Frequently Asked Questions

Considerably longer than a mutual consent matter — commonly two to five years, depending on the complexity of the evidence, the conduct of the parties, and the cause list of the court concerned. Matters that settle mid-way conclude much sooner.

Cruelty is not confined to physical violence. Courts have accepted persistent humiliation, false criminal complaints, refusal of marital relations without cause, and sustained mental harassment as cruelty. It is judged on the effect on the particular petitioner.

Yes, and it frequently is. If the parties reach terms at any stage, the contested petition can be withdrawn and a joint petition filed, which is faster, cheaper and far less damaging for everyone involved.

Judicial separation does not dissolve the marriage. The parties remain legally married but are relieved of the obligation to cohabit. It suits spouses who want distance and legal protection without ending the marriage.

Yes. If the parties resume cohabitation, the decree can be rescinded on application to the court. Many couples use the period of separation to consider reconciliation.

Yes. Where there has been no resumption of cohabitation for one year or more after the decree, either party may petition for divorce on that ground.

Judicial Separation does not dissolve the marriage and the status of the spouse remains legally wedded but by way of a court order, both stay separated with certain obligations towards each other. Divorce is the legal recognition of the end of your marriage. A divorce can be granted by the Family Court.

You can if the separation or divorce is relatively amicable. The best way of divorce without allegation and counter allegation is mutual consent divorce.

You’re bound to have lots of questions about how the legal process works and what your outcome might look like. Questions for a Lawyer can include:

Under Section 9 of the Hindu Marriage Act, where a spouse has withdrawn from the society of the other without reasonable cause, the aggrieved party may petition the court for an order directing the resumption of cohabitation.

Non-compliance for one year or more after the decree becomes a ground for divorce. The decree itself is not enforced by force; it establishes the legal position between the parties.

Yes. A similar remedy exists under the Special Marriage Act and other personal laws. The right forum and provision depend on the law under which the marriage was solemnised.

She can, but her own income is taken into account. Courts have held that a qualified and earning wife is not automatically entitled to maintenance, though she may still receive supportive maintenance where there is a significant disparity in income and standard of living.

Under Section 24 of the Hindu Marriage Act, maintenance pendente lite is available to either spouse. In practice such claims are less common, but a husband genuinely unable to maintain himself can apply.

The order is enforceable. Recovery can be sought by attachment of salary or property, and continued default under Section 125 CrPC can result in a warrant and even imprisonment until the arrears are cleared.

There is no fixed statutory age. Courts generally give weight to the preference of a child mature enough to form an intelligent opinion — often from around nine years — but the stated preference is one factor among many, never decisive on its own.

No. For children of tender years, typically under five, custody is usually with the mother. Beyond that, the court decides purely on welfare, and fathers do obtain custody where the facts support it.

Yes. Custody orders are never final in the way a decree of divorce is. If circumstances change materially — relocation, remarriage, neglect, or the child's own changing needs — either parent can apply for modification.

After a divorce, either parent holds the right to seek child custody. When neither parent seeks custody, maternal or paternal grandparents or relatives may claim custody. There are situations where the court appoints a third party to handle custody matters. In all cases, the Family Court prioritizes the minor child’s welfare, especially in custody disputes.

The court determines custody based on various case-specific factors, always ensuring the child’s welfare. The court considers the child’s expressed wish, if possible, and overall well-being. There’s no fixed formula for custody; it’s decided case by case.

In several jurisdictions, grandparents or relatives can seek custody or visitation rights in specific circumstances. The court evaluates this if it benefits the child and if there’s a substantial reason like the parent’s incapacity to care for the child adequately. However, laws change by location, so seeking advice from a knowledgeable lawyer in your area is advisable.

In India, joint custody can function even if parents live far apart, but it comes with challenges. Careful planning of visits during extended holidays or breaks is crucial to ensure the child spends time with both parents. Regular communication via phone or video calls is also essential. The focus remains on granting the child time with both parents, regardless of the distance. Our Services

Eligibility depends on the law applied. Under the Juvenile Justice Act and CARA guidelines, prospective parents must be physically, mentally and financially stable, and meet the prescribed age criteria relative to the child.

Timelines vary with the route chosen and the availability of a referral. Registration, home study, referral and acceptance, followed by the court order, commonly take several months to over a year.

