The picture
Separation and divorce are legal processes with different consequences. The right path depends on the marriage law that applies, whether both people agree, and what arrangements are needed for money, housing and children.
Where it applies
Procedure and grounds vary across personal-law statutes and facts. This section is orientation, not a recommendation to separate or divorce.
Questions people ask
The law behind these answers
Statutes & sections, linked to the official source.
Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 144
India CodeMaintenance of wives, children and parents
Provides a summary maintenance route for specified wives, children and parents who are unable to maintain themselves, subject to the statute.
Indian Contract Act, 1872 · Section 126
India CodeContract of guarantee
Defines a guarantee as a promise to perform another person's promise or discharge their liability on default.
Divorce Act, 1869 · Section 10
India CodeWhen wife may petition for dissolution
Specifies circumstances for dissolution petitions under the Divorce Act, 1869, for persons to whom it applies.
Dissolution of Muslim Marriages Act, 1939 · Section 2
India CodeGrounds for decree for dissolution of marriage
Lists grounds on which a woman married under Muslim law may seek dissolution under the Act.
Family Courts Act, 1984 · Section 7
India CodeJurisdiction
Describes the matrimonial and family matters over which Family Courts have jurisdiction.
Hindu Marriage Act, 1955 · Section 10
India CodeJudicial separation
Allows spouses to live apart under a court order without immediately dissolving the marriage.
Hindu Marriage Act, 1955 · Section 13
India CodeDivorce
Lists grounds on which a spouse may seek divorce under the Hindu Marriage Act.
Hindu Marriage Act, 1955 · Section 13-B
India CodeDivorce by mutual consent
Provides a mutual-consent route where statutory separation and agreement conditions are met.
Hindu Marriage Act, 1955 · Section 24
India CodeMaintenance pendente lite and expenses
Allows interim financial support and litigation expenses during proceedings, based on the parties' means.
Hindu Marriage Act, 1955 · Section 25
India CodePermanent alimony and maintenance
Allows longer-term financial provision after certain matrimonial orders, with scope to vary or rescind as the statute allows.
Hindu Marriage Act, 1955 · Section 26
India CodeCustody of children
Allows courts to make interim and final arrangements for custody, maintenance and education of children.
Hindu Marriage Act, 1955 · Section 27
India CodeDisposal of property
Permits certain orders about property presented at or about the time of marriage in matrimonial proceedings.
Hindu Minority and Guardianship Act, 1956 · Section 13
India CodeWelfare of minor to be paramount consideration
Makes the minor's welfare the paramount consideration in specified guardianship decisions.
Hindu Succession Act, 1956 · Section 14
India CodeProperty of a female Hindu to be her absolute property
Treats specified property possessed by a female Hindu as her absolute property, subject to the statute's terms.
Special Marriage Act, 1954 · Section 27
India CodeDivorce
Lists divorce grounds for marriages governed by the Special Marriage Act.
Special Marriage Act, 1954 · Section 28
India CodeDivorce by mutual consent
Provides a mutual-consent divorce route for marriages under the Special Marriage Act.
RelaSense Legal Clarity provides reviewed general information for India, not legal advice for your specific situation. For decisions affecting safety, money, housing, children or legal rights, consult a qualified advocate.