Under Section 13B of the Hindu Marriage Act, there is a statutory 6-month cooling-off period between First and Second Motions. However, following the Supreme Court Amardeep Singh ruling, courts can WAIVE this 6-month period, enabling divorce within 2 to 4 weeks.
Divorce & Alimony
Strategic representation in Mutual Consent Divorce, Contested Divorce, and permanent alimony settlements.
Family Law
Strategic representation in Mutual Consent Divorce, Contested Divorce, and permanent alimony settlements.
Divorce proceedings involve vital questions regarding dissolution of marriage, permanent alimony, division of matrimonial assets, and child custody. Choosing the right legal strategy is essential to avoid years of traumatic litigation.
Bail & Trial provides discreet, empathetic, and formidable family law advocacy. We assist clients in fast-tracking Mutual Consent Divorce (Section 13B HMA), litigating Contested Divorce, and negotiating fair lump-sum alimony settlements.
Divorce & Matrimonial Settlement Advisory
Mutual consent divorce fast-tracking, contested divorce trials, and alimony negotiation.
- Section 13B Mutual Consent Fast-Track
- Contested Divorce (Cruelty, Desertion)
- Lump-Sum Alimony & Asset Division
Our Expertise
Our Expertise in Divorce Law
Guiding clients through marriage dissolution with dignity, speed, and financial security.
Mutual Consent Divorce (Section 13B)
Fast-track amicable divorce through joint settlement petitions.
- Drafting comprehensive Memorandum of Understanding (MOU)
- Waiving mandatory 6-month cooling-off period
- Virtual video-conferencing hearing for NRI spouses
Contested Divorce & Alimony Litigation
Litigating contested petitions before Family Courts.
- Divorce on grounds of cruelty, desertion, and adultery
- Interim maintenance under Section 24 HMA
- Permanent lump-sum alimony negotiation
Dispute Resolution
Navigating Divorce Options
Two legal routes for dissolution of marriage under Hindu Marriage Act.
Option 01
Mutual Consent (Sec 13B)
Amicable joint petition where both parties agree on alimony, child custody, and asset split.
Option 02
Contested Divorce (Sec 13)
Unilateral petition filed on proven fault grounds like mental/physical cruelty, desertion, or adultery.
Option 03
Supreme Court Irretrievable Breakdown
Article 142 Supreme Court petitions to dissolve completely dead marriages immediately.
What We Do
Services for Spouses & NRI Couples
Full-spectrum divorce and matrimonial financial settlement.
MOU & Settlement Agreement Drafting
Drafting airtight separation deeds covering alimony, Streedhan return, and custody.
Cooling-Off Waiver Petitions
Moving applications under Amardeep Singh v. Harveen Kaur to waive the 6-month waiting period.
NRI Video-Conference Divorce
Managing mutual divorce for overseas Indian spouses via Family Court video conferencing.
Streedhan & Jewel Recovery
Enforcing full return of dowry articles, wedding gifts, and gold jewellery (Streedhan).
Common Matters
Key Alimony & Settlement Principles
Judicial criteria for determining permanent alimony under Indian law.
Standard of Living
Alimony is calibrated so the dependent spouse maintains the marital standard of living.
Lump-Sum vs. Monthly Alimony
Lump-sum one-time settlement is generally preferred to eliminate future financial friction.
Earning Capacity & Assets
Courts evaluate both spouses' independent income, property, investments, and liabilities.
Our Process
Our Divorce Workflow
How we navigate divorce proceedings.
1
Confidential Consultation & Strategy
Evaluating family history, marital milestones, child needs, and immediate safety concerns for Divorce & Alimony.
2
Asset & Income Disclosure Preparation
Compiling financial statements, ITRs, school fee records, and living expenses under Rajnesh guidelines.
3
Statutory Notice & Settlement Negotiations
Issuing legal communications and negotiating comprehensive Memorandum of Understanding (MOU).
4
Family Court Filing & Urgent Interim Relief
Filing main petitions alongside urgent interim motions for child custody, protection, or maintenance.
5
Court Counseling & Evidentiary Trial
Guiding through mandatory mediation counseling and leading evidence during court trials.
6
Final Decree Execution & Parenting Enforcement
Securing final decree, enforcing permanent alimony payment, and implementing structured custody.
Why Choose Us
Why Choose Us for Divorce & Alimony
Discreet, decisive legal counsel focused on securing your emotional peace and financial future.
Fast-Track Mutual Divorces
Securing mutual consent divorce decrees in as little as 2 to 4 weeks with cooling-off waiver.
High Settlement Payouts
Proven success negotiating multi-crore permanent alimony settlements and asset splits.
Have Questions?
FAQ about Divorce & Alimony
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How long does a Mutual Consent Divorce take in India?
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How is permanent alimony calculated by courts in India?There is no fixed formula. Courts typically award between 20% to 33% of the husband's net income as monthly alimony, or a commensurate lump-sum capital amount based on duration of marriage, age, health, and standard of living.
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Can an NRI husband or wife get divorced in India without travelling back?Yes. Family Courts allow overseas Indian spouses to appear via official Video Conferencing and execute power of attorney for representation during Mutual Consent Divorce proceedings.
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What is "Streedhan" and does the wife have absolute ownership over it?Streedhan includes all gifts, gold jewellery, cash, and movable property given to the woman before, during, or after marriage. The wife is the absolute and sole owner of her Streedhan, and the husband must return it in full upon divorce.
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Can a husband claim alimony from his wife in India?Yes. Under Section 24 and 25 of the Hindu Marriage Act, either spouse (husband or wife) can claim maintenance from the other if they are unable to maintain themselves and the other spouse has sufficient independent income.
Book a Consultation
Book a Consultation
Speak with our legal experts for personalized advice and strategic representation.
Book an Appointment
Schedule your initial legal consultation with our team.