Advocate Rajiv Rajpurohit is widely regarded as one of the best criminal advocates in Ahmedabad, known for his strong courtroom presence, high success rate in bail applications, and strategic handling of both simple and complex criminal cases. The fee depends on the nature of the case (bailable/non-bailable), court level (Magistrate, Sessions, High Court), and urgency. Advocate Rajiv Rajpurohit offers competitive, transparent fee structures and discusses all charges clearly during the initial consultation.

The best criminal lawyer in Ahmedabad should possess a recognized law degree and be duly registered with the Bar Council of India. Beyond academic credentials, a strong track record of handling criminal cases – such as bail matters, FIR quashing, and trial defense – is essential. In-depth knowledge of Indian Penal Code (IPC), procedural laws, and local court practices is a must. If you’re a victim of a false FIR, Advocate Rajiv Rajpurohit can file a petition under Section 482 of the CrPC in the Gujarat High Court to seek FIR quashing. He has handled numerous such cases and provides solid legal strategies based on evidence, timelines, and procedural grounds.

He handles a wide range of cases, including:

A criminal case begins with the arrest of the accused, either with a warrant or based on evidence. The person is then booked at the police station, and their rights are explained. Police conduct an investigation by collecting evidence and recording statements. Based on the findings, charges may be filed, followed by a bail hearing. If the case proceeds to trial and the accused is found guilty, sentencing is done as per the law. Block-B, Office No. 518, Money Plant High Street, Jagatpur Road, Sarkhej ? Gandhinagar Highway, Near. BSNL Office, Gota, Ahmedabad, Gujarat-382470 Email :

Advocate Rajiv Rajpurohit has now almost ten years of experience and has completed many divorce and other cases Your privacy is of utmost importance to us. All your discussions with the lawyer are 100% confidential You can talk about any legal requirement or situation you want to. If you have any specific questions on the legal process or need to understand documents or forms, or need to understand legal terms and phrases. You can also ask for strategic, or discussions on possible outcomes. Block-B, Office No. 518, Money Plant High Street, Jagatpur Road, Sarkhej ? Gandhinagar Highway, Near. BSNL Office, Gota, Ahmedabad, Gujarat-382470 Email :

Your privacy is of utmost importance. All discussions with the advocate are one hundred percent confidential.

Any legal requirement or situation you want to. Specific questions on the legal process, help understanding documents, forms or legal terms, and discussion of strategy and possible outcomes are all covered.

The law firm by Rajiv Rajpurohit has got the best panel of effective and resourceful NRI lawyers who are efficient in providing some of the fastest NRI legal services such as NRI divorce etc. Therefore, if you’re an NRI and stuck with any sort of legal work in India, you can contact with our team and we’ll get it done for you without any hassle and in the most cost-effective and less tiresome way. The parties must not provide any grounds for divorce if the divorce is by mutual consent. The husband and wife should be residing separately for at least one year or more before filing for mutual consent divorce. However, separation can be in case even if you have been staying under one roof but not performing a matrimonial obligation. Both are in agreement that they cannot stay with each other and wish to obtain a divorce. On the Grounds – NRI, when Contested otherwise. Enters into sexual relationship/adultery with another individual Has leprosy which cannot be cured Converts to a different religion Has become mentally unsound such that no treatment can assist him Repudiation of child matrimony Has venereal illness Leaves for more than two years Has departed for more than seven years Inflicts physical or mental brutality on the wife Has renounced the world and converted into a saint All other grounds mentioned in the provision of law 3. What is a process of mutual consent divorce for non-residential Indians (NRI) The First Step is to appoint a power of attorney. The power of attorney can be any person a family member, friend, relative or known, who is in India and can remain present on your behalf for signing the documents at the time of filing mutual consent divorce. The second step is once the formalities of Power of attorney are completed the Divorce Petition can be scheduled for filing in the respective Family Court. Once after filing, there is an affidavit called examination-in-chief which needs to be signed by the spouse residing abroad. That has to be Apostille from the respective department in a foreign country. Your advocate submits the affidavit before the judge and thereafter Hon’ble Court schedule Video Conference. The Hon’ble Court will pass an order and Decree.

