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Divorce & Maintenance Rights

Grounds for divorce, mutual consent process, alimony and child custody under Indian family laws.

Grounds and process

  • Grounds under Section 13 HMA include cruelty, adultery, desertion (2+ years), conversion, mental disorder.
  • Mutual consent divorce (Sec. 13B): 1-year separation, 6-18 month cooling-off (waivable).
  • Contested divorce is filed in the Family Court where marriage was solemnised or the parties last lived.

Maintenance & custody

  • Interim maintenance under Sec. 24 HMA / Sec. 125 BNSS; permanent alimony under Sec. 25 HMA.
  • Rajnesh v. Neha (2020) guidelines: income affidavits, standardised amount.
  • Child custody decided in the child's best interest; joint custody increasingly recognised.
  • Free family court mediation is available in most districts.

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This is general legal information, not legal advice. Please consult a qualified advocate for your specific situation.