Skip to main content

Siddhik Law Chambers

Consult Now
Siddhik Law Chambers Logo

Family Law FAQ | Common Matrimonial Questions Answered

Frequently Asked Questions

Yes. A spouse can seek divorce even if the other spouse does not agree. This is generally known as a contested divorce. For marriages governed by the Hindu Marriage Act, 1955, a petition for divorce may be filed under Section 13 on legally recognised grounds such as cruelty, desertion, adultery and other grounds provided under the Act.

However, the other spouse’s refusal to consent does not automatically result in divorce. The person seeking divorce must establish the applicable legal ground before the court. The procedure and grounds may also differ depending on the law governing the marriage.

Mutual consent divorce is filed under Section 13 B of The Hindu Marriage Act and is the one where both husband and wife agree and mutually decide to seperate and end marriage upon jointly settled terms and conditions relating to child custody, alimony and maintenance etc and on contested divorce one files case against the other when the spouse has reasons to call off the marriage and the other side is not agreeing to end the marriage. It also has various specified ground and it is filed under Section 13 of The Hindu Marriage Act
 
Mutual consent: Both spouses agree.
Contested divorce: One spouse files without the other’s agreement.
It depends on case to case. It generally takes one to two years to take divorce in India
Mutual consent: Around 6 months to 1 year. Contested divorce: Usually 2–5 years or longer.

There is no fixed formula or percentage for calculating maintenance or alimony in every matrimonial case. Courts consider several factors, including the income and financial capacity of both spouses, their reasonable needs, standard of living during the marriage, existing liabilities, dependants, independent income and other relevant circumstances.

The amount may therefore vary considerably from one case to another. While courts may refer to broad benchmarks in certain cases, the final amount is determined after considering the facts and financial position of the parties.

Yes. A working spouse may still be entitled to claim maintenance if their independent income is not sufficient to reasonably support themselves, depending on the law applicable to the proceedings and the financial circumstances of both parties.

The court may consider factors such as the income and earning capacity of both spouses, their reasonable needs, liabilities, standard of living during the marriage and other relevant circumstances. Merely having a job or some independent income does not automatically disqualify a spouse from seeking maintenance.

For marriages governed by the Hindu Marriage Act, Sections 24 and 25 allow either the wife or the husband to seek maintenance or alimony, subject to the facts and circumstances of the case.

The court decides child custody keeping in view the financial status and other factors but more than that the court consider welfare of the child as paramount consideration to grant custody
Based primarily on the child’s welfare and best interests.
Yes definitely a parent can approach court seeking visitation rights and every parent has right to meet to see his or her child irrespective of the matrimonial disputes between the parties and court does not consider the marital relations between the parties when deciding custody or visitation of child

Under domestic-violence proceedings, an aggrieved person may seek immediate relief from the court depending on the facts of the case. This can include protection orders, residence-related relief, monetary relief, temporary custody of children and other appropriate interim directions.

The purpose of these proceedings is to provide prompt protection and practical relief where domestic violence is alleged. At the same time, a respondent is entitled to know the allegations made against them, obtain the relevant complaint and documents, and defend the proceedings in accordance with law.

The exact relief granted will depend on the circumstances and material placed before the court.

There is no single or fixed type of evidence required to prove cruelty, harassment or domestic violence. Such conduct often takes place within the privacy of the home, so courts generally consider the overall facts and circumstances of the case along with the material available.

Depending on the circumstances, useful evidence may include messages, emails, call or audio recordings where legally usable, photographs, medical records, police complaints, financial records, witness statements and other contemporaneous documents.

The absence of a particular document or recording does not by itself mean that cruelty or domestic violence cannot be established. The court considers the credibility, consistency and overall circumstances of the evidence placed before it.

For recovery of jewellery and personal belongings one should file a suit for recovery and not believe that it can be recovered in matrimonial cases only

FAQ Category

Recent Post

Need Legal Clarity?

For general information or appointment requests, feel free to contact Siddhik Law Chambers.

Contact Us