A mutual consent divorce is filed jointly when both spouses agree to separate and on terms like alimony and custody, and is generally quicker. A contested divorce is filed on specific legal grounds when one spouse does not agree, and involves a full trial before the family court.
Courts decide custody based on the best interests and welfare of the child, considering factors like the child's age, the parents' ability to provide care, and, where the child is old enough, their own preference. Custody can be granted solely, jointly, or with visitation rights to the other parent.
A spouse can claim maintenance under personal law or under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (formerly Section 125 CrPC), by filing an application before the family court along with details of income, expenses, and the standard of living during the marriage.
Yes. Many matrimonial and family disputes, including divorce by mutual consent and maintenance amounts, can be settled through mediation or direct negotiation between the parties, which is often faster and less adversarial than a full trial.
