Family disputes are emotionally draining, and the legal choices made early often shape the outcome. Indian family law is personal-law based, so the route depends on the religion and marriage law that applies, but the main issues are similar.

Divorce

• Contested divorce under Section 13 of the Hindu Marriage Act, 1955 on grounds such as cruelty, desertion and adultery; other communities have parallel laws, including the Special Marriage Act, 1954.
• Mutual consent under Section 13B involves a statutory waiting period. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month cooling-off period is directory and can be waived in suitable cases.
• In Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court held that it can dissolve a marriage under Article 142 where it has irretrievably broken down.

Maintenance

Maintenance for wives, children and parents may be claimed under Section 144 of the BNSS (earlier Section 125 CrPC), under personal laws, and under the Protection of Women from Domestic Violence Act, 2005. In Rajnesh v. Neha (2020), the Supreme Court mandated disclosure affidavits of income and assets by both parties and set guidelines to avoid overlapping proceedings.

Domestic violence and cruelty

The 2005 Act offers protection orders, residence orders and monetary relief through civil proceedings. Cruelty by a husband or relatives is also an offence under Sections 85 and 86 of the BNS. Courts have cautioned against indiscriminate implication of relatives, so allegations should be specific and supported.

Child custody

Under the Guardians and Wards Act, 1890 and personal laws, the paramount consideration is the welfare of the child. Courts consider the child's age, wishes, stability and each parent's capacity. Visitation and shared parenting arrangements are increasingly common.

Succession and property

Following Vineeta Sharma v. Rakesh Sharma (2020), daughters have equal coparcenary rights by birth in Hindu joint family property. Wills, probate and partition suits are frequent subjects of litigation in families with business and real estate assets.

Strategy

• Consider mediation first; family courts routinely refer parties.
• Keep records of income, assets, expenses and communications.
• Avoid social media posts about the dispute.
• Seek interim protection quickly in cases of violence.

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This article is for general information only and is not legal advice. Law and procedure change; please verify the current position for your specific case. Last reviewed: November 2026.