Frequently Asked Questions

The first step is not filing a case — the first step is getting clarity. A consultation helps you understand your rights, options, timelines and consequences. Once you know the legal roadmap, making the right decision becomes easier and less stressful.

It stays peaceful only if the consent/settlement terms are drafted properly. A clear, detailed consent terms avoid misunderstandings and future disputes. Proper drafting ensures the process remains smooth from start to finish.

Always legally. Courts rely on documents and facts, not emotional explanations. A clean, factual reply protects you much better than an emotional reaction.

No. In most matrimonial cases, your lawyer speaks. Your statements are guided and short. Courtrooms are far calmer than most people imagine.

Yes. Depending on the grounds, you may file early. Mutual Consent Divorce requires waitingof one year from the date of marriage, but contested divorce can be filed sooner in some cases.

Courts prioritise:
• Stability
• Routine
• Emotional comfort
• Schooling
• Safety
Welfare matters more than income. Both parents are assessed fairly.

Yes. Courts look at the difference in income, responsibilities and financial burden — not just whether you have a job.

Never ignore a police notice. Attend with legal guidance. Early clarity avoids FIRs, arrests and unnecessary escalation.

Through:
• Power of Attorney
• Apostilled or notarised documents
• Video appearance (if permitted)
Travel is not always required.

No. Divorce is a legal closure when the relationship stops being healthy. It is not a personal failure. Choosing peace and stability is strength.

Yes. Many fathers receive joint or primary custody. Courts look at who offers better emotional and daily-life stability.

No. DV Act covers:
• Emotional abuse
• Threats
• Financial control
• Verbal insults
• Dowry pressure
• Harassment
Physical violence is not required to file a DV case.

Document everything. Save messages, calls, voice notes, photographs, video recordings, phone recordings. Avoid confrontation. Take preventive legal advice — it often stops false FIRs before they start.

Very important. Chats, call logs, emails, medical reports, financial proof and audio/video messages often become crucial evidence. Courts rely heavily on documented facts.

Yes. At any stage, both spouses can convert it into a Mutual Consent Divorce, leading to a faster and calmer closure.

Sometimes threats come out of anger, not intention. But if it becomes repetitive or stressful, get legal clarity early. Understanding your rights gives emotional stability.

No, not if leaving was for safety, peace, health or to avoid harassment. Courts recognise emotional and mental distress. Just maintain some basic documentation.

You can file even with limited evidence. Much evidence can be collected during the case. Do not delay taking action just because you haven’t organised your documents yet.

Not necessarily. Some cases settle later during court proceedings. Structured legal steps sometimes bring clarity or encourage cooperation.

Absolutely. Many clients feel nervous initially. But matrimonial lawyers handle emotional and sensitive issues daily. Nothing you say will be judged. Clients usually feel relieved after speaking openly.

A foreign divorce decree is valid only if:

• Both spouses participated
• Grounds match Indian law
• No fraud or coercion
• The foreign court had jurisdiction

If these are missing, the decree is not valid in India

Yes. The Bombay High Court has repeatedly held that employment does not automatically disqualify a woman from receiving maintenance.
The court considers:

• Spouses’ income difference
• Lifestyle gap during marriage
• Cost of housing, food, transport, child care

• Whether her job covers basic needs