Divorce & Matrimonial

In India, divorce can be granted on grounds such as cruelty (physical or mental), adultery, desertion for 2 years, conversion of religion, unsoundness of mind, leprosy, venereal disease, renunciation of the world, or not heard of being alive for 7 years. Mutual consent divorce is also available if both parties agree.

A mutual consent divorce takes a minimum of 6-18 months (including the 6-month waiting period, which courts may waive). A contested divorce can take 2-5 years depending on the complexity of the case and court backlog.

In India, divorce can be granted on grounds such as cruelty (physical or mental), adultery, desertion for 2 years, conversion of religion, unsoundness of mind, leprosy, venereal disease, renunciation of the world, or not heard of being alive for 7 years. Mutual consent divorce is also available if both parties agree.

Yes. The Supreme Court of India has held that the 6-month cooling-off period under Section 13B(2) of the Hindu Marriage Act can be waived by the family court if the parties have genuinely settled all disputes and further delay would be harsh. Your advocate can file an application for waiver.

A mutual consent divorce takes a minimum of 6-18 months (including the 6-month waiting period, which courts may waive). A contested divorce can take 2-5 years depending on the complexity of the case and court backlog.

Judicial separation allows spouses to live separately without dissolving the marriage. The marriage remains legally valid. Divorce, on the other hand, permanently dissolves the marriage, allowing both parties to remarry. Judicial separation is sometimes sought as an intermediate step.

Yes. The Supreme Court of India has held that the 6-month cooling-off period under Section 13B(2) of the Hindu Marriage Act can be waived by the family court if the parties have genuinely settled all disputes and further delay would be harsh. Your advocate can file an application for waiver.

Courts decide child custody based on the best interest of the child. Factors considered include age, gender, attachment to each parent, educational needs, and each parent's ability to provide care. Courts generally prefer to ensure the child maintains a relationship with both parents.

Judicial separation allows spouses to live separately without dissolving the marriage. The marriage remains legally valid. Divorce, on the other hand, permanently dissolves the marriage, allowing both parties to remarry. Judicial separation is sometimes sought as an intermediate step.

Courts decide child custody based on the best interest of the child. Factors considered include age, gender, attachment to each parent, educational needs, and each parent's ability to provide care. Courts generally prefer to ensure the child maintains a relationship with both parents.