Most people who look for a divorce lawyer in Raipur or Bilaspur want three answers early: how long it will take, what happens to the children, and what maintenance is payable. The answers depend on the personal law that governs the marriage, whether both spouses agree, and what the court is asked to decide.
Hindus, Buddhists, Jains and Sikhs are governed by the Hindu Marriage Act, 1955. Marriages registered under the Special Marriage Act, 1954, Christian marriages under the Divorce Act, 1869, and Muslim marriages have their own rules. The divorce process in India therefore begins with identifying the right statute and the right court.
Mutual consent divorce
Under Section 13B of the Hindu Marriage Act, spouses who have lived separately for at least one year and agree that the marriage should end file a joint petition in the Family Court. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month wait between the two motions can be waived in suitable cases.
The settlement terms matter as much as the decree: permanent alimony, return of stridhan and household articles, custody and visitation, and the fate of any pending cases. These terms should be complete and clear before the petition is filed, so that they can be recorded by the court and enforced later.
- The spouses agree on alimony, stridhan, custody and pending cases.
- A joint petition is filed in the Family Court with the marriage details and the agreed terms.
- The court records both spouses' statements on the first motion.
- After six months, or earlier if the wait is waived, both confirm consent on the second motion.
- The court passes a decree of divorce.
Contested divorce and other matrimonial petitions
Where one spouse does not agree, a petition is filed under Section 13 on a ground the Act recognises, such as cruelty, desertion for at least two years, adultery or certain mental disorders. Each side files pleadings and leads evidence, so a contested case takes considerably longer. Petitions for restitution of conjugal rights (Section 9), judicial separation and nullity are heard by the same courts.
Irretrievable breakdown of marriage is not a ground under the Act. In Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court held that it can dissolve a marriage on that basis under Article 142 of the Constitution, a power that belongs to the Supreme Court alone.
Maintenance, domestic violence and child custody
A wife, children and parents who cannot maintain themselves can claim monthly maintenance under Section 144 of the BNSS (formerly Section 125 CrPC). In Hindu marriage proceedings, either spouse may seek maintenance and litigation expenses while the case is pending (Section 24) and permanent alimony at the end (Section 25). Both sides are required to disclose their income and assets on affidavit.
The Protection of Women from Domestic Violence Act, 2005 allows a woman to seek protection orders, residence orders, monetary relief, custody orders and compensation from the Magistrate. The proceedings are largely civil in nature, but breach of a protection order is an offence.
Custody is decided on the welfare of the child, which Section 13 of the Hindu Minority and Guardianship Act, 1956 makes paramount. Custody of a child under five is ordinarily with the mother, and under the Guardians and Wards Act, 1890 the court may consider the preference of a child old enough to form one. Our Hindi article on custody of children after divorce explains this further.
Cruelty complaints within a marriage
Many matrimonial disputes include a criminal complaint of cruelty under Section 85 of the BNS (formerly Section 498A IPC), sometimes with allegations under the Dowry Prohibition Act, 1961. A woman who has faced cruelty is entitled to have her complaint registered and investigated. A husband and relatives who say the allegations are false can seek anticipatory bail and, where the case is baseless, quashing. We advise either side and keep the criminal case in step with the family proceedings.
Our Hindi explainer on Section 85 of the BNS and dowry harassment covers the offence itself, and our page on criminal defence and bail covers arrest and bail.
Family Courts at Raipur and Bilaspur
Divorce, maintenance and custody cases in Raipur and Bilaspur are heard by the Family Courts established under the Family Courts Act, 1984, which must first attempt a settlement. A Hindu Marriage Act petition can be filed where the marriage was solemnised, where the other spouse lives, or where the couple last lived together, and a wife may also file where she lives. Domestic violence applications go to the Judicial Magistrate, and appeals from Family Court decisions lie to the High Court at Bilaspur.
