Divorce Alimony & Maintenance Child Custody & Child Support Lawyer in Delhi
Divorce Alimony & Maintenance Child Custody & Child Support Lawyer in Delhi
Divorce Alimony & Maintenance Child Custody & Child Support Lawyer in Delhi
Divorce Alimony & Maintenance Child Custody & Child Support Lawyer in Delhi
Here’s a detailed guide on Divorce Laws in India under Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Civil Procedure Code (CPC), Criminal Procedure Code (CrPC), and other related acts, along with FAQs and a step-by-step filing process.
1. Divorce Laws Under Bharatiya Nyaya Sanhita (BNS), 2023
(Replaced IPC from July 1, 2024)
BNS Section
Offense
Punishment
Sec 85
Adultery (sexual relations outside marriage)
No criminal penalty (as per SC ruling in Joseph Shine v. UOI)
Sec 86
Cruelty against spouse (mental/physical abuse)
Up to 3 years imprisonment and fine
Sec 88
Domestic violence (severe physical harm to spouse)
Up to 7 years imprisonment
Sec 305
Desertion (abandoning spouse without reason)
Grounds for divorce (civil remedy)
Sec 318
Fraudulent marriage (concealment of facts like impotence)
Up to 7 years imprisonment
2. Divorce Laws Under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
(Replaced CrPC from July 1, 2024)
BNSS Section
Provision
Sec 176
Speedy trial for divorce-related criminal offenses
Sec 173
Electronic filing of charge sheets for domestic abuse cases
Sec 357
Maintenance and compensation to spouse
Sec 92
Bail provisions in matrimonial cases
3. Divorce Laws Under Civil Procedure Code (CPC), 1908
(For Divorce Proceedings & Civil Remedies)
CPC Provision
Purpose
Order 7, Rule 1
Filing of a divorce petition
Order 39, Rule 1 & 2
Courts can pass interim reliefs (maintenance, child custody)
Section 9
Civil courts have jurisdiction over divorce cases
Section 26
Filing for maintenance and alimony claims
4. Divorce Laws Under Criminal Procedure Code (CrPC), 1973
(For Maintenance & Protection Orders)
CrPC Section
Provision
Section 125
Maintenance for wife, children, and parents
Section 126
Procedure for maintenance cases
Section 128
Enforcement of maintenance orders
Section 144
Protection against domestic violence
5. Divorce Under Special Marriage Act, 1954(For inter-religious & civil marriages)
Section
Provision
Section 27
Divorce on grounds of adultery, cruelty, desertion
Section 28
Divorce by mutual consent
Section 29
Protection of rights of children in divorce
6. Divorce Under Hindu Marriage Act, 1955(For Hindus, Buddhists, Sikhs, Jains)
(Note: Instant triple talaq is banned as per the 2019 law.)
8. Divorce Under Christian Marriage Act, 1872
Grounds for Divorce
Provision
Adultery, cruelty, desertion, conversion
Grounds for divorce
2-year separation required for mutual divorce
Mandatory waiting period
9. Divorce Under Parsi Marriage & Divorce Act, 1936
Grounds for Divorce
Provision
Adultery, cruelty, desertion for over 2 years
Valid grounds for divorce
Mutual consent divorce allowed
Requires court approval
10. Landmark Judgments on Divorce Cases
1. Joseph Shine v. Union of India (2018)
Adultery (Sec 497 IPC) was decriminalized.
2. Vishaka v. State of Rajasthan (1997)
Defined sexual harassment laws, affecting divorce cases involving workplace abuse.
3. Daniel Latifi v. Union of India (2001)
Muslim women are entitled to maintenance beyond Iddat period.
4. K.S. Puttaswamy v. Union of India (2017)
Recognized right to privacy in marriage, impacting personal law cases.
11. Divorce Filing Process – Step by Step
Step 1: Consultation with a Lawyer
Choose a civil lawyer specializing in divorce cases.
Discuss grounds for divorce (mutual consent or contested).
Step 2: Filing the Divorce Petition
File a petition under CPC Order 7, Rule 1 in the Family Court.
Attach marriage certificate, proof of separation, financial statements.
Step 3: Notice to the Other Party
The court issues a notice to the spouse.
Both parties must appear before the court.
Step 4: Mediation (If Required)
Court may refer the case to mediation before proceeding with divorce.
Step 5: Recording of Statements
Both spouses present statements in court.
Step 6: First Motion Hearing (For Mutual Divorce)
Court grants a 6-month reconciliation period.
