Can a wife claim maintenance during divorce proceedings?

Yes. Interim maintenance can be claimed under Section 24 of the Hindu Marriage Act during proceedings, and independent maintenance under Section 144 of the BNSS (earlier Section 125 CrPC). The Supreme Court in Rajnesh v. Neha (2020) standardised the affidavit-of-assets procedure that Family Courts, including Faridabad, follow for maintenance determination.

Matrimonial · Family Court, Faridabad

Divorce & Family Law in Faridabad

Q: Where is divorce filed in Faridabad?

Divorce petitions for Faridabad are filed before the Family Court, Faridabad, located in the District Court complex at Sector 12. Jurisdiction generally lies where the marriage was solemnised, where the couple last resided together, or where the respondent resides; a wife may also file where she currently resides.

Q: What are the grounds for contested divorce under the Hindu Marriage Act?

Section 13 of the Hindu Marriage Act recognises grounds including cruelty, desertion for two years or more, adultery, conversion, unsoundness of mind, incurable disease, and renunciation. A wife has additional grounds under Section 13(2). Contested divorces in Faridabad commonly take 3 to 5 years through trial.

Q: Where do appeals from the Family Court Faridabad go?

Appeals against decrees of the Family Court, Faridabad lie to the Punjab and Haryana High Court at Chandigarh, which is the High Court for all districts of Haryana including Faridabad.

Last updated: [LAST UPDATED DATE] · General legal information, not legal advice

In short: Divorce in Faridabad is filed before the Family Court in the District Court complex, Sector 12. A mutual consent divorce under Section 13B of the Hindu Marriage Act typically takes 6–18 months; a contested divorce under Section 13 typically takes 3–5 years. Appeals go to the Punjab & Haryana High Court at Chandigarh.

The Chambers of Advocate Manish Sharma handles matrimonial matters before the Family Court, Faridabad and the Punjab & Haryana High Court — including mutual consent divorce, contested divorce, maintenance, child custody, domestic violence proceedings and criminal matrimonial complaints. The information below explains how these matters actually proceed, so that anyone facing a matrimonial dispute understands the law, the court, and the realistic timelines involved.

Mutual consent divorce — Section 13B, Hindu Marriage Act

Where both spouses agree to separate, mutual consent divorce is the fastest and least adversarial route. The legal requirements under Section 13B are: the couple must have lived separately for at least one year, must have been unable to live together, and must mutually agree that the marriage should be dissolved. "Living separately" refers to not living as husband and wife — it is possible even under the same roof.

The process runs in two motions before the Family Court, Faridabad:

First motion: a joint petition is filed with affidavits of both parties. The court records statements and passes the first motion order.
Cooling-off period: the statute prescribes a gap of 6 months (extendable to 18) before the second motion. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held this period is directory, not mandatory — Family Courts can waive it where reconciliation is impossible and all issues (alimony, custody, litigation) are settled.
Second motion: statements are recorded again and the decree of divorce is passed.

Realistic total time in Faridabad: 6–18 months, and shorter where the cooling-off waiver is granted.

Contested divorce — Section 13, Hindu Marriage Act

Where one spouse does not consent, divorce must be sought on statutory grounds under Section 13, which include cruelty (physical or mental), desertion for a continuous period of two years, adultery, conversion to another religion, incurable unsoundness of mind, and renunciation of the world. A wife has additional grounds under Section 13(2). Each ground must be pleaded and proved through evidence and cross-examination.

A contested divorce proceeds through written statement, framing of issues, evidence of both sides, final arguments and judgment. In the Family Court, Faridabad, a contested matter typically takes 3–5 years, with interim applications — maintenance, custody, injunctions — decided along the way. Decrees are appealable to the Punjab & Haryana High Court at Chandigarh within the limitation period.

Maintenance and alimony

Maintenance operates on three tracks, which can run simultaneously:

Interim maintenance under Section 24 HMA — payable during the pendency of the divorce itself, to either spouse without independent income.
Maintenance under Section 144 BNSS (earlier Section 125 CrPC) — an independent proceeding available to a wife, children and parents, filed before the Family Court.
Permanent alimony under Section 25 HMA — fixed at the time of the decree, as a lump sum or monthly amount.

Following Rajnesh v. Neha (2020), both parties must file a standardised affidavit of assets and liabilities, and courts consider income, standard of living, and the duration of marriage in fixing amounts.

Child custody

Custody is decided on the sole test of the welfare of the child, under the Guardians and Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956. Faridabad's Family Court can grant physical custody to one parent with visitation to the other, or shared arrangements. Custody orders are never final — they can be modified as the child's circumstances change.

Domestic violence and Section 85 BNS (earlier 498A IPC)

Matrimonial disputes frequently involve parallel proceedings: complaints under the Protection of Women from Domestic Violence Act, 2005 (residence, protection and monetary orders before the Magistrate) and criminal complaints for cruelty under Section 85 of the Bharatiya Nyaya Sanhita (earlier Section 498A IPC). These proceed independently of the divorce and require separate defence or prosecution strategy. Anticipatory bail in such matters is dealt with on the bail practice page.

The Family Court, Faridabad — practical details

The Family Court sits within the District & Sessions Court complex at Sector 12, Faridabad. Matrimonial jurisdiction generally lies where the marriage was solemnised, where the parties last resided together, or where the respondent resides; after the 2003 amendment to Section 19 HMA, a wife may also file where she presently resides. Case status for any Faridabad matter can be checked on the eCourts portal using the CNR number — explained in our Legal Knowledge library.

Frequently asked questions

How long does mutual consent divorce take in Faridabad?

Typically 6–18 months under Section 13B HMA, including the statutory 6-month cooling-off period between motions. The Supreme Court has held the cooling-off period can be waived in appropriate cases, which can shorten this considerably.

Where is divorce filed in Faridabad?

Before the Family Court, Faridabad, in the District Court complex at Sector 12. Jurisdiction depends on where the marriage took place, where the couple last lived together, or where the respondent — or, for a wife filing, the wife herself — resides.

What are the grounds for contested divorce?

Cruelty, desertion for two years, adultery, conversion, unsoundness of mind, incurable disease and renunciation, under Section 13 HMA, with additional grounds for a wife under Section 13(2). Contested matters typically take 3–5 years through trial.

Can maintenance be claimed while the divorce is pending?

Yes — under Section 24 HMA during the proceedings, and independently under Section 144 BNSS. Both parties file an affidavit of assets and liabilities per Rajnesh v. Neha (2020).

Where do appeals from the Family Court Faridabad go?

To the Punjab & Haryana High Court at Chandigarh, which is the High Court for all Haryana districts including Faridabad.