Family matters are heard by the family courts, and most involve sensitive documents and deadlines. Mutual-consent divorce, maintenance, custody, protection orders and other matrimonial matters each follow their own procedure. Legal advice and representation are provided through advocates; GurugramHelp assists with the documents.
How does mutual consent divorce work?
Under Section 13B of the Hindu Marriage Act, both spouses file a joint petition before the family court stating that they have lived separately for at least a year and agree to divorce, including on maintenance, custody and property. A second motion follows the first; the court can waive the waiting period between them in suitable cases.
Matters covered
- Mutual-consent and contested divorce
- Maintenance for a spouse and children
- Child custody and visitation
- Protection under the Domestic Violence Act
- Other matrimonial remedies
- Marriage registration, where it is needed for legal purposes
Documents that matter
- Marriage certificate or other proof of marriage
- Income and expense records, for maintenance
- Children's school and medical records, for custody
- Any earlier complaints, orders or settlements
Mediation
Family courts often refer cases to mediation, and many disputes settle there. Being clear about what matters most to you helps.
How GurugramHelp helps
We help you gather and organise the documents the advocate and the court will need, and keep track of what has been filed.
Common questions
Is mutual consent divorce quicker than contested divorce?
Usually, because the spouses have agreed the terms. Contested cases depend on evidence and the court’s schedule.
Can maintenance be claimed without filing for divorce?
Yes. Maintenance can be claimed on its own, including under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (formerly Section 125 of the Criminal Procedure Code) and under personal laws.
Are family court proceedings private?
Family courts can hold proceedings in camera, and they are generally conducted with more privacy than ordinary courts.
Official resources
Rules, fees, forms and online workflows can change. Verify current information directly with the authority. All official portals