How people usually put it
I want a divorce but he will not agree. We have decided to separate, how do we do it quickly. He took the child and will not let me see her. My wife left and took everything. Divorce venam, engane. Kutty aare koode nilkkum. വിവാഹമോചനം എങ്ങനെ കിട്ടും. കുട്ടിയുടെ സംരക്ഷണം ആർക്ക്.
Which law applies
The procedure follows the parties' personal law: the Hindu Marriage Act, 1955, the Indian Divorce Act, 1869 for Christians, Muslim personal law with the Dissolution of Muslim Marriages Act, 1939, or the Special Marriage Act, 1954 for civil and inter-faith marriages. Petitions are filed in the Family Court of the district where the couple last lived together, where the marriage took place, or where the respondent lives.
Divorce by mutual consent
Both spouses file jointly, stating they have lived apart for one year or more and cannot live together. There are two motions: the first when the petition is filed, the second after a six-month cooling-off period. The Supreme Court has held that the six-month wait can be waived where the separation is long, the settlement genuine and reconciliation impossible. A written settlement covering maintenance, the child and property is signed and placed before the court.
Contested divorce
Grounds under the personal law include cruelty, desertion for two years or more, adultery, conversion, unsoundness of mind and, in some laws, an unheard-of spouse for seven years. Cruelty covers mental cruelty, which has to be shown with specifics — incidents, dates, messages, medical records — rather than general complaints.
Maintenance and property
Maintenance for a spouse and children is claimed under BNSS section 144 (the successor to CrPC 125), under the personal law, and under the Domestic Violence Act. Rajnesh v. Neha (2021) 2 SCC 324 requires an affidavit of assets and liabilities from both sides, and maintenance ordinarily runs from the date of the application. Dowry and stridhan articles are recovered by a separate application; a list with proof of purchase helps.
Custody and access
The child's welfare decides custody, not the parent's claim of right. Courts prefer the mother for a child of tender years, weigh the child's own wishes as they grow older, and generally grant visitation to the other parent. Orders can be varied when circumstances change. Removing a child from the other parent's custody without an order invites contempt and police involvement.
Practical points
- Family Courts encourage settlement first; a counsellor may be appointed before the case is heard.
- There is no court fee for a Domestic Violence Act application, and legal aid is available to women as of right.
- Keep the marriage certificate, photographs, communications, and proof of income for both sides ready — most contested hearings turn on documents.
This guide is legal information, not legal advice, and reading it creates no advocate–client relationship. Laws change and every case turns on its own facts. For anything serious, consult an advocate — and if you cannot afford one, the District Legal Services Authority will give you a lawyer free of cost.
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