That divorce obtains in a foreign country is not conclusive as per section 13 of the Code of Civil Procedure, if it is not as per the provision. Section 13:- A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim to litigate under the same title (a) where it has not been pronounced by a Court of competent jurisdiction; (b) where it has not been given on the merits of the case; (c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of 1 [India] in cases in which such law is applicable; (d) where the proceedings in which the judgment was obtained are opposed to natural justice; (e) where it has been obtained by fraud; (f) where it sustains a claim founded on a breach of any law in force in 1 [India]. We attempt to serve and help our clients in the end-to-end process involved in getting mutual consent for divorce. We also ensure that the cost involved in the litigations gets minimized. We are bound towards efficient and effective legal service

In most NRI matters, no. Appearance can generally be managed through a duly executed power of attorney and, where the court permits, by video conference. Personal appearance is occasionally directed at the final motion.

Not always. Under Section 13 of the Civil Procedure Code, a foreign judgment is not conclusive where it was not pronounced by a court of competent jurisdiction, was not given on the merits, or was obtained contrary to natural justice.

Take advice immediately. Options include contesting through a power of attorney holder, seeking transfer of the matter, or negotiating a settlement. Ignoring Indian proceedings can result in an ex-parte order against you.

Where a matrimonial case needs to be transferred from a court in one state to a court in another state, the transfer petition has to be filed before the Supreme Court of India.

If the case needs to be moved from a court in one city or town to another within the same state, the transfer application lies before the High Court of that state.

Commonly the difficulty and expense of travel for a wife with young children, health conditions, safety concerns, or the convenience of parties and witnesses. Each petition is decided on its own facts.

In domestic violence cases without physical evidence, other types of proof can be crucial: Verbal Accounts: Your testimony and witness statements hold weight. Medical Records: Records showing emotional distress can support your case. Documentation: Messages or calls displaying abuse can be evidence. Expert Support: Testimony from therapists or counselors can be influential. Patterns of Behavior: Consistent abuse over time strengthens your case. Police Reports: Official reports create a record of incidents. While physical evidence is strong, these forms of proof can still validate your case and support your claims in court.

Yes, absolutely. In cases of domestic violence, regardless of gender, the law protects all individuals. If a husband is a victim of domestic violence perpetrated by his wife, he has every right to take legal action. Laws against domestic violence apply irrespective of gender, and seeking legal help is crucial to ensure safety and proper legal recourse.

LGBTQ individuals can face domestic violence, just like anyone else. It can happen in relationships, no matter their sexual orientation or gender identity. Sometimes, they might find it harder to get help due to discrimination or lack of support that understands their specific situation. But it's important to know that support is available for everyone who needs it.

You aren't required to be married to receive assistance from the Domestic Violence Act of 2005. This law safeguards not just married individuals but also those in different domestic relationships, like live-in partners, family members, siblings, parents, and children, offering protection to a wider range of people beyond marital status.

Sure! If a parent has hurt someone in the family before, the court might not let them see the child to keep the child safe. They always think about what's best for the child's safety.

Once the remedies below have been exhausted - typically through a Special Leave Petition against a High Court order, an appeal, or a transfer petition under Section 25 CPC. Constitutional questions arising in a matrimonial matter can also be carried to the Supreme Court.

Where one party cannot practically attend proceedings in another state, the Supreme Court can transfer the case to a more convenient court. It is commonly sought on grounds of distance, safety, health or childcare responsibilities.

Yes. The six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act can be waived where the court is satisfied that the marriage has irretrievably broken down and all issues between the parties are settled.

Broadly: the marriage certificate, identity proof of both parties, passports for NRIs, the order or petition from the lower court or High Court, affidavits, address proof, photographs, proof of income for maintenance claims, and the child's birth certificate in custody matters.

No. Advocate Rajiv Rajpurohit appears on your behalf and represents clients from Ahmedabad, Delhi, Mumbai, Bangalore, Hyderabad, Chennai and overseas. You are kept updated at each stage without attending in person.

It is an application asking the High Court to move a pending case from one court to another within the same state, usually under Section 24 CPC, where attending the present court is genuinely difficult or unsafe.

Common grounds include matrimonial and family disputes, harassment or safety concerns, financial or social disadvantage, and requests by female petitioners to have the matter heard in their home jurisdiction.

A copy of the pending case, FIR, order or summons; identity proof; medical records where health is a ground; an affidavit stating the reasons for transfer; and supporting documents evidencing the inconvenience or threat.

Yes. Where the other party has filed a transfer petition without proper grounds, it can be contested with supporting evidence. Both filing and defending such petitions are handled.

Timelines vary with the High Court's board and the facts of the matter. A well-drafted petition with clear supporting evidence is the single biggest factor in a quick and favourable outcome.

