Matrimonial and Family Law
Divorce, judicial separation, maintenance, child custody, domestic violence and related proceedings before Family Courts, High Courts and the Supreme Court.
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What this case type involves
Family law in India is governed by personal laws — the Hindu Marriage Act 1955 for Hindus, Buddhists, Jains and Sikhs; the Special Marriage Act 1954 for civil and inter-faith marriages; Muslim personal law together with the Dissolution of Muslim Marriages Act 1939; the Indian Divorce Act 1869 and Indian Christian Marriage Act 1872 for Christians; and the Parsi Marriage and Divorce Act 1936 — alongside secular statutes such as the maintenance provisions of the Bharatiya Nagarik Suraksha Sanhita 2023, the Protection of Women from Domestic Violence Act 2005 and the Guardians and Wards Act 1890.
Family Courts established under the Family Courts Act 1984 have exclusive jurisdiction over matrimonial and custody matters in the districts where they exist, and follow a conciliation-first procedure. Appeals lie to the High Court, and the Supreme Court is approached by special leave; the Supreme Court also exercises its power under Article 142 to dissolve marriages that have irretrievably broken down and to transfer matrimonial cases between States.
Jurisdiction and the right court
Petitions under the Hindu Marriage Act are filed in the District Court (or Family Court) within whose jurisdiction the marriage was solemnised, the respondent resides, the parties last resided together, or — where the petitioner is the wife — where she is residing (‘Section 19, Hindu Marriage Act 1955’). Family Courts have exclusive jurisdiction over matters listed in ‘Section 7, Family Courts Act 1984’.
Maintenance under Section 144 BNSS may be claimed where the wife resides, where the husband resides, or where they last resided together. Domestic violence complaints are filed before the Judicial Magistrate of the first class under Section 12 of the 2005 Act.
Key legal provisions
Provisions are quoted by section and Act. The notes paraphrase their effect; always read the current text of the statute before relying on it.
‘Section 13, Hindu Marriage Act 1955’
grounds for divorce — adultery, cruelty, desertion for two years, conversion, mental disorder, and others.
‘Section 13B, Hindu Marriage Act 1955’
divorce by mutual consent after one year of separation, with a second motion after six months (waivable in appropriate cases — Amardeep Singh v. Harveen Kaur (2017)).
‘Section 24, Hindu Marriage Act 1955’ and ‘Section 25, Hindu Marriage Act 1955’
interim maintenance and litigation expenses during proceedings; permanent alimony at or after decree.
‘Section 144, Bharatiya Nagarik Suraksha Sanhita 2023’
maintenance of wives, children and parents unable to maintain themselves (formerly Section 125 CrPC).
‘Section 12, Protection of Women from Domestic Violence Act 2005’
application to the Magistrate for protection, residence, monetary and custody orders.
‘Section 26, Hindu Marriage Act 1955’ and ‘Section 7, Guardians and Wards Act 1890’
custody and guardianship of children; the welfare of the child is paramount.
‘Section 85, Bharatiya Nyaya Sanhita 2023’
cruelty to a woman by husband or his relatives (formerly Section 498A IPC).
‘Section 28, Hindu Marriage Act 1955’ and ‘Section 19, Family Courts Act 1984’
appeals from decrees and orders to the High Court.
Filing procedure, step by step
- 1Attempt reconciliation or mediation; Family Courts are required to make efforts at settlement before trial (Section 9, Family Courts Act 1984).
- 2File the petition with the marriage certificate or proof of marriage, photographs, and an affidavit of assets and liabilities as directed by the Supreme Court in Rajnesh v. Neha (2020) for maintenance cases.
- 3Move interim applications — for maintenance pendente lite, interim custody or visitation, and protection orders — at the outset.
- 4Evidence is led by affidavit and cross-examination; in mutual-consent divorce, both parties appear for the first motion and again for the second motion after the cooling period.
- 5Appeal to the High Court within 90 days of the decree under the Hindu Marriage Act (30 days under the Family Courts Act); thereafter Special Leave Petition to the Supreme Court.
Limitation periods
- No limitation for filing divorce or maintenance petitions, but a divorce petition is ordinarily not entertained within one year of marriage (Section 14, Hindu Marriage Act 1955).
- Mutual-consent divorce: parties must have lived separately for at least one year; the second motion is made between six and eighteen months after the first (Section 13B(2)).
- Appeal under Section 28 of the Hindu Marriage Act 1955: 90 days from the decree. Appeal under Section 19 of the Family Courts Act 1984: 30 days.
- Special Leave Petition to the Supreme Court: 90 days.
Limitation is computed under the Limitation Act 1963 and the specific statute; the time taken to obtain certified copies is generally excluded. Verify the applicable period with counsel before filing.
Documents you will need
- Marriage certificate or proof of marriage (invitation card, photographs)
- Children's birth certificates and school records
- Income proof — salary slips, ITRs, bank statements — and the affidavit of assets and liabilities
- Evidence of cruelty or desertion — medical records, messages, complaints, witnesses
- Address proof establishing jurisdiction
- Any existing orders — maintenance, protection, custody, FIR
Practical tips for litigants
- Keep children out of the conflict; courts view attempts to alienate a child from the other parent very seriously.
- Full and honest disclosure in the assets affidavit is mandatory — concealment attracts adverse orders.
- Multiple parallel proceedings (divorce, Section 144 BNSS, domestic violence, Section 85 BNS complaint) are common; coordinate them so that inconsistent statements are not made.
- The Supreme Court can transfer a matrimonial case to the wife's place of residence; a transfer petition under Section 25 CPC is the route.
Subcategories in this area
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