Advocate Abdul Kaleem

👪 Family Law – Frequently Asked Questions

What is the procedure for filing a mutual divorce in India?

Mutual divorce can be filed under Section 13B of the Hindu Marriage Act. Both spouses must agree and file a joint petition. After a 6-month cooling period and second motion, the court grants the decree.

Who gets child custody after divorce?

Courts prioritize the welfare of the child. Custody may go to either parent, but visitation rights are granted to the non-custodial parent. Age and comfort of the child are also considered.

Can Muslim women claim maintenance under Indian law?

Yes. Under Section 125 CrPC, Muslim women can claim maintenance. Even after divorce, they are entitled to a fair and reasonable provision within the iddat period and beyond if dependent.

Is second marriage valid without divorce from the first?

No. As per Hindu Marriage Act and other personal laws, second marriage during the subsistence of the first is illegal and amounts to bigamy under IPC 494.

What protection is available under the Domestic Violence Act?

The Protection of Women from Domestic Violence Act, 2005 provides for protection orders, residence rights, compensation, and maintenance for women facing abuse from husband or relatives.

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