Matrimonial disputes in India are adjudicated under various statutes including the Hindu Marriage Act, 1955, Special Marriage Act, 1954, Indian Divorce Act, 1869, and personal laws of different communities.
Types of proceedings include:

  • Mutual Consent Divorce (Section 13B HMA): requires consent of both spouses and a minimum separation of one year.
  • Contested Divorce: may be sought on grounds of cruelty, desertion, adultery, mental disorder, or other statutory grounds.
  • Restitution of Conjugal Rights (Section 9 HMA): to restore marital relations.
  • Judicial Separation (Section 10 HMA): allows spouses to live apart without dissolving marriage.
  • Custody and guardianship: under the Guardians and Wards Act, 1890 and relevant personal laws.
  • Maintenance: under Section 125 CrPC and personal law statutes.

Family Courts and District Courts exercise jurisdiction over such disputes, with appellate remedies before the High Court.

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