers an adult child who cannot maintain himself because of a physical or mental abnormality or injury. A Hindu unmarried daughter can claim maintenance from her father until marriage under Section 20 of the Hindu Adoptions and Maintenance Act (Abhilasha v. Prakash, 2020). For higher education of adult children, courts decide on the facts.
Can I claim maintenance if I left the matrimonial home on my own?
It depends on why you left. Under the maintenance law for wives, no maintenance is due if she refuses to live with her husband without sufficient reason. Leaving because of cruelty, dowry demands or abuse is a sufficient reason. Document the reasons, and note that the HMA provisions have no such automatic bar.
I lost my job due to illness. Can I ask my wife for interim maintenance?
Possibly. Sections 24 and 25 HMA apply to both spouses equally. You must show that you have no independent income enough to support yourself and cannot work, and that she can pay. Courts grant this in genuine cases, but the standard of proof for a husband is higher. BNSS Section 144 is not available to husbands.
Do I have a share in my husband’s property after divorce, or only maintenance?
Indian law has no automatic share in a spouse’s property after divorce. You keep your stridhan, and you can claim property that is in joint names or that you paid for. Courts may take his assets into account while fixing alimony, sometimes ordering a house or lump sum in place of monthly payments.
Child Custody & Visitation
Who usually gets custody of a child below five years, the mother or the father?
Under Section 6 of the Hindu Minority and Guardianship Act, custody of a child under five should ordinarily be with the mother. After five there is no automatic preference. In every case the deciding test is the child’s welfare under Section 17 of the Guardians and Wards Act, 1890 (Gaurav Nagpal v. Sumedha Nagpal, 2009).
Can a father get custody if the mother works long hours and cannot give the child time?
Yes, if he shows that the child’s welfare is better served with him. A working mother is not disqualified. Courts compare stable care, time, emotional bond, school routine, home environment and health. A father should present a concrete caregiving plan, not just complaints about the mother.
How does the court take a child’s wishes into account, and at what age?
Section 17(3) of the Guardians and Wards Act lets the court consider the preference of a child old enough to form an intelligent opinion. No fixed age is set. Judges often speak to older children privately and weigh maturity and any sign of coaching. The preference is considered, not binding.
What is joint custody, and do Indian courts actually grant it?
Joint custody means both parents share responsibility and time. The Supreme Court endorsed shared parenting in Vikram Vir Vohra v. Shalini Bhalla (2010). In practice, courts grant it when parents can cooperate and live close by. More often they give primary residence to one parent and liberal visitation and shared decision-making to the other.
My wife took our son to her parents’ house and will not let me see him. What can I do?
Send a legal notice, then file for custody or visitation in the Family Court under the Guardians and Wards Act, and ask for interim access. In urgent cases of illegal detention, a habeas corpus petition can be filed in the High Court. Keep records of your attempts to meet the child.
How often can I meet my child under visitation rights, and can it be supervised?
It depends on the child’s age and the distance. Common orders give alternate weekends or fixed days, holiday time and video calls. If there are safety concerns, the court can order supervised visits at a neutral place, such as a court-annexed child-friendly space, and increase time gradually.
Can I take my child out of Delhi or abroad without the other parent’s consent?
It is risky. Moving a child without consent can count against you in a custody case, and passport rules generally need both parents’ consent for a minor. If you fear the other parent may take the child away, ask the court for an injunction. To relocate, get written consent or the court’s permission.
My spouse is turning my child against me. Can the court act on parental alienation?
Yes. Courts accept that alienation harms a child’s welfare. You can apply for strict visitation orders, child counselling, or a change of custody in serious cases. Keep proof such as refused meetings, messages and the child’s changed behaviour. A psychologist’s report can help, and the judge may speak to the child.
Can a parent with a history of violence or addiction be denied visitation?
Yes. Courts can restrict visitation to supervised meetings, bar overnight stays or suspend access if the child’s safety is at risk. You need evidence such as FIRs, medical records, DV Act orders or rehab and test reports. The court’s priority is the child’s safety, not the parent’s rights.
How do I file a guardianship petition under the Guardians and Wards Act?
File in the Family Court where the child ordinarily lives. State the child’s details, your relationship, why the order is needed and how it serves the child’s welfare. Attach the birth certificate, ID and address proof, school records, marriage proof and income documents. The court issues notice, hears both sides and can grant interim custody.
Can a custody order be changed later if circumstances change?
Yes. Custody orders are never final. Under Section 26 HMA and the Guardians and Wards Act, the court can modify an order if the child’s welfare requires it, for example after relocation, neglect, a serious health change or the child’s own changed wishes. File an application with proof of the change.
My ex-spouse has remarried. Does that affect my custody rights?
Remarriage alone does not take away anyone’s custody rights. The court asks whether the new household is stable and safe for the child. It does not reduce the biological parent’s duty to maintain the child. Raise specific concerns, such as ill-treatment or neglect, with evidence.
Can grandparents claim custody or visitation rights?
