Marriage, separation and maintenance

What the law says

• Different communities are governed by different marriage laws. The Hindu Marriage Act covers Hindus, Buddhists, Jains and Sikhs. The Special Marriage Act covers inter-faith and civil marriages. Muslim, Christian and Parsi communities have their own separate laws. The details differ, but the protections below exist for everyone in some form.
• A divorce can be by mutual consent, where both partners agree to separate, or it can be contested by one side. Mutual consent is usually faster, calmer and much cheaper, because there is nothing to fight over in court. But you cannot file for it until you have been living separately for at least a year, and some of the other marriage laws ask for longer.
• Money matters are separate from the divorce itself. Either spouse can claim maintenance, which means financial support, if they have no income of their own to live on. Children and parents who cannot support themselves can also claim it. Supporting the children is the shared responsibility of both parents.
• If a child is involved, the court decides custody on one question only: what is best for the child. Any woman facing abuse at home can ask for protection under the Protection of Women from Domestic Violence Act. That includes orders to stop the abuse and orders letting her stay in the shared home.

What to do

1. 1

   Look after your safety first

   If there is violence or any threat at home, that comes before everything else. You can go to the police, a Protection Officer, or the local court for a protection order. You do not have to wait for a divorce to be safe.

2. 2

   Decide what you actually want

   Do you want to reconcile, to separate calmly, or to end the marriage? This decides everything else. If both of you broadly agree on separating, mutual consent divorce is the easiest and cheapest route, but only once you have lived separately for a year. After you file, there is a six-month wait before the second hearing, and that hearing has to happen within eighteen months of filing, or the petition lapses.

3. 3

   Collect your papers

   Keep your marriage certificate, ID, bank and income details, and anything about the children or shared property in a safe place. You will need these for maintenance, custody or any filing, and having them ready reduces the stress later.

4. 4

   Talk to a family law advocate

   Family matters almost always need a lawyer, because the law that applies depends on your community and your situation. A good advocate will tell you honestly whether mutual consent is possible, and what support and custody arrangements are realistic. Most of this is heard in the Family Court.

Your rights

Common questions

• Maintenance under Section 125 — who can claim, how much
• Mutual consent divorce in India — steps, time and cost

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