If one spouse is not ready to sign divorce papers it is considered a contested divorce. In this, there is an involvement of the court and both parties present their cases and the judge makes a decision on an issue like asset division and child custody if there is a child. Secondly, couples may pursue negotiation or mediation to reach a mutual agreement. You have to give legally required time to your partner to sign divorce papers.

Compensation depends on various factors such as the financial situation of both spouses, the duration of the marriage, the standard of living during the marriage, contributions made by the wife to the household, and any agreements reached between the parties. So there is no fixed amount of compensation provided to a divorced wife. It is important to take advice from professional divorce lawyer like Rajiv Rajpurohit to understand all the factors influencing the calculation of alimony in divorce cases.

The time period of divorce depends on different factors. If there is a mutual consent divorce then it takes around six months because in this settle terms such as alimony, child custody, and property division can finalized already. In a contested divorce where on spouse is not ready to take a divorce then disputes regarding terms like alimony, child custody, or property division, the process can be significantly longer and duration of this type of divorce can depends on the complexity of the case.

Yes, Electronic Evidence like Whats App chat, Recording, Screen Shots, Emails, Video are valid in court. Subject to authenticity and proving electronic evidence always valid in law as per the Indian Evidences Act, 1872 sections 65 and 65 (B) are relevant provisions, which deal with the authenticity and proving the electronic documents as per Indian Evidence Act, 1872. Section 14 of the Family Court Act, 1984 is also relevant. In divorce cases, it is always advisable that one keep the source safe to prove the adultery or mental or physical or verbal cruelty, if one does not have direct evidence there can be circumstantial evidence. A divorce lawyer also should be enough to know the technical part involved in proving electronic evidence.

Yes. Advocate Rajiv Rajpurohit appears across Gandhinagar and Gujarat, and local familiarity with the court and its procedure is a real advantage in how quickly a matter moves.

Consultations are private, judgment-free and usually arranged straight away - in person at the Ahmedabad office, by phone, or over video if you are outside Gujarat or abroad.

Both. Mutual consent matters are streamlined for the quickest possible resolution, and contested matters involving custody, property or maintenance disputes are argued in full.

Besides divorce - domestic violence, maintenance and alimony, child custody, adoption, restitution of conjugal rights, and transfer petitions in the High Court and Supreme Court.

Yes. Everything discussed is treated in complete confidence, which is why clients are able to speak openly from the very first consultation.

The family court system in India is a specialized court that deals with family-related matters such as divorce, child custody, maintenance, and property disputes.

The family court handles cases related to marriage, divorce, maintenance, custody of children, and division of property.

It is not mandatory to hire a lawyer to file a case in the family court. However, it is recommended to seek legal advice as family law can be complex.

The time taken to get a divorce in the family court depends on various factors such as the complexity of the case, availability of evidence, and willingness of parties to negotiate.

Mediation is a process where a neutral third party facilitates communication between parties to help them reach a mutually acceptable solution.

Yes. Advocate Rajiv Rajpurohit regularly acts for non-resident Indians. A power of attorney lets a representative of your choice appear for you, and the court can permit your attendance by video conference where required.

Both parties must agree to the divorce and the related terms, both must sign the petition, either or both parties living abroad must execute a power of attorney, the appointed representatives must attend the proceedings, and the party abroad must be available by video conference as required.

Jurisdiction is the first issue resolved in any NRI matter. It generally turns on where the marriage was solemnised, where the parties last resided together, and where the respondent resides. This is assessed before anything is filed.

Tracing and valuing assets held in different countries is one of the harder parts of an NRI matter. Each case is assessed on its own facts so that the division is fair and the orders obtained are enforceable.

Serving notice on a spouse abroad follows a prescribed procedure and is a frequent cause of delay when handled incorrectly. It is dealt with properly at the outset so the matter is not held up later.

Typically, 2'3 years. With complete documentation and proactive legal strategy, the timeline can be shortened.

Yes. Courts decide custody based on the child's best interests, not just financial status.

Marriage certificate, joint petition, proof of separation, income documents, and agreements on custody and alimony.

Not always. It depends on the length of marriage, income difference, and living standards during the marriage.

Yes. Proper procedures for serving notice and jurisdictional clarity are required, which I handle efficiently.

Fees depend on complexity. Mutual divorces are generally lower in cost. Transparent pricing is discussed in your first consultation.