For divorce, maintenance, or child custody -- three legally separate reliefs, filed before the Family Court (or, where none exists, the District Court).
1. Identify which relief you actually need.
Divorce is filed under your personal law (e.g. Hindu Marriage Act 1955 s.13 contested, or s.13B mutual consent; Special Marriage Act 1954). Maintenance and custody can be sought independently of, before, or alongside a divorce.
2. Confirm whether your city has a notified Family Court.
Mandatory for any city over 1 million population, optional elsewhere -- where none exists, the ordinary District Court exercises the same power. A wife may generally file where the marriage happened, where the couple last lived together, or where she currently resides.
3. Mutual-consent divorce: file the first motion jointly.
Both spouses jointly state they've lived separately for a year or more and mutually agree to end the marriage, with a signed settlement on alimony, custody, and property -- accompanied by a marriage certificate and ID proof.
4. Wait through the statutory interval, or apply to waive it.
Six to eighteen months after the first motion, both parties confirm consent again for the second motion. The Supreme Court (Amardeep Singh v. Harveen Kaur, 2017) held this period can be waived where the couple has already lived apart long enough, mediation has genuinely failed, and a real settlement is on record.
5. Contested divorce: file, get it served, and go through mediation, then trial.
The court must first attempt reconciliation/mediation under s.9 of the Family Courts Act before proceeding to framing issues, recording evidence, cross-examination, and final arguments -- commonly running 1-3+ years.
6. File a maintenance application if support is needed.
Under BNSS s.144 (the identically-worded successor to the old CrPC s.125, effective 1 July 2024), a spouse, minor/disabled child, or indigent parent can apply before a Magistrate or the Family Court for a monthly maintenance order, including interim maintenance pending final disposal.
7. File a separate custody petition if minors are involved and not resolved by consent.
Typically under the Guardians and Wards Act, 1890 (supplemented by the Hindu Minority and Guardianship Act, 1956 for Hindus) -- the court's test in every case is the child's welfare, not either parent's individual right.
8. Track your case status online.
Most Family Courts are on the eCourts Services Portal (services.ecourts.gov.in) -- search by CNR number to see hearing dates and orders, though digitisation varies by state.
9. Appeal within 90 days if dissatisfied.
To the High Court, under s.19 of the Family Courts Act -- a mutual-consent decree is generally not appealable by either consenting party.
eCourts Services (Case Status): https://services.ecourts.gov.in/
Helpline: 15100
Handled by: Family Court (or District Court where none is notified); maintenance applications may go before a Judicial Magistrate; appeals go to the High Court
Who can use this: Either spouse (divorce/judicial separation), a spouse/child/parent seeking maintenance, or a parent/guardian seeking custody or guardianship of a minor.
This does not cover: Criminal offences arising from a marriage (e.g. cruelty under BNS s.85, or a Protection Officer complaint under the DV Act 2005) -- those go through the criminal-court/Magistrate track, even though facts may overlap. Property partition disputes not tied to matrimonial relief, and succession/inheritance disputes.
Time limit: No general limitation to file for divorce, maintenance, or custody -- but mutual-consent divorce needs at least a year of prior separation, plus a 6-18 month interval between the two motions (waivable) (Hindu Marriage Act, 1955, ss.13A and 13B; Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746)
Cost: Nominal, state-dependent court fees (roughly Rs.100-500 for mutual consent, more for a contested petition); notarisation/affidavit costs are separate.
You'll need:- Marriage date and place, or marriage certificate
- Date of separation, if any
- Names and dates of birth of any children
- Income/employment details of both spouses, for maintenance
- Any prior police or DV case reference, if relevant
Documents that help:- Marriage certificate or proof of marriage
- Aadhaar/identity and address proof
- Birth certificates of children
- Salary slips/income tax returns/bank statements
- Any existing maintenance or custody order
- Settlement agreement, for mutual consent
What happens after: A mutual-consent decree is generally final. A contested decree can be appealed to the High Court within 90 days. Maintenance orders can be modified on a change in circumstances; custody orders remain revisable in the child's continuing best interest.
These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.
