Mutual consent divorce
Both spouses agree to separate. Two motions, a settlement recorded on affidavit, and a statutory gap between them that can sometimes be waived.
Read the procedureMatters handled
Every proceeding, and the provision it runs under
Indian family law is spread across a dozen statutes that were written decades apart and do not always fit together neatly. The practical consequence is that the same dispute can be pursued under several different provisions, in different courts, with different standards of proof and very different timelines. These pages set out what each one involves.
Contested divorce
One spouse petitions on a statutory ground and the other resists. Evidence, cross-examination and a trial timeline measured in years rather than months.
Read the procedureMaintenance & alimony
Interim support during a case, permanent alimony at its end, and the parallel remedies under the BNSS, the DV Act and the Hindu Adoptions and Maintenance Act.
Read the procedureChild custody & guardianship
Custody, visitation, guardianship certificates and the welfare principle that overrides every other consideration in these petitions.
Read the procedureDomestic violence proceedings
Protection, residence, monetary relief, custody and compensation orders under the 2005 Act, and how the reliefs interact with other pending cases.
Read the procedureMatrimonial criminal defence
Anticipatory bail, regular bail, quashing petitions and the conduct of the defence in cruelty and dowry prosecutions.
Read the procedureCourt marriage & registration
Solemnisation under the Special Marriage Act, registration under the Haryana Act of 2008, and certificates in the form foreign missions accept.
Read the procedureProtection petitions
Petitions before the Punjab & Haryana High Court by adult couples and live-in partners facing threats from family, and how directions to the police actually operate.
Read the procedureNRI & cross-border matters
Recognition of foreign decrees, jurisdiction disputes, service abroad, transfer petitions and custody where one parent lives outside India.
Read the procedureAgreements & drafting
Settlement deeds, separation agreements, custody schedules, cohabitation agreements and legal notices, drafted so they survive scrutiny in court.
Read the procedureWhich statute applies to you
The applicable law depends on the form in which the marriage was solemnised and, in some matters, on the religion of the parties. This is the first question in any consultation, and it changes almost everything that follows.
| If the marriage was | Divorce and related relief lie under |
|---|---|
| Solemnised by Hindu rites (including Sikh, Buddhist and Jain parties) | Hindu Marriage Act, 1955 |
| Registered before a Marriage Officer, or between parties of different faiths who chose the civil route | Special Marriage Act, 1954 |
| Between Muslim parties | Dissolution of Muslim Marriages Act, 1939; Muslim personal law; the 2019 Act on triple talaq |
| Between Christian parties | Indian Divorce Act, 1869 and the Indian Christian Marriage Act, 1872 |
| Between Parsi parties | Parsi Marriage and Divorce Act, 1936 |
| Solemnised abroad, or with one spouse now resident abroad | Depends on domicile, the place of solemnisation and where the parties last resided together — see NRI and cross-border matters |
Certain reliefs are available regardless of religion. Maintenance under section 144 of the BNSS, protection under the Domestic Violence Act, and custody under the Guardians and Wards Act are all secular remedies open to any party.
Where these matters are heard in Gurgaon
- Family Court, Gurgaon — divorce, judicial separation, nullity, restitution of conjugal rights, maintenance under the Hindu Marriage Act, and guardianship and custody petitions. The Family Courts Act, 1984 requires the court to attempt settlement before it proceeds to trial.
- Court of the Judicial Magistrate — applications under section 12 of the Domestic Violence Act and maintenance under section 144 BNSS.
- Office of the Registrar of Marriages / Sub-Divisional Magistrate — registration under the Haryana Compulsory Registration of Marriages Act, 2008, and solemnisation before the Marriage Officer under the Special Marriage Act.
- Punjab & Haryana High Court, Chandigarh — appeals from the Family Court, quashing petitions, and protection petitions under Article 226.
Jurisdiction generally follows where the marriage was solemnised, where the parties last resided together, or where the respondent resides. Where more than one court has jurisdiction, the choice is a strategic one.