Legal Options in Matrimonial Disputes

Start with the options

Matrimonial disputes do not always have to end in contested litigation. Depending on the situation, mediation, settlement, mutual consent divorce or court proceedings may be considered.

Mediation

Family Courts and other courts frequently refer parties to mediation. A mediated settlement can resolve divorce, maintenance, custody and related cases together.

Mutual consent divorce

Under Section 13B of the Hindu Marriage Act, 1955, spouses living separately for at least a year may jointly seek divorce. The six-month waiting period between motions can be waived in suitable cases, as held in Amardeep Singh v. Harveen Kaur (2017).

Contested divorce

Section 13 sets out grounds such as cruelty, desertion for two years, conversion and mental disorder. Each ground must be proved with evidence.

Other remedies

• Restitution of conjugal rights (Section 9 HMA)
• Judicial separation (Section 10 HMA)
• Protection, residence and monetary orders under the Domestic Violence Act, 2005
• Maintenance under Section 144 BNSS and personal laws

Choosing a route

The right route depends on whether both spouses agree, the children’s needs, financial issues and any pending criminal complaints. Early advice helps avoid steps that make settlement harder.