Family & Matrimonial Law

A contested divorce before the Family Court typically takes two to four years in Rajasthan depending on the complexity of the issues, the number of witnesses and the court's caseload. Uncontested divorce (by mutual consent under Section 13B of the Hindu Marriage Act) can be completed in six to eighteen months if both parties cooperate.

However, interim orders, including interim maintenance and temporary custody arrangements, can be obtained within weeks of filing and provide immediate practical relief while the main proceedings continue.

Yes. Interim maintenance under Section 24 of the Hindu Marriage Act can be claimed by either spouse during the pendency of divorce proceedings. Maintenance under Section 144 BNSS (formerly Section 125 CrPC) is available before the Magistrate Court independently of any divorce petition and can be obtained relatively quickly. Both provisions are frequently used in combination to ensure financial support during the proceedings.

The welfare of the child is the paramount consideration, not the rights of either parent. Courts examine the emotional bond between each parent and the child, the stability and suitability of each parent's circumstances, the child's schooling and daily routine, and (where appropriate) the child's own wishes.

In practice, courts often grant custody to the mother for younger children while ensuring the father has regular access or visitation. However, no outcome is automatic, each case is decided on its specific facts. Where a child has been removed by one parent without consent, urgent applications for interim custody can be made to the Family Court or High Court.

The Protection of Women from Domestic Violence Act 2005 provides civil remedies to women suffering domestic violence, including physical, emotional, sexual, verbal and economic abuse. Remedies include: protection orders preventing the respondent from committing further acts of violence; residence orders allowing the woman to remain in the shared household; monetary relief for medical expenses and maintenance; and custody orders for children.

DV Act applications are heard by the Magistrate Court. Emergency protection orders can be obtained rapidly. The application can also run alongside criminal proceedings where the violence constitutes a criminal offence under the Bharatiya Nyaya Sanhita 2023.

In mutual consent divorce (Section 13B, Hindu Marriage Act), the parties must attend court on at least two occasions, once to file the joint petition and once after the mandatory six-month cooling-off period to record their continued consent. In contested proceedings, the client's personal attendance is required at specific hearings (particularly evidence and cross-examination), though Prakash Thakuriya attends all other hearings on the client's behalf.

Mediation, whether through court-referred or private mediation, can sometimes resolve even contested family matters without extended litigation, reducing both court appearances and stress.