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Under Section 13B(2) of the Hindu Marriage Act, 1955, there is a mandatory 6-month waiting period between the first motion and the second motion. However, the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 held that this period can be waived by the court if the marriage has irretrievably broken down and reconciliation is impossible.

The Supreme Court in Rajnesh v. Neha (2020) 14 SCC 754 laid down that maintenance under Section 125 BNSS is typically 25–30% of the payer's net monthly income. If the claimant also earns, it is reduced proportionally. Both parties must file an affidavit of assets and income. Per-child maintenance is determined separately based on State High Court circulars.

Yes. Having an income does not automatically disqualify a wife from claiming maintenance. Courts look at the disparity in income between spouses. If the husband earns significantly more, maintenance can still be awarded to maintain a comparable standard of living. The claimant's income is one factor among many, not a bar.

Section 13 of the Hindu Marriage Act, 1955 lists: adultery, cruelty, desertion for 2+ years, conversion to another religion, incurable unsoundness of mind, leprosy, venereal disease, renunciation of the world, and presumed death after 7 years of absence. Section 13B provides for divorce by mutual consent. Additional grounds available only to the wife: husband's second marriage, rape, sodomy, bestiality, and non-resumption of cohabitation after a maintenance order.

Streedhan is a woman's absolute property — gifts and valuables received before, during, or after marriage from parents, in-laws, relatives, or husband, including jewelry, cash, and property. The husband has no right over Streedhan and cannot use it without consent. The Supreme Court in Pratibha Rani v. Suraj Kumar (1985) 2 SCC 370 confirmed that the husband holds Streedhan as a trustee only. Refusing to return it constitutes criminal breach of trust under Section 406 IPC.

At minimum 6 months — the mandatory waiting period between first and second motion under Section 13B(2) HMA. In practice, 6–18 months depending on the family court's schedule. If the court waives the cooling-off period (Amardeep Singh, 2017), the process can conclude in 3–6 months. Courts in metro cities typically have longer wait times than district courts.

Typically 3–5 years in a family court, and longer if appealed to the High Court. The process involves: filing petition, service of notice on the respondent, written statement, framing of issues, evidence (examination and cross-examination), final arguments, and decree. Delays are common due to court backlogs, adjournments, and appeals. Section 21B of the HMA requires the court to dispose of divorce proceedings within 6 months, but this is rarely observed in practice.

For mutual consent divorce: joint petition, marriage certificate (original), passport-size photographs, address proof for both parties, and proof of separation if claiming 1+ year separation. For contested divorce: all of the above plus income proof, evidence of grounds (cruelty, desertion, etc.), and a list of assets for maintenance claims. Affidavits of assets and income are mandatory under Rajnesh v. Neha (2020).

Yes. You can appear as a party-in-person (self-represented litigant) in family courts. The court is required to assist unrepresented parties. However, for contested divorces involving complex issues of maintenance, custody, or property, legal representation is strongly advisable. For straightforward mutual consent divorces, many couples appear in person successfully.

Judicial separation (Section 10, Hindu Marriage Act) relieves both parties of the obligation to cohabit but keeps the marriage legally intact — neither party can remarry. Divorce dissolves the marriage entirely, allowing remarriage. Judicial separation is sometimes chosen for religious reasons or as a step before divorce. If parties remain judicially separated for 1 year, either party can use it as a ground for divorce.

Mutual consent: (1) File joint petition at the Family Court; (2) First motion — both parties appear and statement is recorded; (3) 6-month waiting period (may be waived); (4) Second motion — both reaffirm consent; (5) Court passes decree of divorce. Contested: (1) File petition; (2) Court issues notice to respondent; (3) Respondent files written statement; (4) Issues are framed; (5) Evidence is recorded; (6) Final arguments; (7) Decree. State-specific court fees and forms apply.

Yes, if at least one party is domiciled in India or is a resident of India at the time of filing. Indian courts have jurisdiction over marriages solemnised abroad under Section 1(2) of the HMA (for Hindus) and Section 1(2) of the Special Marriage Act (for civil marriages). The foreign marriage certificate must be authenticated or apostilled.