Courts regularly refer matrimonial disputes to mediation, and many contested cases end in a settlement recorded before the court. These documents help at a first meeting:
- Marriage certificate, or the invitation card and photographs
- Details of the children, their schooling and their expenses
- Salary slips, income tax returns and bank statements
- A list of stridhan, gifts and household articles
- Copies of any notices, complaints or court papers
For a confidential discussion of a matrimonial dispute, please reach the firm at Raipur or Bilaspur.
What the practice handles
- Mutual consent divorce under the Hindu Marriage Act and the Special Marriage Act
- Contested divorce, judicial separation and nullity petitions
- Maintenance under BNSS Section 144 and Sections 24 and 25 of the Hindu Marriage Act
- Domestic violence proceedings under the 2005 Act
- Child custody, guardianship and visitation
- Restitution of conjugal rights
- Recovery of stridhan and household articles
- Cruelty and dowry complaints, for complainants and for the accused
- Settlement terms, mediation and consent decrees
- Matrimonial appeals and transfer petitions
Where these matters are heard
- Family Courts at Raipur and Bilaspur
- Judicial Magistrates, for domestic violence applications
- Court-referred mediation and Lok Adalats
- High Court of Chhattisgarh, Bilaspur, for appeals and transfers
- Supreme Court of India
Questions about Divorce & Family Law
How long does a mutual consent divorce take?
Under Section 13B of the Hindu Marriage Act, the spouses must have lived separately for at least one year before filing. After the first motion, the Act provides a six-month period before the second motion, which the court may waive in suitable cases following Amardeep Singh v. Harveen Kaur (2017). The overall time depends on the court's calendar and on whether the settlement terms are complete when the petition is filed.
What is the divorce process in India if my spouse does not agree?
A contested petition is filed in the Family Court on a ground recognised by the personal law, such as cruelty or desertion under Section 13 of the Hindu Marriage Act. The other spouse is served and files a reply, the court attempts a settlement, and the parties then lead evidence and argue. Contested cases take considerably longer than mutual consent divorce, and many are settled along the way.
Who can claim maintenance under Section 144 of the BNSS?
A wife, minor children, adult children unable to maintain themselves because of a physical or mental abnormality or injury, and parents who cannot maintain themselves may claim monthly maintenance from a person with sufficient means who neglects or refuses to maintain them. Section 144 replaced Section 125 of the CrPC, and interim maintenance can be ordered while the application is pending.
Who gets custody of the children after divorce?
The court decides custody on the welfare of the child, not on the rights of either parent. Custody of a child below five is ordinarily with the mother under the Hindu Minority and Guardianship Act, and an older child's preference may be considered. The other parent is usually given visitation or shared time, and custody orders can be varied if circumstances change.
Can a husband claim maintenance?
Yes, under the Hindu Marriage Act. Section 24 allows either spouse without sufficient independent income to claim maintenance and litigation expenses while the case is pending, and Section 25 allows permanent alimony to either spouse. Maintenance under Section 144 of the BNSS, by contrast, is available to a wife but not to a husband.
Where is a divorce petition filed in Raipur or Bilaspur?
A petition under the Hindu Marriage Act can be filed in the Family Court for the area where the marriage was solemnised, where the other spouse lives, or where the couple last lived together, and a wife may also file where she lives. Raipur and Bilaspur each have Family Courts, and appeals from their decisions go to the High Court of Chhattisgarh at Bilaspur.
Does settling the divorce end a Section 85 BNS case?
Not automatically. Divorce, maintenance and custody can be settled through mediation and recorded in a consent decree, but cruelty under Section 85 of the BNS is not a compoundable offence. The usual course after a genuine settlement is a petition to the High Court to quash the criminal case, which the court decides on the facts of each case.
A question that is not answered here? Send it to the firm.
This page describes the law in general terms as of 24 September 2026. It is not legal advice. The outcome of any matter depends on its facts, and the firm does not guarantee results.
