Divorce Advocate in Patna
Divorce proceedings conducted with discretion, clear advice on the options, and a settlement-first approach where it is possible.
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.
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
Mutual Consent or Contested?
The two routes under the Hindu Marriage Act, 1955, compared.
| Aspect | Mutual consent | Contested |
|---|---|---|
| Provision | Section 13B | Section 13 |
| Who files | Husband and wife jointly | Either spouse |
| Pre-condition | Living separately for at least one year | A ground such as cruelty, desertion or adultery |
| Waiting period | Six months after the first motion; may be waived in suitable cases | No statutory waiting period; depends on trial |
| Evidence | Statements of both parties | Full trial with witnesses |
| Usual duration | Months | Often 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.
Our Process
Consultation
Choosing the Route
Petition
Mediation
Hearing & Evidence
Decree
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:
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.
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
Phone
+91 62041 66690
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Hours
Monday to Saturday, 9:00 am – 9:00 pm, by appointment