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Frequently Asked Questions
Can I get maintenance during judicial separation?
Yes. Courts can award spousal and child maintenance during separation.
How long does a mutual consent divorce take?
Usually 6 months (cooling-off period), but courts may waive it under specific circumstances.
Can I file for divorce without the other spouse’s consent?
Yes. You can file a contested divorce based on valid legal grounds.
What is the difference between divorce and judicial separation in India?
Divorce legally ends a marriage, while judicial separation allows spouses to live apart without ending the marital status.
Can custody be changed later?
Yes. You can file for modification if circumstances change significantly.
Is child custody only decided in court?
No. Parties can also reach private agreements, which can be formalised through consent orders.
Can fathers get custody in India?
Yes. Fathers can apply for custody and are often granted visitation or joint custody depending on the facts.
Who gets custody of the child after divorce in India?
Courts decide based on the child’s best interests, typically favouring the mother for young children.
Can family members claim in case of death?
Yes. Spouses, children, and dependents can file for compensation as legal representatives.
Is there a time limit for filing a claim?
Yes, generally within 6 months to 1 year from the date of the accident. Timely legal advice is crucial.