--- title: "Marriage, divorce, maintenance and domestic violence" description: "Marriage, divorce, maintenance and domestic violence: 12 matters, each with the law, forum, procedure, documents and limitation. Mutual consent – Sec.13B…" url: "https://advaslam.com/practice/family-succession/matters/divorce-maintenance/" image: "https://advaslam.com/og.png" --- Family & succession # Marriage, divorce, maintenance and domestic violence 12 matters from the Family & succession index. Each entry sets out the problem, the law, the forum, the procedure, the documents usually needed and the limitation clock. General information only — verify the current position on your facts before acting. **Contents** 1. Mutual consent – Sec.13B HMA / Sec.10A Indian Divorce Act 2. 13B waiver – Amardeep Singh guidelines 3. NRI mutual consent – video / PoA 4. Contested divorce – cruelty 5. Contested divorce – desertion 6. Maintenance – Sec.144 BNSS (ex-125 CrPC) 7. Parallel maintenance coordination 8. DV appeal – Sec.29 PWDV Act 9. DV restraint / quash – Sec.528 BNSS 10. Restitution of conjugal rights 11. Special Marriage / inter-faith procedure 12. Maintenance execution ## Mutual consent – Sec.13B HMA / Sec.10A Indian Divorce Act Both spouses agree to end marriage and need structured procedure. What it involvesJoint petition, statutory separation period, settlement terms. Relevant lawSec.13B Hindu Marriage Act (Sec.10A Indian Divorce Act for Christians; Muslim/ Special Marriage Act parallels). ForumFamily Court Ernakulam (feeder) → Mat.Appeal to HC only on limited grounds. Procedure & stageJoint petition, first motion, second motion, settlement deed (custody/maintenance/property), decree. RemedyDecree by consent with enforceable settlement terms. High Court connectionAppeals on consent-validity / fraud / non-compliance to HC. Documents normally requiredMarriage certificate, address/ID, settlement terms, child-care plan, photos. LimitationStatutory separation period before filing (1 year u/s 13B) + 6-18 month motion gap (waiver track below). **Related:** Waiver, NRI mutual consent. **Is one hearing enough?** No – two-motion procedure applies unless waiver granted. ## 13B waiver – Amardeep Singh guidelines Long separation already over – seeking waiver of 6-month cooling period. What it involvesExceptional hardship / settled separation proof. Relevant lawAmardeep Singh v. Harveen Kaur (2017) – waiver discretion; 2026 practice continues. ForumFamily Court Ernakulam decides; HC reviews refusal in appeal/revision. Procedure & stageWaiver application with separation duration, settlement compliance, mediation attempt record. RemedyEarly second motion and decree. High Court connectionWaiver refusal / legality tested before HC. Documents normally requiredSeparation proof, settlement compliance receipts, mediation report. LimitationSeek with first motion or soon after – no separate limitation. **Related:** NRI mutual consent, contested-cruelty. **Is waiver automatic after long separation?** No – court satisfaction on genuineness and settlement still required. ## NRI mutual consent – video / PoA One/both spouses abroad – physical presence for both motions difficult. What it involvesIdentity verification, voluntariness, enforceable settlement across borders. Relevant lawFamily Courts procedure + HC video-conference norms; PoA limits for consent (personal hearing usually required). ForumFamily Court Ernakulam → HC on validity. Procedure & stageJoint petition, VC request, notarised/apostilled affidavits, settlement with jurisdiction clause. RemedyConsent decree recognised for passport/visa/property follow-through. High Court connectionVC/validity challenges decided by HC. Documents normally requiredPassports, marriage certificate, overseas address proof, settlement draft, PoA if permitted for ministerial acts. LimitationSame 13B timelines; VC slot and attestation lead-time planned early. **Related:** NRI service, guardianship. **Can PoA give consent on behalf of spouse?** Consent itself is personal – PoA covers paperwork, not the decision. ## Contested divorce – cruelty Marriage broken down on cruelty – need pleaded, proved case. What it involvesSpecific instances, corroboration, condonation test. Relevant lawSec.13(1)(ia) HMA (Divorce Act / Special Marriage parallels); cruelty precedents. ForumFamily Court Ernakulam → Mat.Appeal to HC. Procedure & stagePetition with particulars (Or.VI R.4 standard), evidence, counselling/mediation phase. RemedyDecree or dismissal with maintenance/custody ancillaries. High Court connectionMat.Appeal re-appreciation in HC is core docket. Documents normally requiredIncident dates, complaints, medical/counselling records, messages (with Sec.63 BSA certificate). LimitationNo limitation while cause subsists; delay/condonation affects credibility – file without acquiescence. **Related:** DV appeal, custody. **Do single incidents suffice?** Course-of-conduct assessment – plead each instance with date and witness. ## Contested divorce – desertion Spouse left and not returning for years. What it involvesFactum + animus deserendi for 2 years, no consent. Relevant lawSec.13(1)(ib) HMA and parallels. ForumFamily Court Ernakulam → HC Mat.Appeal. Procedure & stagePetition with separation timeline, restitution-notice history, evidence of refusal. RemedyDecree with ancillary reliefs. High Court connectionHC tests animus proof in appeal. Documents normally requiredSeparate-residence proof, notices, travel records, witness statements. Limitation2-year continuous period before filing. **Related:** Restitution, maintenance coordination. **Does filing maintenance prove desertion ended?