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Understand Your Legal Rights

Understand Your Legal Rights Gain clarity on divorce laws based on your religion (Hindu, Muslim, Christian, etc.) and your rights regarding:

Understanding your legal rights before filing for divorce is the foundation of a successful, informed decision. In India, divorce laws vary significantly based on religion. For example, Hindus follow the Hindu Marriage Act, Muslims are guided by Sharia law and the Dissolution of Muslim Marriages Act, Christians follow the Indian Divorce Act, and inter-faith couples may fall under the Special Marriage Act..

Legal grounds:

Know what qualifies as legal grounds for divorce (e.g., cruelty, adultery, desertion, mental illness, or mutual consent). ✅ Understand if you or your spouse is eligible to claim maintenance or alimony — and what the courts usually consider when awarding it. ✅ Familiarize yourself with your rights over jointly acquired property, stridhan (for women), and ancestral assets (if applicable). ✅ Be aware of who typically gets child custody, how visitation rights work, and how the court prioritizes the child’s welfare..

For Muslim women, knowing about Khula (woman-initiated divorce) and Mehr (dower) is crucial. Christian and Parsi couples have separate sets of rules, and knowing your route helps you file efficiently.

Alimony & maintenance

Financial support one spouse may be legally required to pay the other after separation or divorce, based on income, need, and marital duration.

Child custody

Legal responsibility for the care and upbringing of children after divorce, determined based on the child's best interests including emotional, physical, and educational well-being.

Property division

Refers to how assets and liabilities are split between spouses after divorce, typically based on ownership, contribution, and legal documentation.

Grounds for divorce

Legal reasons accepted by the court to dissolve a marriage, such as cruelty, adultery, desertion, mental illness, conversion, or mutual consent.

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