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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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