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Advocate Dinesh Prasad Tiwari handles criminal defense, anticipatory and regular bail, civil property litigation, corporate disputes, cheque bounce proceedings, and High Court writs and appeals.

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You can schedule a consultation by calling +91 8084053629, emailing info@tiwarilaw.in, or filling out the consultation request form on https://tiwarilaw.in.

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Legal consultation and professional assistance are available across India, subject to court jurisdiction, engagement terms, and applicable professional rules.

Advocate Dinesh Prasad Tiwari | Legal Counsel Across India

Legal Procedure for Mutual & Contested Divorce and Maintenance

Comprehensive procedure for mutual consent divorce (Sec 13B), contested divorce, and interim maintenance under Indian law.

Reviewed by: Advocate Dinesh Prasad Tiwari • Published: 2026-07-23 • Last Updated: 2026-07-31

Direct Summary & Core Overview

Divorce in India can be obtained either through Mutual Consent under Section 13B of Hindu Marriage Act (requiring two motions separated by statutory cooling period) or on Contested Grounds such as cruelty, desertion, or adultery.

Applicable Court Jurisdiction

Family Court having jurisdiction over the place where marriage was solemnized or where the couple last resided together.

Relevant Enactments & Statutory Legislation

Hindu Marriage Act 1955 (Section 13, 13B, 24, 25), Family Courts Act 1984, Bharatiya Nagarik Suraksha Sanhita 2023 (Section 144).

Procedural Steps & Sequence

1. Drafting Petition: Mutual consent joint petition or contested petition. 2. First Motion & Counseling: Statement recorded before Family Court Judge. 3. Statutory Waiting Period (6 months - waivable by court). 4. Second Motion Hearing & Final Decree of Dissolution. 5. Determination of Alimony & Child Custody.

Documents Ordinarily Required

Marriage Certificate, Photographs of Solemnization, Income Tax Returns, Assets & Liabilities Affidavit (Rajnesh v. Neha guidelines).

Exceptions, Limitations & Statutory Bars

Divorce petition generally cannot be filed within the first year of marriage except under exceptional hardship orders.

Official Legal Sources & Authorities

Rajnesh v. Neha (2020) SC Mandate on Comprehensive Income Affidavits for Maintenance.

Informational Notice: This publication is provided strictly for educational and legal informational purposes under the rules of the Bar Council of India. It does not constitute legal advice, solicitation, or creation of an attorney-client relationship.

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