Marriage, Divorce & Domestic Violence Rights
When you are considering divorce, seeking maintenance, facing domestic violence, or dealing with custody of children
Your rights
7 rights, every one grounded in a specific statutory section.
Right to seek divorce on specified grounds — under the Hindu Marriage Act, either spouse may petition for divorce on grounds including adultery, cruelty, desertion (2 years), unsoundness of mind, conversion, leprosy, venereal disease, renunciation, or presumed death. Mutual consent divorce is also available.
HMA s. 13Hindu Marriage Act 1955 s.13 — grounds for divorce; divorce by mutual consent (s.13B)Right to maintenance pendente lite (during the divorce proceedings) — either spouse may apply for interim maintenance and litigation expenses while the divorce petition is pending.
HMA s. 24Hindu Marriage Act 1955 s.24 — maintenance pendente lite and expenses of proceedingsRight to protection from domestic violence — any aggrieved woman can file an application for protection orders, residence orders, monetary relief, and custody orders under the DVA. This right exists regardless of whether criminal charges are filed.
DVA s. 12Protection of Women from Domestic Violence Act 2005 s.12 — application to Magistrate for reliefRight to reside in the shared household — a woman in a domestic relationship cannot be dispossessed from the shared household (even if she does not own it) without a court order.
DVA s. 17DVA 2005 s.17 — right to reside in shared household; eviction without court order prohibitedRight to emergency protection orders within 1 working day — the Magistrate can pass a temporary protection order on the same day as the application if the situation is urgent.
DVA s. 18DVA 2005 s.18 — protection orders; prohibiting respondent from committing further acts of domestic violenceRight to monetary relief under DVA — the Magistrate may order the respondent to pay for losses suffered including medical expenses, loss of earnings, and damage to property.
DVA s. 20DVA 2005 s.20 — monetary relief; maintenance; compensation for injuries sufferedRight to interim custody — the Magistrate can pass interim custody orders for children under DVA in favour of the aggrieved person.
DVA s. 21DVA 2005 s.21 — custody orders for children
Your duties
What you must do so the law is on your side.
Preserve all evidence of domestic violence — photographs of injuries, medical records, audio/video recordings (where legally obtained), and witness details.
Comply with all court orders (maintenance, custody, protection) — non-compliance attracts contempt proceedings.
DVA s. 31DVA 2005 s.31 — penalty for breach of protection orderAttend all scheduled court hearings — missing a hearing can result in adverse ex-parte orders.
Do say
- ·“I am filing an application under DVA 2005 s.12 for protection orders, residence order, and monetary relief.”
- ·“Under HMA s.24, I am entitled to interim maintenance and litigation costs while proceedings are pending.”
- ·“I require a Protection Officer to be assigned to assist me in filing my DVA application.”
- ·“I want to pursue divorce on grounds of cruelty under HMA s.13(1)(ia) / SMA s.27 — please provide me with a copy of the petition draft.”
- ·“I am entitled to reside in the shared household under DVA s.17 — please do not dispossess me without a court order.”
Do not say
- ·Do not leave the shared household under pressure alone — this may affect your right to residence under DVA; consult a lawyer first.
- ·Do not sign any settlement or divorce deed without fully understanding its terms — once signed, it may bar further claims for maintenance.
- ·Do not make statements or social media posts about the case that could be used against you in court.
- ·Do not allow access to or destruction of any evidence — preserve all documents, messages, and medical records.
Get a lawyer immediately if
- ·If you face immediate physical danger — call 112 (police) or 181 (women's helpline) immediately. Do not wait for legal process.
- ·If you are being dispossessed from the shared household — file for a residence order under DVA s.17 immediately and consult a lawyer.
- ·If the other party refuses to follow a court order — file for breach under DVA s.31; consult a lawyer immediately.
- ·Note: DVA protections apply specifically to women. For men facing domestic violence, remedies may be available under BNS and CrPC provisions — consult a lawyer for your specific situation.
- ·Note: Hindu Marriage Act applies to Hindus, Buddhists, Sikhs, and Jains. Muslims, Christians, Parsis, and others have different personal law — consult a lawyer for the applicable law.
- ·If child custody is disputed — courts prioritise the welfare of the child; consult a lawyer before taking any unilateral action regarding custody.
Emergency contacts
National helplines available 24/7.
- Women's Helpline181
- Police Emergency112
- National Commission for Women7827170170
- National Legal Services Authority15100
Statutory references
Every right and duty above is anchored in one of these.
- HMA s. 13Grounds for divorce under Hindu Marriage Act; s.13B mutual consent
- HMA s. 24Maintenance pendente lite and expenses of proceedings
- SMA s. 27Grounds for divorce under Special Marriage Act 1954
- DVA s. 12Application to Magistrate for relief under DVA
- DVA s. 17Right to reside in shared household
- DVA s. 18Protection orders against domestic violence
- DVA s. 20Monetary relief including maintenance
- DVA s. 21Interim custody orders for children
Need this in an emergency?
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Get the mobile app →Not legal advice. This guide is a citation-grounded reference, not a substitute for a lawyer. If your rights have been violated or you need to act on something specific, consult an advocate. We do not connect citizens to lawyers (BCI Rule 36 compliant).
Every right and duty above maps to a section of an Indian statute. We do not generate legal text — every quoted citation is sourced from BNS / BNSS / BSA / Constitution / the relevant special Act and verified before publication.