Family Law

You can apply for a protection order under the Protection of Women from Domestic Violence Act, 2005 by filing an application before the Magistrate. The court must dispose of it within 60 days and may grant interim relief immediately.

Yes, live-in partners in India are protected under the Protection of Women from Domestic Violence Act, 2005, which explicitly includes 'relationships in the nature of marriage'.

Yes, as a domestic violence victim in India, you have the right to reside in the shared household under the Protection of Women from Domestic Violence Act, 2005 — even if you don’t own or rent it.

Yes, dowry harassment is a legally recognized ground for divorce in India under the Hindu Marriage Act, 1955, and is also punishable as a criminal offence under Section 498A IPC.

You can file a counter-complaint for false DV allegations under Section 24 of the DV Act, seek dismissal via application under Section 23(2), and file criminal complaints for defamation or filing false information under IPC Sections 500 and 182.

Under Hindu law in India, divorce can be granted on grounds including cruelty, adultery, desertion for two years, conversion to another religion, unsound mind, leprosy, venereal disease, renunciation of the world, and presumption of death.

Yes, you can file for divorce on grounds of cruelty under Indian marriage laws, including the Hindu Marriage Act, 1955, and other personal laws.

Mutual consent divorce in India is filed jointly by both spouses under Section 13B of the Hindu Marriage Act, 1955, requiring separation for at least one year and agreement on issues like alimony and child custody.

Yes, you can file for divorce on the ground of desertion if your husband abandoned you without reasonable cause for at least two continuous years before filing.

Judicial separation is a court-ordered pause in marital cohabitation without ending the marriage, while divorce legally dissolves the marriage. It allows spouses to live apart while remaining legally married.

There is no statutory cooling-off period for mutual consent divorce in India after the 2023 amendment; courts may waive the earlier 6–18 month waiting period entirely.

A wife can claim interim maintenance during divorce proceedings under Section 24 of the Hindu Marriage Act, 1955, or Section 125 of the CrPC — amount depends on husband’s income, wife’s needs, and standard of living.

You can file an application for enforcement of the maintenance order through contempt proceedings or execution under civil procedure rules. The court may impose fines, arrest, or attach property.

Yes, a Muslim woman in India can claim maintenance after divorce under Section 125 CrPC and the Muslim Women (Protection of Rights on Divorce) Act, 1986 — including 'reasonable and fair provision' for her future.

Alimony in India is determined based on the financial capacity of the paying spouse, the needs of the dependent spouse, and factors like duration of marriage, standard of living, and conduct — not by fixed formulas but through judicial discretion.

Yes, parents in India can claim maintenance from their children, including sons, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if they are unable to maintain themselves.

Child custody in India is decided based on the 'best interests of the child', considering factors like age, welfare, parental fitness, and the child’s preference (if mature enough). Courts apply different laws depending on religion and personal law.

In India, a child aged 9 years or older can express a preference, but the court decides custody based on the child’s best interests—not the child’s choice alone.

Generally, the mother gets custody of children below 5 years, unless the court finds it contrary to the child’s welfare.

Yes, grandparents in India can seek visitation rights, but only through the Guardians and Wards Act, 1890 — and only if it's in the child’s best interest and no parent objects unreasonably.

Yes, a daughter has equal rights to ancestral property as a son under the Hindu Succession (Amendment) Act, 2005 — irrespective of whether she was born before or after the amendment.

Yes, a wife can claim a share in her husband's property on divorce, but only in certain circumstances — such as for maintenance or if she has contributed to the acquisition of the property, and subject to the applicable personal law.

Yes, a Hindu can adopt a child under the Hindu Adoptions and Maintenance Act, 1956 — but only if they meet strict eligibility criteria and follow the formal legal process.

Restitution of conjugal rights is a legal remedy allowing a spouse to petition the court for the return of the other spouse to cohabitation after they have withdrawn without reasonable cause.

Pre-nuptial agreements are not legally enforceable in India under current law, as they lack statutory recognition and are often held unenforceable by courts on grounds of public policy.