** No – each proceeding assessed on its own facts. ## Maintenance – Sec.144 BNSS (ex-125 CrPC) Wife / child / parent without sufficient means needs monthly support. What it involvesMeans, needs, dependency. Relevant lawSec.144-147 BNSS; Family Court jurisdiction. ForumFamily Court Ernakulam (Magistrate track as applicable) → revision to HC/Sessions per hierarchy. Procedure & stagePetition with income affidavit (Rajnesh Neha format), interim IA. RemedyMonthly maintenance + litigation costs. High Court connectionRevision on legality/quantum to HC. Documents normally requiredIncome affidavit, salary/bank proof, rent/school receipts, ID. LimitationInterim sought at filing; arrears discipline – prosecute without gaps. **Related:** Parallel-maintenance coordination. **Is employed wife barred?** No – insufficiency, not unemployment alone, is tested. ## Parallel maintenance coordination Simultaneous claims under BNSS + DV + HMA – risk of double counting. What it involvesAdjustment, not duplication. Relevant lawRajnesh v. Neha (SC, 04.11.2020) – disclosure affidavits + adjustment/set-off across parallel maintenance proceedings. ForumFamily Court Ernakulam (all tracks) → HC revision/appeal. Procedure & stageCommon income affidavit in each file, disclosure of other orders, adjustment prayer. RemedyCoordinated total with set-off, not stacked totals. High Court connectionHC corrects double-counting in revision. Documents normally requiredAll prior orders, payment receipts, unified affidavit. LimitationDisclose at filing and update on each new order – suppression invites adverse inference. **Related:** DV-29, HMA maintenance. **Can three forums each grant full amounts?** No – adjustment is mandatory. ## DV appeal – Sec.29 PWDV Act Adverse protection / residence / monetary order from Magistrate. What it involvesDomestic relationship + domestic violence proof. Relevant lawProtection of Women from Domestic Violence Act – Sec.12 reliefs, Sec.29 appeal. ForumJFCM Ernakulam → Sessions appeal (feeder) → HC revision on legality. Procedure & stageAppeal with stay IA, payment compliance on monetary part. RemedyStay/modification/set-aside with conditions. High Court connectionRevision under Sec.442 BNSS, or Sec.528 BNSS (inherent powers) / Art.227 on jurisdictional error. Documents normally requiredDIR, impugned order, residence/shared-household proof, payment records. Limitation30 days from service of Magistrate order (Sec.29) – seek stay immediately. **Related:** 528-restraint, maintenance. **Does appeal stay residence order automatically?** No – express stay needed. ## DV restraint / quash – Sec.528 BNSS DV proceedings alleged as misuse – need restraint within legal limits. What it involvesHigh threshold for interference in protective legislation. Relevant lawSec.528 BNSS (ex-482 CrPC); Art.226/227. ForumHigh Court of Kerala directly. Procedure & stagePetition with complaint/DIR, abuse-of-process demonstration, interim stay prayer. RemedyStay or quash in rare manifest-abuse cases; usually direction for expeditious trial. High Court connectionEntirely HC. Documents normally requiredComplaint, DIR, marriage/residence records, prior orders. LimitationFile promptly – advancing trial weakens stay equity. **Related:** DV-29, cruelty defence. **Is quash routine in matrimonial DV cases?** No – threshold is manifest abuse on admitted record. ## Restitution of conjugal rights Spouse withdrawn without reason – seeking return before divorce. What it involvesBona fide offer vs defence of cruelty/desertion. Relevant lawSec.9 HMA (parallels in other personal laws). ForumFamily Court Ernakulam → HC Mat.Appeal. Procedure & stagePetition with readiness to cohabit, counselling phase. RemedyDecree for restitution; non-compliance founds later divorce ground. High Court connectionHC appeal on bona fides finding. Documents normally requiredCohabitation history, notices, housing readiness proof. LimitationFile before positions harden; limitation not codified – delay affects bona fides. **Related:** Desertion, cruelty. **Can decree force cohabitation?** No – it is declaratory with property/execution consequences, not coercion of personal life. ## Special Marriage / inter-faith procedure Couple needs marriage registration without religious conversion. What it involvesNotice, objections, registration formalities. Relevant lawSpecial Marriage Act, 1954. ForumMarriage Officer Ernakulam; disputes → Family Court → HC writ on illegality. Procedure & stageNotice, statutory wait, solemnisation, certificate. RemedyRegistered marriage with succession/maintenance consequences. High Court connectionNotice/privacy/objection disputes reach HC. Documents normally requiredAge/address/ID proofs, photographs, witnesses. Limitationat least one party's 30 days' residence in the district before notice (S.5) + 30 days from publication before solemnisation (S.7) – plan the wedding timeline accordingly. **Related:** Mutual consent, succession. **Is notice publication mandatory?** Yes – the Marriage Officer enters the notice in the Marriage Notice Book and affixes it in his office (S.6); marriage may be solemnised after 30 days from publication unless objected to (S.7). ## Maintenance execution Maintenance ordered but unpaid for months. What it involvesCoercive recovery with defence opportunity. Relevant lawSec.144(3) BNSS warrant/distress; Family Court execution; salary attachment. ForumFamily Court Ernakulam → HC revision. Procedure & stageExecution with arrears chart, salary/bank attachment, warrant track where warranted. RemedyRecovery with interest/costs direction. High Court connectionQuantum/legality revision to HC. Documents normally requiredOrder, arrears calculation, payer asset/salary details. LimitationClaim within statutory execution discipline – prolonged silence weakens coercion plea. **Related:** Coordination, DV. **Can maintenance be modified later?** Yes on change of circumstances – separate modification IA. 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