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Guides & FAQs · Matrimonial & Family
Matrimonial, domestic violence and maintenance
Divorce, maintenance and protection from domestic violence are dealt with under different laws, often in parallel. This guide outlines the usual routes for parties governed by the Hindu Marriage Act, 1955.
Published by Master Legal Work · Sources and use of this guide
Stage by stage
Mediation and counselling
Family courts usually refer parties to counselling or mediation before the case proceeds.
Divorce petition
Divorce may be sought on grounds such as cruelty or desertion (s.13 HMA), or by mutual consent (s.13B HMA). The six-month waiting period under s.13B(2) is not mandatory and may be waived in suitable cases.
Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, Supreme Court of India, decided 12.09.2017 · Hindu Marriage Act, 1955
Interim maintenance
Maintenance during the case may be claimed under s.24 HMA, under s.144 BNSS (s.125 CrPC), and under the Domestic Violence Act. Both parties must file an affidavit disclosing their assets and liabilities.
Rajnesh v. Neha, AIR 2021 SC 569, Supreme Court of India, decided 04.11.2020 · Hindu Marriage Act, 1955 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Protection of Women from Domestic Violence Act, 2005
Domestic violence relief
A woman may apply under s.12 of the Domestic Violence Act for protection, residence, monetary relief and custody orders (ss.18 to 22). The right to reside in the shared household is protected (s.17).
Satish Chander Ahuja v. Sneha Ahuja, AIRONLINE 2020 SC 784, Supreme Court of India, decided 15.10.2020 · Protection of Women from Domestic Violence Act, 2005
Evidence and decision
Each side leads evidence. The court decides on the evidence and the law; no outcome can be predicted in advance.
Appeal
Appeals lie under the Family Courts Act / s.28 HMA within the time allowed.
What to prepare
- Write a dated timeline of the marriage and the key events.
- Gather proof of income and expenses (salary slips, ITRs, bank statements) for the affidavit of assets and liabilities.
- Keep medical records and police complaints, if any.
- Avoid posting about the case on social media.
Documents to keep ready
- Marriage certificate or proof of marriage
- Photographs and invitation (if no certificate)
- Income documents and ITRs
- Bank statements
- Children's school and medical records
- Earlier complaints and orders
Frequently asked questions
Can mutual-consent divorce happen before six months?
The Supreme Court in Amardeep Singh held that the six-month period under s.13B(2) HMA is directory and can be waived in appropriate cases.
What is the affidavit of disclosure?
In Rajnesh v. Neha the Supreme Court required both parties in maintenance cases to file an affidavit disclosing their assets and liabilities in a set format.
Can I claim maintenance in more than one case?
Claims may be made under different laws, but the court takes into account maintenance already awarded in another proceeding (Rajnesh v. Neha).
Can I stay in the matrimonial home?
Under s.17 of the Domestic Violence Act a woman has a right to reside in the shared household; the Supreme Court discussed its scope in Satish Chander Ahuja.
Official sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
- Protection of Women from Domestic Violence Act, 2005 (India Code)
- Hindu Marriage Act, 1955 (India Code)
- Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, Supreme Court of India, decided 12.09.2017 (Indian Kanoon)
- Rajnesh v. Neha, AIR 2021 SC 569, Supreme Court of India, decided 04.11.2020 (Indian Kanoon)
- Satish Chander Ahuja v. Sneha Ahuja, AIRONLINE 2020 SC 784, Supreme Court of India, decided 15.10.2020 (Indian Kanoon)
General information only, not legal advice. Statutory references show BNSS / BNS / BSA with the earlier CrPC / IPC / Evidence Act where relevant. Check the precise commencement notification and savings: pending proceedings may remain governed by the earlier procedural law, and the offence date determines the applicable substantive penal law. Judgments are linked as reported; check the full text and any later decisions. Last reviewed 9 October 2026.
Discuss your own matter
Consultations by appointment: in person, by telephone, on WhatsApp or by video call. Your documents can be studied before the meeting.
Related model formats
Mutual Consent Divorce · Maintenance 144 · Domestic Violence 12
Read the factual and evidence prompts, filing checks and separate authority notes. Adapt the format to the actual facts and governing law before use.