There is no automatic right, but grandparents can apply. Courts have granted visitation where the bond benefits the child, and custody mainly when the parents are absent, deceased or unfit. Parents’ rights come first, and the child’s welfare decides.
I am an unmarried mother. Can I be the sole guardian without naming the father?
Yes. In ABC v. State (NCT of Delhi) (2015), the Supreme Court held that an unmarried mother can be the sole guardian of her child without notice to the father. File a guardianship petition if needed. A father’s name is not mandatory for documents such as the birth certificate or passport.
Will my child have to come to court and speak to the judge?
Not necessarily. Judges usually meet older children in chambers, or the court uses a counsellor, in a child-friendly setting and not in open court. The child is not treated as a witness. Do not coach the child, because courts notice it and it can harm your case.
How can I enforce a custody or visitation order if the other parent ignores it?
File an execution application or a contempt petition. The court can issue notice, fine or jail the parent for contempt, order the child to be handed over, change custody or reduce the defaulting parent’s access. In urgent cases of illegal retention, a habeas corpus petition can be filed in the High Court.
NRI Divorce
My husband is in the US and left me in India soon after the wedding. Where can I file my case?
A wife can file in the Family Court of the place where she lives in India (Section 19 HMA). You can also claim maintenance, file a DV Act complaint and, if cruelty or dowry harassment occurred, a criminal complaint. Passport impounding and a Look Out Circular can be sought against an absconding spouse.
Can I file for divorce in India if my spouse is a citizen of another country?
Usually, yes. Citizenship is not the test. Indian courts look at the law governing the marriage and whether they have jurisdiction, such as marriage in India, the last place of living together, or residence of the petitioner in India. Notice must be served properly on the spouse abroad.
My NRI husband obtained a divorce abroad while I was in India. How do I challenge it?
A foreign decree binds in India only if the foreign court had jurisdiction, decided on merits, followed natural justice and Indian law, and was not obtained by fraud (Section 13 CPC; Y. Narasimha Rao v. Y. Venkata Lakshmi, 1991). File in an Indian Family Court for a declaration that the decree is not valid, and claim maintenance and other relief.
How can court notice be served on a spouse who lives abroad?
The court can send summons through the Ministry of External Affairs or the Indian embassy. Courts also allow courier, email or WhatsApp service when the court orders it. Serve his last known Indian address too. Keep delivery proof, because weak service can lead to a decree being challenged later.
Can I attend my court hearings by video conferencing from abroad?
Yes. Courts in Delhi allow video conferencing on application. Expect to show your passport for identity, to have your lawyer in India handle other formalities, and to schedule around time zones. Statements in some stages, such as mutual divorce, can be recorded this way with the court’s permission.
Can the court stop my NRI husband from leaving India, or can his passport be impounded?
Yes, in suitable cases. The court can restrain a spouse from leaving until maintenance or settlement is secured, and a Look Out Circular can be requested. The Passport Authority can impound a passport under the Passports Act, 1967. Courts require proof of a real risk that he will flee.
How do I claim maintenance from a husband who works abroad?
File in India under BNSS Section 144, HMA Section 24 or the DV Act, where you live. The order can be enforced against his assets, bank accounts or salary in India. Abroad, enforcement is easier in countries India treats as reciprocating territories (for example the UK, Singapore and UAE). Elsewhere you may need to file a fresh case there.
Can I get my husband’s foreign income and assets considered in alimony?
Yes. The court looks at his total capacity to pay, including foreign salary, property and accounts. Disclose what you know, such as employer, visa, tax returns and property details, and ask the court to direct him to file a full affidavit. Indian assets can be attached directly.
My NRI husband has married a second time. What legal action is available?
A second marriage while the first subsists is void for Hindus (Section 11 HMA) and bigamy is punishable with up to seven years under BNS Section 82 (old IPC 494). You can file an FIR, seek maintenance and divorce, and ask for a Look Out Circular. Keep the second marriage proof such as photos, certificates or social media posts.
I live abroad and my wife filed a false case in India. Do I have to return to India to fight it?
Not always, but ignoring the case is dangerous. Your lawyer can seek exemption from personal appearance and attendance by video conferencing. If you stay absent, the court can issue warrants or declare you a proclaimed offender, and your passport can be impounded. A settlement or an application to quash the FIR may be options.
My child was taken abroad by the other parent. How can I bring the child back?
India is not a party to the Hague Convention on child abduction. Indian courts decide by the child’s welfare and consider foreign orders under the principle of comity (Nithya Anand Raghavan v. State, 2017). You can seek custody orders in India, but you will usually also need to file in the country where the child now lives. Act quickly.
Can I complete a mutual divorce without travelling to India by using a Power of Attorney?
Partly. Courts have allowed parties abroad to take part by video conferencing and to appoint an attorney for procedural steps. The court generally still needs to be satisfied of your free consent, which is done by recording your statement on screen or on your appearance. A Power of Attorney alone is rarely enough.