Step 7: Final Hearing (Second Motion for Mutual Divorce)
After 6 months, the court grants the divorce decree.
Step 8: Decree of Divorce
The court issues a final divorce decree, legally dissolving the marriage.
Costs Involved in Divorce in India (Including Alimony & Maintenance)
The cost of a divorce in India depends on multiple factors like lawyer fees, court fees, alimony, and maintenance. Below is a breakdown of the expenses:
1. Court Fees for Divorce Filing
Type of Divorce
Court Fees (Approx.)
Mutual Consent Divorce
₹500 – ₹2,000
Contested Divorce
₹3,000 – ₹10,000
Special Marriage Act Divorce
₹2,000 – ₹5,000
NRI Divorce Cases
₹5,000 – ₹15,000
2. Lawyer Fees for Divorce
Lawyer Experience
Mutual Divorce
Contested Divorce
Beginner (0-5 years)
₹15,000 – ₹50,000
₹50,000 – ₹2 Lakh
Experienced (5-10 years)
₹50,000 – ₹1 Lakh
₹2 Lakh – ₹5 Lakh
Senior Advocate (10+ years)
₹1 Lakh – ₹3 Lakh
₹5 Lakh – ₹25 Lakh
Mutual Divorce: Lower lawyer fees as it requires fewer hearings.
Contested Divorce: Higher fees due to lengthy legal proceedings.
Metro Cities: Legal fees are usually higher in cities like Delhi, Mumbai, Bangalore, Kolkata, Chennai.
3. Alimony & Maintenance Costs
A. Alimony (One-time Settlement)
Mutual Divorce: Negotiated between parties, usually 20-50% of spouse’s income/assets.
Contested Divorce: Court decides based on income, lifestyle, assets, and marriage duration.
Husband’s Monthly Income
Expected One-Time Alimony (Approx.)
₹50,000
₹5 Lakh – ₹10 Lakh
₹1 Lakh
₹10 Lakh – ₹20 Lakh
₹5 Lakh
₹50 Lakh – ₹1 Crore
₹10 Lakh+
₹1 Crore+ (as per court decision)
B. Monthly Maintenance (Under CrPC Section 125)
Factor
Amount (Approx.)
Working Wife
₹10,000 – ₹50,000 (if significant income gap)
Non-Working Wife
25-30% of husband’s income
Wife with Children
35-50% of husband’s income
Disabled/Ill Wife
Higher maintenance decided by court
Courts consider husband’s salary, wife’s financial dependency, children, and marriage duration.
4. Child Custody & Child Support Costs
Custodial Parent (Wife or Husband) gets Child Support from the other spouse.
Child Support: ₹5,000 – ₹1 Lakh per month depending on education, medical needs, lifestyle.
Private School & Higher Education Expenses: Shared by both parents.
5. Hidden Costs in Divorce Cases
Property Division Costs
Court may order division of joint properties, savings, mutual funds, gold, businesses.
Multiple Court Appearances
Travel & Miscellaneous Costs (₹10,000 – ₹1 Lakh per hearing).
Mental & Emotional Counseling Costs
Private therapy: ₹2,000 – ₹10,000 per session.
Key Takeaways
Mutual Divorce is Cheaper (₹50,000 – ₹2 Lakh) vs. Contested Divorce is Expensive (₹5 Lakh – ₹50 Lakh+).
Alimony is Negotiable in Mutual Divorce but court-decided in contested cases.
Maintenance is Generally 25-50% of the Spouse’s Income.
Children’s Education & Welfare Costs are Additional.
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12. Frequently Asked Questions (FAQs)
Q1: What is the minimum separation period for mutual divorce?
1 year under Hindu Marriage Act, Special Marriage Act.
2 years under Christian law.
Q2: Can a wife claim maintenance after divorce?
Yes. Under CrPC Sec 125, a wife can claim maintenance if she cannot support herself.
Q3: Is adultery a criminal offense in India?
No. The Supreme Court decriminalized adultery in Joseph Shine v. UOI (2018).
Q4: Can NRIs file for divorce in India?
Yes. NRIs can file for divorce in Indian courts if the marriage was registered in India.
Q5: What if one spouse refuses to divorce?
A contested divorce can be filed on grounds of cruelty, desertion, or adultery.
Q6: How long does a divorce case take in India?
Mutual divorce: 6 months – 1 year.
Contested divorce: 2-5 years.
Q7: Can a husband refuse to pay alimony?
No. Court orders must be followed, or action under CrPC Sec 125 is taken.
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