Family Court, Patiala
Divorce and Matrimonial Matters
Matrimonial disputes rarely involve a single proceeding. A divorce petition frequently runs alongside maintenance, custody, and proceedings under the Domestic Violence Act or Section 85 BNS.
How it ordinarily proceeds.
The usual course is set out below. Individual matters vary with the facts, the sections invoked and the court's board.
- 01Understanding the positionWhat proceedings exist already, on either side, and what the practical objective is — separation, maintenance, custody, or settlement of all of it together.
- 02Mutual consent, where possibleUnder Section 13B a joint petition is filed, followed by a second motion. The statutory interval between motions may be waived by the court in appropriate cases.
- 03Contested proceedingsWhere consent is not forthcoming, a petition under Section 13 is filed on the ground made out — cruelty, desertion or otherwise.
- 04Interim applicationsMaintenance and interim custody are usually pressed early, since final disposal takes time.
- 05Connected criminal proceedingsWhere a complaint under Section 85 BNS or the DV Act exists, it is dealt with alongside, including anticipatory bail where required.
- 06Settlement and quashingWhere the parties settle, the terms are recorded and connected criminal proceedings may be taken to the High Court for quashing.
Common questions
Questions that come up.
How long does a mutual consent divorce take?
The statute contemplates an interval between the first and second motion. The court has power to waive it where the parties have already been separated for a long period and the settlement is genuine. Timelines vary with the court's board.
Can matters be handled if I live abroad?
Yes. Matrimonial matters involving a spouse resident overseas are handled, including representation through a power of attorney and service of summons abroad, subject to what the court directs in the particular case.
Is maintenance decided separately from divorce?
Maintenance can be claimed under Section 144 BNSS independently, and also under Sections 24 and 25 of the Hindu Marriage Act within the divorce proceedings. Both routes exist.
What happens to a Section 85 BNS complaint if we settle?
Criminal proceedings do not end automatically on settlement. A petition is moved before the High Court for quashing, and the compromise is verified before the proceedings are set aside.
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