Divorce is one of the most common family law disputes. Major types include:
1.1 Contested Divorce
Filed when one spouse alleges fault-ground such as:
• Cruelty
• Adultery
• Desertion
• Conversion
• Mental Disorder
• Venereal Disease
• Renunciation
• Presumption of Death
1.2 Mutual Consent Divorce
Both parties jointly agree to end the marriage after settling:
• Alimony
• Child custody
• Property distribution
• Future rights
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2.1 Restitution of Conjugal Rights (RCR)
A spouse files to compel the other to resume marital obligations if separation is without reasonable cause.
2.2 Judicial Separation
A middle path when parties want legal separation without ending the marriage.
2.3 Annulment / Nullity of Marriage
Marriage declared void/voidable due to:
• Fraud
• Impotency
• Unsoundness of mind
• Prohibited degrees
• Lack of valid ceremony
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Under DV Act, 2005, a woman can seek:
• Protection order
• Residence order
• Monetary relief
• Custody order
• Compensation for emotional & physical abuse
DV matters are civil in form but enforced through criminal procedure.
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4.1 CrPC Section 125
Quick remedy for:
• Wife
• Children
• Parents
4.2 Hindu Adoption & Maintenance Act (HAMA)
Covers maintenance rights of wives, widows, dependents, and children.
4.3 Interim Maintenance Applications
Filed for immediate financial support during litigation.
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Under Guardians & Wards Act and Hindu Minority & Guardianship Act:
• Full custody
• Joint custody
• Physical vs. legal custody
• Interim custody
• Visitation rights
• Parenting plans
Court considers the “Welfare of the child” as paramount.
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Regulated by:
• Hindu Adoption & Maintenance Act
• Juvenile Justice Act
Includes:
• Step-parent adoption
• Relative adoption
• Abandoned/orphan child adoption
Court scrutiny ensures legality, safety, and suitability of adoptive parents.
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Although criminal in nature, they fall under family law disputes:
• Section 498A IPC — Cruelty by husband/relatives
• Dowry Prohibition Act cases
• Dowry return applications
Often accompanied with DV and maintenance petitions.
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Under Special Marriage Act:
• Registration disputes
• Notice period objections
• Void/voidable marriage proceedings
• Divorce under SMA
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Courts recognize rights such as:
• Maintenance for woman
• Protection from violence
• Legitimacy of children
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Includes:
• Senior citizen protection complaints
• Disputes between parents & children (non-property related)
• Family settlement validation
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Miscellaneous Applications Common in Family Litigation
Family law cases involve several procedural and interim applications:
• Interim maintenance (HMA/SMA/125 CrPC)
• Application for child visitation / overnight custody
• Domestic violence interim protection
• Application for return of stridhan & dowry articles
• Transfer petitions (for shifting cases between courts)
• Ex-parte application in case of non-appearance
• Application for DNA test
• Application for mediation/ADR referral
• Execution petitions for maintenance arrears
• Contempt applications
• Application for injunction (restraining harassment or alienation of assets)
