Family Law in India: Divorce, Maintenance and Custody Explained
by Amicus Publico LLP | Nov 5, 2025 | Matrimonial & Family Law
Understanding Family Law in India is essential when dealing with sensitive issues such as divorce, maintenance, alimony, and child custody. These matters directly affect your personal life, financial security, and the well-being of your family. With the right legal guidance, individuals can navigate these challenges with clarity and confidence.
For families and individuals in Rajasthan’s capital, the support of an experienced family lawyer in Jaipur is invaluable. Whether your matter involves negotiation, mediation, or litigation, a skilled matrimonial dispute lawyer in Jaipur, along with a trusted Maintenance & alimony lawyer Jaipur, can help safeguard your legal and financial interests at every stage.
Family law in India governs domestic and familial relationships, including marriage, divorce, child custody, inheritance, and protection from domestic violence. These laws are largely based on personal laws applicable to different religions, alongside secular legislation.
Key Areas of Family Law and Legal Procedure
Divorce: A Termination of Marriage
Divorce is the legal process through which a marriage is formally dissolved, bringing an end to the legal rights and obligations arising from the marital relationship.
Types of Divorce in India
Mutual Consent Divorce:
This is an amicable form of divorce where both spouses agree to end the marriage and mutually settle issues such as alimony, child custody, and division of assets. It is initiated through a joint petition and is generally faster and less adversarial.
Contested Divorce:
A contested divorce arises when one spouse seeks divorce without the consent of the other. In such cases, the court adjudicates on disputed issues including maintenance, child custody, and property division, based on evidence and applicable law.
Key considerations in divorce proceedings under Family Law in India include child custody, maintenance and alimony, division of assets and liabilities, financial planning, and recognised legal grounds such as cruelty, adultery, desertion, mental disorder, or irretrievable breakdown of marriage. A knowledgeable matrimonial dispute lawyer in Jaipur can assess your situation and work closely with a Maintenance & alimony lawyer Jaipur to ensure comprehensive legal protection.
Applicable Laws for Divorce
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
- Indian Divorce Act, 1869
- Parsi Marriage and Divorce Act, 1936
- Muslim Personal Law
Each statute has its own procedural requirements and grounds for divorce, making professional legal advice essential.
Maintenance and Alimony: A Key Provision
Maintenance and alimony refer to financial support provided to a spouse or dependent family member to meet basic living needs such as food, clothing, housing, education, and medical care. Courts determine maintenance by considering factors such as income, earning capacity, standard of living, and the reasonable needs of the claimant.
Maintenance is granted under Section 125 of the Code of Criminal Procedure (CrPC), which has now been replaced by Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Consulting an experienced Maintenance & alimony lawyer Jaipur is crucial to ensure accurate financial disclosure and a fair assessment of entitlements.
Types of Maintenance in Family Law
Interim Maintenance:
Granted during the pendency of divorce or related proceedings to provide immediate financial relief.
Permanent Maintenance (Alimony):
Awarded after final disposal of the case, either as a lump sum or as regular periodic payments.
A skilled Maintenance & alimony lawyer Jaipur plays a critical role in presenting income documents, lifestyle evidence, and financial obligations before the court, enabling the court to pass a just and equitable order.
Custody: Rights of Parents After Separation
Custody refers to the legal and physical care of a minor child and includes decision-making authority over the child’s education, healthcare, and overall welfare.
Types of Custody
- Physical Custody
- Legal Custody
- Sole Custody
- Joint Custody
- Third-party Custody
Indian courts place paramount importance on the “best interests of the child”, taking into account factors such as emotional well-being, stability, health, education, and each parent’s ability to provide a safe and nurturing environment. A compassionate and strategic matrimonial lawyer in Jaipur can assist parents in securing a custody arrangement that prioritises the child’s welfare. Where appropriate, the child’s wishes may also be considered, and visitation rights are usually granted to the non-custodial parent.
Conclusion
Disputes involving divorce, maintenance, alimony, or child custody are often emotionally and legally complex. Having the guidance of an experienced and empathetic family lawyer in Jaipur, supported by a dedicated Maintenance & alimony lawyer Jaipur, can make a meaningful difference in protecting your rights and securing a stable future.
At Amicus Publico LLP, our family law professionals are committed to guiding clients through every stage of the legal process with clarity, care, and practical legal solutions—helping you move forward with confidence under Family Law in India.
Frequently Asked Questions (FAQ)
What are the legal grounds for divorce in India?
Legal grounds for divorce in India include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, and mutual consent. The grounds may vary based on personal laws like Hindu, Muslim, Christian, or Parsi law.
What is maintenance in Indian family law?
Maintenance refers to financial support provided by one spouse to the other after separation or divorce. It can be claimed by a dependent spouse under Section 125 of the Criminal Procedure Code or respective personal laws.
How is child custody decided in India?
Child custody in India is decided based on the child’s best interests, considering factors like the child’s age, emotional well-being, and the financial and emotional stability of the parents. Courts may grant physical, joint, or legal custody.
Can a working spouse claim maintenance in India?
Yes, a working spouse can claim maintenance in India if their income is insufficient to maintain the standard of living they were accustomed to during the marriage. The court considers factors like income disparity and financial needs.
Why choose Amicus Publico for family law matters in India?
Amicus Publico is a trusted law firm in India with expertise in family law. Our experienced lawyers provide compassionate and personalized legal support for divorce, maintenance, and custody cases, ensuring your rights are protected.