Matrimonial and Family

A matrimonial dispute is rarely one case. A divorce petition, a maintenance claim, a domestic violence application and a criminal complaint can all be running at once, in different courts. Seeing the whole map, and settling it in one go where possible, is usually the best outcome for everyone, especially the children.

What the work covers

• Divorce. Contested divorce under Section 13 of the Hindu Marriage Act, and mutual-consent divorce under Section 13B.
• Maintenance. Claims and defence under Section 144 of the BNSS (earlier Section 125 CrPC) and under personal law, with the disclosure of income the courts now require.
• Custody and visitation. Arrangements that put the child’s welfare first, under the Guardians and Wards Act.
• Domestic violence. Applications for protection, residence and monetary relief under the Domestic Violence Act, 2005.
• Connected criminal cases. Defence in cruelty and dowry cases under the Bharatiya Nyaya Sanhita, and their quashing after a settlement.

Mutual-consent divorce, step by step

1. The couple agree the terms: alimony, custody, return of streedhan, and withdrawal of other cases.
2. A joint first motion is filed before the Family Court.
3. The second motion follows after six months; the Supreme Court has held the wait can be waived in suitable cases (Amardeep Singh v. Harveen Kaur, 2017).
4. The court records statements and grants the decree.

Questions people ask

How long does a divorce take in Gurugram?

A mutual-consent divorce can take from a few weeks, where the waiting period is waived, to about seven months. A contested divorce takes much longer.

How is maintenance decided?

On the income and needs of both sides, the standard of living, and the needs of the children. Both sides file affidavits of their assets and liabilities, as the Supreme Court directed in Rajnesh v. Neha (2020).

Can the criminal case against the husband’s family be closed if we settle?

Yes. Once a settlement is made, the High Court can quash the FIR.