My marriage has broken down
Most matrimonial cases are decided on documents and on how the first few months are handled, not on how strongly the case is argued later. A mutual consent divorce is faster and cheaper than a contested one, and it is worth testing that route first even when the relationship has ended badly.
Do these first
- Collect the marriage proof, income documents of both sides, and any messages relevant to what happened.
- If a cruelty complaint has been made, do not treat it as something that will resolve itself.
- Where children are involved, keep a record of who has been caring for them day to day. Courts look at continuity.
How the procedure runs
First meeting
Documents, and whether mutual consent is realistically available.
Petition & first motion
Filed before the Family Court; statements recorded.
Waiting period
Six months, waivable by the court in appropriate cases.
Second motion & decree
Statements again, and the decree follows.
Timelines vary with the court and the matter. This is the order of events, not a promise about how long each takes.
What actually decides a matter like this
Not the arguing. These are the things that move the outcome, and most of them are settled long before a hearing.
Whether the three real issues can be agreed
Maintenance, custody and the return of belongings. If those can be settled, a mutual consent petition is faster, cheaper and far less damaging than a contested one — regardless of how badly the marriage ended.
Proved income, not claimed income
Maintenance is not a formula. It comes out of income that can be shown against need that can be shown, which is why bank statements and returns matter more than the arguments made about them.
Who has actually been caring for the children
Courts weigh continuity of care heavily. A contemporaneous record of school runs, medical visits and daily routine is worth more than assertions about who is the better parent.
How the first months are handled
Positions taken early — a complaint filed in anger, a settlement signed in a hurry — shape the rest of the matter and are hard to undo later.
What I will do
- Tell you honestly in the first meeting whether mutual consent is realistically available, and what it would take
- Draft the petition and the settlement terms so they hold — most mutual consent petitions that collapse do so between the two motions, over terms that were left vague
- Appear before the Family Court at Jodhpur for both motions, and for maintenance and custody applications
- Defend or pursue proceedings under BNS 85 and the domestic violence legislation where they are running alongside
- Where the family lives outside Rajasthan, arrange what can be done on a power of attorney and tell you plainly which steps still need you present
What you will need to bring
- Marriage proof — certificate, photographs, or the invitation card
- Income documents of both sides, as far as available
- Proof of separate residence and since when
- A written note of what has already been agreed, and what has not
Mistakes that cost people these cases
- Filing a criminal complaint to gain leverage in the divorce. It ends any realistic prospect of mutual consent
- Agreeing to terms verbally and leaving them out of the petition
- Moving the children out of the city mid-proceedings without an order
- Assuming the second motion can be attended by a relative. Both parties must appear
When you may not need me
If both of you already agree on maintenance, custody and belongings, and neither side has filed anything, the matter may be simple enough that you should first ask what a mutual consent petition would cost you before assuming you need a contested fight.
Matters handled
- Mutual consent divorce
- Contested divorce
- Maintenance and interim maintenance
- Child custody and visitation
- Domestic violence proceedings
Provisions that apply
- HMA 13B — Divorce by mutual consent
- HMA 13 — Contested divorce
- BNSS 144 — Maintenance for wife, children and parents
- BNS 85 — Cruelty by husband or his relatives (earlier 498A IPC)
If this is not your matter
High Court appeals
A lower court has decided against me
Online fraud
Money has gone from my account
Arrest & bail
Someone has been arrested, or an FIR is filed
Property
There is a dispute over land or property
Cheque bounce and money recovery
A cheque has bounced, or someone owes me money
Tell me what has happened
A few lines is enough. If it is urgent — an arrest, a frozen account, a notice with a date on it — call rather than write.