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Divorce Cases

Mutual consent and contested divorce, alimony and custody under Hindu, Muslim, Christian and special marriage laws.

Family & Matrimonial · Lucknow

Where both spouses agree, divorce by mutual consent is usually the quickest route. Under Section 13B of the Hindu Marriage Act the spouses must have lived separately for at least a year; the court may waive the six-month waiting period in suitable cases.

Where one spouse does not agree, a contested divorce may be sought on grounds such as cruelty, desertion for two years, adultery or conversion. We also advise on divorce under the Special Marriage Act, the Divorce Act (for Christians) and Muslim personal law, and on alimony and custody alongside it.

When you may need this

  • You and your spouse have agreed to separate
  • Your spouse will not agree to a divorce
  • You need to settle alimony and custody
  • Your spouse lives abroad
  • You have been served with a divorce petition

How we handle it

  1. We understand your situation and preferred outcome
  2. We negotiate settlement terms where possible
  3. We file the petition before the Family Court
  4. We represent you through the hearings
  5. We ensure the decree and settlement terms are complied with

Documents to bring

  • Marriage certificate and wedding photographs
  • Address and identity proof
  • Proof of separate residence, if available
  • Income tax returns or salary details
  • Details of children and assets

Questions about Divorce Cases

How long does a mutual consent divorce take in India?

Ordinarily at least six months from the first motion, since the second motion is moved after six months. The court can waive this period in suitable cases, and the second motion must be moved within 18 months of the first.

Do we need to live in separate houses for one year?

Not necessarily. The requirement is that the spouses have not been living together as husband and wife for at least one year before filing.

Can a husband also claim maintenance?

Under Sections 24 and 25 of the Hindu Marriage Act, either spouse can claim maintenance from the other, depending on their income and circumstances. Maintenance under Section 144 BNSS, however, can be claimed by a wife, children and parents.

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