Divorce and Maintenance in India: The Shocking Truth Every Family Must Know

Discover the truth about divorce, maintenance, child custody, and alimony in India. A must-read legal guide for families facing separation.

When Marriages Break, What the Law Really Says

In India, marriage is considered sacred. But when trust is broken and life becomes unbearable, divorce becomes the only option. Every year, thousands of families find themselves in family courts, struggling with questions such as:

• What are my rights

• How do I protect my children

• Can I survive financially after separation

This article reveals the reality of divorce and maintenance in India, explained in a simple and practical manner.

Grounds for Divorce in India

Divorce laws differ according to personal laws, such as the Hindu Marriage Act, Muslim Personal Law, Indian Divorce Act, and the Special Marriage Act. However, the common legal grounds include:

• Cruelty, physical or mental

• Desertion, when one spouse abandons the other for two or more years

• Adultery, extra marital relationship

• Conversion, one spouse changes religion without consent

• Mental disorder, making married life impossible

• Mutual consent, where both agree to separate peacefully

Maintenance, The Financial Lifeline After Separation

Divorce is not only about ending a relationship, it is about ensuring survival and dignity. Maintenance is financial support given to a spouse, child, or parent who cannot maintain themselves.

Key provisions include:

• Section 125 BNSS (formerly CrPC 125): A wife, children, and dependent parents may claim monthly maintenance

• Hindu Marriage Act: Provides for interim and permanent alimony

• Muslim Law: Wife is entitled to mehr (dower) and support during iddat

• Special Marriage Act: Provides for maintenance both during proceedings and after divorce

Courts consider income, lifestyle, and financial capacity before fixing maintenance.

Child Custody and Visitation Rights

In custody disputes, the welfare of the child is the most important factor.

• Custody may be granted to either parent depending on education, health, and overall well being

• The non custodial parent is usually given visitation rights

• The Guardians and Wards Act, 1890 also governs custody matters

Divorce Procedure in India

The step by step process generally includes:

1. Filing of a divorce petition in the Family Court

2. Counseling or mediation, the court may attempt reconciliation before trial

3. Presentation of evidence and arguments by both sides

4. Judgment and decree of divorce if the grounds are proven

Timeframe:

• Mutual consent divorce usually takes 6 to 18 months

• Contested divorce may take 3 to 5 years or longer

Frequently Asked Questions

Q1: Can a wife claim maintenance without divorce

Yes. Section 125 BNSS allows a wife to claim maintenance even if the marriage has not ended.

Q2: How much maintenance is generally granted

The amount depends on the income, living standard, and financial needs of the spouse or children.

Q3: Can husbands claim maintenance

Yes, in certain cases where the husband is unable to earn and the wife has sufficient income.

Final Advisory

Divorce and maintenance laws in India are meant to protect dignity, survival, and fairness in family disputes. Every case is unique, and the remedies may vary depending on the circumstances. It is always advisable to understand the rights and protections available under law before taking any legal step.

Advocate Zuber Syed

advocatezubersyed@gmail.com