02 · Family & Personal Matters
Matrimonial & Family Law
Matrimonial and family law covers marriage and its breakdown, and the rights and duties between spouses, parents and children — including divorce, maintenance, custody and protection from domestic violence.
What this covers
- 01Divorce, judicial separation and annulment
- 02Restitution of conjugal rights
- 03Maintenance and alimony
- 04Child custody, visitation and guardianship
- 05Domestic violence proceedings
- 06Mediation and settlement of family disputes
How it generally works
Which law applies depends largely on the parties' religion and how they married: the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, the Indian Divorce Act, 1869, the Parsi Marriage and Divorce Act, 1936 and Muslim personal law are among the main ones.
In Delhi, most matrimonial cases are heard by family courts set up under the Family Courts Act, 1984. These courts encourage settlement, and many disputes are referred to mediation.
Related proceedings — for maintenance, custody, or protection under the domestic violence law — are often pursued alongside divorce, and they may be heard by different courts.
