Divorce Advocate in Patna

Divorce proceedings conducted with discretion, clear advice on the options, and a settlement-first approach where it is possible.

Overview

The Practice

Divorce is often the most difficult legal step a person takes. We advise on whether a marriage can be dissolved by mutual consent or must be contested, what each route involves, and what can be agreed on alimony, custody, stridhan and property along the way.

We appear before the Family Court at Patna and other districts of Bihar, and in appeals before the Patna High Court. Petitions are filed under the law that applies to the marriage: the Hindu Marriage Act, the Special Marriage Act, Muslim personal law or the Divorce Act for Christian marriages.

ForumFamily Court · Patna High Court
LawsHMA 1955 · SMA 1954 · Divorce Act 1869
RoutesMutual consent · Contested
RelatedAlimony · Custody · DV
Scope of work

Areas of Engagement

Mutual Consent Divorce

  • Joint petition drafting
  • Settlement agreement
  • First and second motion
  • Waiver of the waiting period

Contested Divorce

  • Cruelty, desertion and other grounds
  • Written statement and counter-claims
  • Evidence and cross-examination
  • Judgment and decree

Alimony & Maintenance

  • Interim maintenance during the case
  • Permanent alimony
  • One-time settlement
  • Enforcement of orders

Children

  • Custody and visitation
  • Child support
  • Guardianship
  • Relocation disputes

Connected Matters

  • Return of stridhan
  • Domestic violence proceedings
  • Withdrawal of cases on settlement
  • Restitution of conjugal rights

Appeals

  • Appeal against divorce decree
  • Appeal on maintenance orders
  • Transfer petitions
At a glance

Mutual Consent or Contested?

The two routes under the Hindu Marriage Act, 1955, compared.

AspectMutual consentContested
ProvisionSection 13BSection 13
Who filesHusband and wife jointlyEither spouse
Pre-conditionLiving separately for at least one yearA ground such as cruelty, desertion or adultery
Waiting periodSix months after the first motion; may be waived in suitable casesNo statutory waiting period; depends on trial
EvidenceStatements of both partiesFull trial with witnesses
Usual durationMonthsOften years

Other personal laws have their own provisions and conditions. Waiver of the six-month period: Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746.

Method

Our Process

1

Consultation

2

Choosing the Route

3

Petition

4

Mediation

5

Hearing & Evidence

6

Decree

Legal insight

Mutual Consent vs Contested Divorce in India

An educational guide to the legal differences, court process, documents, waiting period and jurisdiction under Indian law.

Read the guide →

Related Legal Reading & Citizen Guides

Plain-language information connected with this practice area:

More articles on this topic

Queries

Frequently Asked Questions

How long does a mutual consent divorce take?

Usually a few months. After the first motion there is a six-month waiting period, which the court may waive where the parties have been separated for long and have settled everything.

What are the grounds for a contested divorce?

Under the Hindu Marriage Act they include cruelty, desertion for two years, adultery, conversion, and certain forms of mental disorder, among others. The ground must be pleaded and proved with evidence.

Can alimony be settled in one payment?

Yes. In mutual consent divorces a one-time settlement covering alimony and stridhan is common, and is recorded in the decree.

What happens to the children?

Custody and visitation are decided on the welfare of the child. In mutual consent cases, the parents agree on arrangements, which the court records.

I married under the Special Marriage Act. Does the same law apply?

No. Divorce under the Special Marriage Act has its own provisions, including mutual consent under Section 28. We advise on the law that applies to your marriage.

Discuss your matter with the chambers

A clear assessment of your case, and the right remedy in the right forum.

Get in touch

Visit the Chambers

Consultations are by appointment. Send an enquiry or call the chambers to schedule a meeting.

Chambers

Address

Choudhary Law Chambers (CLC)
E-12, First Floor, Krishna Apartment,
Anandpuri, Boring Road, Patna, Bihar 800013

WhatsApp

+91 62041 66690

Hours

Monday to Saturday, 9:00 am – 9:00 pm, by appointment

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