Judicial Separation
Family Court (or District Court where none is notified)
Section 10 of the Hindu Marriage Act, 1955 allows either spouse to petition for judicial separation on any ground available for divorce under section 13 (and, for a wife, also the additional grounds under section 13(2)) -- unlike divorce, it does not dissolve the marriage and does not require the couple to have already lived apart for any minimum period before filing.
Maintenance Pendente Lite (interim maintenance during the case)
Family Court (or District Court), within the same matrimonial proceeding
Section 24 of the Hindu Marriage Act, 1955 allows a spouse with no independent income sufficient for their own support to apply for monthly interim maintenance and litigation expenses while a divorce, judicial separation, or other matrimonial proceeding is still pending, ending once the main case is finally decided.
Permanent Alimony and Maintenance
Family Court (or District Court) that passed the decree
Section 25 of the Hindu Marriage Act, 1955 empowers the court, at the time of passing a decree of divorce, judicial separation, or restitution of conjugal rights (or at any time afterward), to order either spouse to pay the other a gross or periodical sum for maintenance, for a term not exceeding the applicant's lifetime -- the court may later vary, modify, or rescind this order on a material change in circumstances, including the recipient's remarriage.
Custody or Guardianship Order for a Minor Child
Family Court, or the District Court exercising powers under the Guardians and Wards Act, 1890
Section 7 of the Guardians and Wards Act, 1890 allows a court to appoint or declare a guardian of a minor's person or property wherever satisfied that doing so serves the minor's welfare -- for Hindus, read together with section 6 of the Hindu Minority and Guardianship Act, 1956, which places a child under 5 with the mother as an ordinary rule, not an absolute one. The child's welfare, not either parent's individual entitlement, is the court's paramount and overriding test in every case.
Can I get maintenance even before the divorce is finalized?
Yes. Section 24 of the Hindu Marriage Act, 1955 allows a spouse without sufficient independent income to seek 'maintenance pendente lite' -- interim maintenance plus litigation expenses -- while the main case is pending, replaced by the outcome once the final judgment is passed.
If we got married in a temple/court with no formal registration, can I still file for divorce?
For maintenance, courts have recognised a genuine marital relationship in fact can support a claim even if unregistered. For a formal divorce petition you generally need to establish a valid marriage under a recognised personal law actually took place -- registration itself isn't what makes a marriage valid, but you'll need other proof the required ceremony was performed.
Does the wife automatically get custody of young children?
Not automatically, though there's a strong starting presumption. Under Section 6 of the Hindu Minority and Guardianship Act, 1956, a child under 5 is 'ordinarily' with the mother -- a rebuttable presumption, not an absolute rule. Above that age, and really in every case, the child's welfare is the overriding legal test, not an automatic entitlement.
Can maintenance be reduced/stopped if the paying spouse loses their job?
Yes, potentially. BNSS s.146 (formerly CrPC s.127) lets a court alter a maintenance order on a genuine, proven change in circumstances, and courts have accepted real job loss as such a ground. It isn't automatic -- you must formally apply and prove the change.
What if my spouse refuses to appear in court at all?
The case can still proceed. If the court is satisfied summons was properly served, it can proceed ex parte, deciding based only on the participating spouse's evidence. The absent spouse retains a limited right to apply to set aside an ex parte decree, typically within 30 days of learning of it, if they can show they weren't properly served.
Are there uniform guidelines for how a maintenance amount is calculated?
Yes. The Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324 laid down guidelines to bring uniformity across the different maintenance laws (BNSS s.144, the Hindu Marriage Act, and the Domestic Violence Act), directing both parties to file a standardised affidavit disclosing their income, assets, and liabilities, and setting out the factors a court should weigh -- so a maintenance amount isn't fixed on an ad hoc or undisclosed basis.
Governing law: Family Courts Act, 1984
Source: Family Courts Act, 1984; Hindu Marriage Act, 1955, ss.10, 13, 13A-B, 24-25; Guardians and Wards Act, 1890, s.7; BNSS, 2023, s.144 (successor to CrPC s.125); Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746. Restitution of conjugal rights (HMA s.9) is not listed as a remedy here -- its constitutional standing remains a contested question in case law.
Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.