Interim maintenance
For a spouse or children who cannot support themselves while the case is pending.
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Divorce, maintenance, domestic violence, annulment, legal separation and void marriage: when your spouse does not agree, you need a clear plan. We run contested cases before the Delhi courts for residents and for families living abroad.
Most people do not want a contested case. They arrive at one after trying to talk, to involve family and to settle. If your spouse refuses to cooperate, has left you, or is using the distance between two countries to avoid the process, the law gives you a way forward. A contested divorce asks the court to decide, on evidence, whether the marriage can continue.
It is a longer road than mutual consent, so the first step matters: a clear plan, a strong petition and well-kept evidence. We build all three, and we keep you informed so that the process does not feel like a black box.
For Hindu marriages the grounds are in Section 13 of the Hindu Marriage Act, 1955. Other personal laws have their own grounds. A divorce petition is normally not allowed in the first year of marriage unless there is exceptional hardship.
A contested case takes longer than a mutual consent divorce, and the time depends on the court and on how both sides conduct the case.
We draft and file the divorce petition in the Family Court with the grounds and supporting facts.
Your spouse is served notice and files a written statement. Mediation is usually tried at this stage.
Both sides lead evidence, and witnesses are cross-examined. Documents, messages and records matter here.
After final arguments the court decides whether the ground is proved and passes the decree.
Distance creates its own problems in a contested divorce, and good planning removes most of them.
For a spouse or children who cannot support themselves while the case is pending.
Orders about where the children live and how the other parent meets them.
Relief under the Domestic Violence Act, 2005, where needed.
Orders about residence and use of the shared home.
These four remedies are often confused. The right one depends on the facts of your marriage.
Ends a valid marriage on a legal ground such as cruelty, desertion or adultery.
A voidable marriage is cancelled by a decree of nullity. It stands valid until the court annuls it.
A marriage that was never valid in law, such as a bigamous marriage. A court declaration is advisable.
Judicial separation ends the duty to live together but the marriage continues.
Financial support is often the most contested part of a divorce. There is no fixed formula, and each case turns on its facts.
Monthly support and litigation expenses while the case is pending, for a spouse without sufficient income.
A lump sum or monthly payment fixed at the time of the decree or afterwards, based on means and needs.
A quick remedy for a wife, children or parents who cannot maintain themselves, independent of the divorce case.
Monetary relief for a woman facing domestic violence, which can run alongside other remedies.
Courts weigh income, assets, standard of living, age, health, the number of dependants and each spouse’s earning capacity. In Rajnesh v. Neha (2020), the Supreme Court required both sides to file a detailed affidavit of income, assets and liabilities, so it is important to disclose honestly. Read our guide on how maintenance and alimony are decided.
Abuse at home can lead to a divorce case, a separate protection case, or both.
If the marriage involves physical, emotional, sexual or economic abuse, the woman can apply under the Protection of Women from Domestic Violence Act, 2005 for protection, a right to stay in the shared household, maintenance and custody, even before she files for divorce. Cruelty is also a ground for divorce under the Hindu Marriage Act.
These cases can run side by side, and the evidence in one often helps in the other. If you are the person named in a complaint, you also have the right to a fair hearing. Read more on our pages about domestic violence law in Delhi, NRI domestic violence cases and defending a false complaint.
Under Section 12 of the Hindu Marriage Act, a marriage can be annulled by a decree of nullity on specific grounds.
Time limits apply. For example, a petition on the ground of force or fraud must be filed within one year after the force ended or the fraud was discovered, and there must be no voluntary cohabitation afterwards. Children of an annulled marriage are treated as legitimate under Section 16. Because the marriage remains valid until the court annuls it, a proper petition is essential.
A void marriage is one that was never valid. The court can declare it so, and this protects your future and property rights.
A void marriage does not need a divorce to end it, but a court declaration of nullity is advisable before you remarry, claim property or travel for immigration purposes. Children are treated as legitimate under Section 16, and a court can in appropriate cases grant interim and permanent maintenance in the nullity proceedings. We examine your documents and the facts first, as the right remedy depends on them.
Judicial separation, under Section 10, is for couples who need distance without ending the marriage.
Either spouse can apply for judicial separation on any of the grounds available for divorce under Section 13. A decree ends the duty to live together, but the marriage continues, and neither spouse can remarry. It suits people who are not ready for divorce for religious, family or practical reasons.
If the couple does not resume cohabitation for a year after the decree, either spouse can later file for divorce on that ground under Section 13(1A). The court can also rescind the decree if the couple reconcile. Maintenance and child custody can be decided alongside the separation.
Whichever route applies, we explain the risks, the likely timeline and the evidence you will need.
If you are not sure which remedy fits, tell us the facts. We will suggest the safest route, whether that is divorce, annulment, a declaration that a marriage is void, a petition for judicial separation, or a protection case. You can also read about mutual consent divorce if both of you can agree.
Yes. Many cases settle on terms during the case. If both of you agree, the matter can be converted into a joint petition.
It often takes much longer than a mutual consent divorce. A realistic estimate depends on the court, the ground and the cooperation of both sides.
A spouse who cannot support themselves can apply for interim maintenance and litigation expenses. The court decides after looking at income and needs, including income earned abroad.
Usually yes, if the Indian court has jurisdiction. See our NRI divorce lawyer page for how jurisdiction is decided.
The court decides based on the welfare of the child. We prepare your case on custody and visitation and try to settle it where that is possible.
Annulment cancels a voidable marriage on specific grounds such as force, fraud or unsoundness of mind. Divorce ends a valid marriage on a ground such as cruelty or desertion.
A void marriage was never valid in law, for example because one spouse already had a living spouse. A court declaration of nullity is advisable before you remarry.
Judicial separation under Section 10 ends the duty to live together, but the marriage continues. If there is no cohabitation for a year, either spouse can later file for divorce.
Yes. You can apply for interim maintenance and litigation expenses under Section 24, and the court can decide permanent alimony at the end.
Yes. A protection case under the Domestic Violence Act can run alongside a divorce, and the evidence in one can help in the other.
There is no fixed formula. The court considers income, assets, standard of living, age, dependants and earning capacity, and requires an affidavit of assets from both sides.
Tell us what has happened, where each of you lives and any dates already fixed. If both of you may agree, see Mutual Consent Divorce.
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