Question 1

Who can claim maintenance under Section 125 CrPC (now Section 144 BNSS)?

Accepted Answer

A wife (including a divorced wife who has not remarried), minor children whether legitimate or illegitimate, a major child unable to maintain themselves due to a disability, and parents unable to support themselves can claim maintenance. Since 1 July 2024 the provision is Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 125 CrPC; the substance is unchanged.

Question 2

On what basis is alimony or maintenance decided after a divorce in India?

Accepted Answer

There is no fixed formula — it is discretionary and decided on the facts of each case. Courts weigh both spouses' income and assets, the gap between them, the standard of living during the marriage, the claimant's reasonable needs, the length of the marriage, and age, health and child-care responsibilities.

Question 3

How much alimony is payable, and is it possible in a mutual-consent divorce?

Accepted Answer

There is no fixed percentage. In a contested matter the court decides on the factors above; in a mutual-consent divorce, alimony is whatever both spouses agree — a one-time lump sum, monthly maintenance, or even nil — but it must be written into the settlement terms the court records.

Question 4

Do working women get maintenance after a divorce?

Accepted Answer

Being employed does not automatically bar maintenance; it is one factor that is weighed. Where there is a significant income disparity between the spouses, a working woman can still be awarded maintenance.

Question 5

How long does a mutual-consent divorce take?

Accepted Answer

It is filed under Section 13B of the Hindu Marriage Act (Section 28 of the Special Marriage Act for civil or inter-faith marriages) and runs in two motions with a statutory cooling-off period of up to six months. The Supreme Court has held that this period can be waived in deserving cases, so where both parties fully cooperate and terms are settled, the process can move considerably faster.

Question 6

What if my spouse does not pay maintenance promised before the mutual divorce?

Accepted Answer

The key question is whether the commitment is recorded in the decree or settlement the court accepted. If it is, you can enforce it — typically by filing an execution petition before the relevant court — and wilful non-compliance can carry further consequences.

Question 7

Can I file a restitution of conjugal rights case against my spouse?

Accepted Answer

Yes. Section 9 of the Hindu Marriage Act lets either spouse petition the district court for restitution of conjugal rights when the other has withdrawn from the relationship without reasonable cause. It is worth being realistic about what such a decree achieves in practice.

Question 8

How can I get my streedhan back from my in-laws?

Accepted Answer

Streedhan — the gifts, cash and jewellery given to you before, during or after marriage — is your absolute property, and your in-laws have no right to keep it. List every item with whatever proof you have (photos, bills, gift records, bank or locker statements), send a written demand, and you can pursue recovery through both civil and, where there is wrongful retention, criminal remedies.

Question 9

When can a father claim child custody in India?

Accepted Answer

Custody is governed by the Guardians and Wards Act, 1890 and, for Hindus, the Hindu Minority and Guardianship Act, 1956, but the deciding test is always the welfare and best interests of the child — not which parent “wins.” A father is a natural guardian and can seek custody or structured visitation.

Question 10

What steps are involved in filing a domestic violence case?

Accepted Answer

The Protection of Women from Domestic Violence Act, 2005 protects any woman in a shared household and covers physical, emotional, sexual and economic abuse. You can approach the Protection Officer, a registered service provider, or file directly before the Magistrate, and seek protection, residence, maintenance and custody orders.

Question 11

How can I get anticipatory bail?

Accepted Answer

Anticipatory bail is pre-arrest protection for someone who genuinely fears arrest in a non-bailable case. Since 1 July 2024 it is governed by Section 482 of the BNSS (which replaced Section 438 CrPC). The application is made in the Sessions Court and, if refused, can be moved before the High Court.

Question 12

What can a person do if framed in a false case such as 498A?

Accepted Answer

Stay calm, do not approach the complainant directly, and consult a criminal lawyer early. The offence (now Section 85 of the Bharatiya Nyaya Sanhita, which replaced IPC 498A) can lead to arrest, so anticipatory bail should be considered promptly, and evidence that rebuts the allegations should be preserved.

Question 13

Can an FIR be quashed after anticipatory bail is granted?

Accepted Answer

Yes — they are two separate remedies. Anticipatory bail only protects you from arrest; it does not end the case. Quashing the FIR is done by the High Court using its inherent powers under Section 528 BNSS (which carries forward Section 482 CrPC), and having bail does not bar that petition.

Question 14

An FIR has been registered under Sections 406, 420 and 120B — what is the immediate priority?

Accepted Answer

Those offences (criminal breach of trust, cheating and criminal conspiracy, now under the Bharatiya Nyaya Sanhita) are non-bailable, so the immediate priority is protection from arrest: apply for anticipatory bail before the Sessions Court (or High Court) while the defence is built.

Question 15

Can I be arrested the moment a cheque bounces?

Accepted Answer

No. A cheque bounce under Section 138 of the Negotiable Instruments Act is a criminal offence (up to two years and/or fine), but the case proceeds by summons — the court calls you to appear, not the police to arrest you. A warrant risk arises mainly if you ignore the court's summons.

Question 16

How do I file a cheque-bounce case under Section 138?

Accepted Answer

The timeline is strict. From the date on the bank's cheque-return memo you have 30 days to send a written demand notice; the drawer then gets 15 days to pay. If they do not, you can file the complaint within 30 days of that window closing, before the appropriate Magistrate.

Question 17

How do I strengthen a cheque-bounce case when the cheque was issued to me?

Accepted Answer

As the holder, the law starts in your favour: once you prove the cheque was signed and issued, Section 139 presumes it was for a legally enforceable debt and the burden shifts to the drawer. Keep the basics airtight — the dishonour memo, the demand notice sent within time, and proof of the underlying debt.

Question 18

How do I file a consumer complaint in India?

Accepted Answer

Under the Consumer Protection Act, 2019 you can complain about a defective product or a deficiency in service. Choose the forum by claim value: the District Commission up to Rs 50 lakh, the State Commission from Rs 50 lakh to Rs 2 crore, and the National Commission above Rs 2 crore. Complaints can be filed online through the e-Daakhil portal, and you may represent yourself.

Question 19

Do I have consumer rights on an out-of-warranty product that turns out defective?

Accepted Answer

Warranty expiry does not automatically end your rights. If the fault is an inherent manufacturing defect, or there is an unfair trade practice or misrepresentation, the product-liability provisions of the Consumer Protection Act, 2019 may still allow you to proceed before the consumer commission.

Question 20

How long does a consumer complaint against a builder's delayed possession take?

Accepted Answer

The Act aims for time-bound disposal, but real timelines depend on the commission's backlog and whether the builder contests — many take a year or more. On the merits, delayed possession is a well-established deficiency in service for which buyers regularly obtain relief.

Legal Questions, Answered in Plain English

Divorce, Maintenance & Family Law