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Personal, Family & Injury

Divorce

Divorce by mutual consent or on statutory grounds, and settlement of maintenance, custody and belongings.

DLP's chamber: No. 548, A Block, High Court, Lucknow

What the law says

Divorce law depends on the parties' personal law: for Hindus, Buddhists, Jains and Sikhs, the Hindu Marriage Act, 1955; for marriages under it, the Special Marriage Act, 1954; and separate laws for Muslims, Christians and Parsis. Under the Hindu Marriage Act, a divorce may be sought on grounds such as cruelty, desertion or adultery (Section 13), or by mutual consent (Section 13B), where the court can in suitable cases waive the waiting period. Indian law has no general rule that property is divided equally; each spouse keeps their own property, stridhan belongs to the wife, and the court can award permanent alimony. Cases in Lucknow are heard by the Family Court.

Consultation

Speak to the chamber.

Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.

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Frequently Asked Questions

How does divorce by mutual consent work?

Both spouses file a joint petition stating they have lived separately and agree to divorce. After the first motion, a second motion follows after the statutory period, which the court may waive in suitable cases. Terms on alimony, custody and belongings are usually recorded.

Is property split equally?

No. India has no general community-property rule. Each spouse keeps property in their own name, stridhan belongs to the wife, and property jointly given at the marriage can be dealt with under Section 27 of the Hindu Marriage Act. Financial support is handled through maintenance and alimony.

How is child custody decided?

The welfare of the child is the paramount consideration. The court looks at the child's age, needs, schooling and wishes where the child is old enough, and can grant custody to one parent with visitation to the other, or shared arrangements.

What happens in a contested divorce?

One spouse files on a statutory ground and the other responds. The Family Court first refers the parties to counselling or mediation, and if that fails the matter goes to evidence and arguments.

Attorneys Handling This Service

Arvind Patel

Associate Advocate

Lucknow Bar

Languages: English, Hindi, Urdu

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