What is Talaq Raasta?

A bilingual path-finder for marriage disputes in India. Pick your marriage law (Hindu, Special Marriage Act, Muslim, Christian, Parsi) and one of 6 situations — both agree to separate, only one wants divorce, saving the marriage, maintenance, children's custody, or a court notice received — to see the first 3 steps, rights, papers to keep, what not to do, where to go and a ready letter. It also has a mutual-divorce date check and a settlement checklist. Educational facilitation only — not legal advice.

How long does a mutual consent divorce take?

Under the Hindu Marriage Act (s.13B) and the Special Marriage Act (s.28), the couple must have lived separately for at least 1 year before the joint petition; the second motion is made after 6 months and within 18 months of the first. The Supreme Court (Amardeep Singh v Harveen Kaur, 2017) held that the 6-month wait can be waived in suitable cases. Christian law (Divorce Act s.10A) needs 2 years of separate living. Court timelines vary.

Can a wife get maintenance without filing for divorce?

Yes. A wife unable to maintain herself can apply under BNSS s.144 (old CrPC s.125) for monthly maintenance for herself and minor children, with interim maintenance, without filing for divorce. Within a divorce case, either spouse without sufficient income can seek interim maintenance and costs under HMA s.24.

What happens if I ignore a divorce notice from court?

If you were duly served and don't appear, the court can proceed ex parte and decide without hearing you. Appear on the date (yourself or through an advocate), ask for a copy of the petition and time to reply. An ex parte decree can be challenged if you had sufficient cause, but time limits are short.

Who gets custody of children after divorce?

Courts decide on the child's welfare. Under the Hindu Minority and Guardianship Act s.6(a), custody of a child under 5 is ordinarily with the mother. The other parent usually gets visiting rights, and both parents must support the child. An older child's wishes may be considered.

Free · works in your browser · nothing is uploaded

Talaq Raasta — trouble in your marriage? Find your route: mutual divorce, contested divorce, saving the marriage, maintenance, children (India)

Two taps: pick your marriage law and what is happening — both agree to separate, only you want a divorce, you want to save the marriage, money for living, children's custody, or a court notice you received. See the first 3 steps, rights in short, proof to keep, what not to do, where to go and a ready letter you edit and send yourself. Check your mutual-divorce dates and tick a settlement checklist. Runs in your browser; nothing is saved. Educational facilitation only — not legal advice.

🚦 6 golden rules

Decide calmly — talk to family, a counsellor or a mediator first
Both agree? Mutual consent is usually the fastest and cheapest route
Put every settlement term in writing before signing
Children's welfare comes first — keep them out of the fight
Never ignore a court notice — go on the date
Women and low-income people can get government legal aid — 15100

1. Which law is your marriage under?

Not sure? Hindu rites → Hindu Marriage Act. Registered court marriage → Special Marriage Act.

2. What is happening?

📅 Date check — Hindu, Sikh, Jain, Buddhist (Hindu Marriage Act)

Enter dates to see when a mutual-consent petition and the second motion may be possible under your law. Nothing is saved.

Date of marriageLiving separately sinceFirst motion date (if filed)

⚠️ Laws, court practice and time limits differ by State and personal law — verify with the court or an advocate.

📝 Agree on these before a mutual divorce

Tick what you have settled in writing. Nothing is saved — ticks disappear when you close the page.

0 of 8 settled

Alimony / settlement amount — one-time or monthly, and how it will be paid (part at first motion, rest at second)
Return of stridhan, jewellery, gifts and personal belongings — with a list
Children: who they live with, visiting days, holidays, video calls
Children's school fees, medical costs and future expenses
House, flat or rented home — who stays, who pays loans / rent
Joint bank accounts, loans, insurance nominations, vehicles
Pending cases on both sides — what happens to them (the court has to agree)
No harassment, no social-media posts about each other after the divorce

All routes at a glance

Laws, court practice and time limits differ by State and personal law — verify with the court or an advocate.

We both agree to separate (mutual consent)

Write the settlement terms
Joint petition — first motion
Second motion → decree

🚫 Don't sign a settlement you don't fully understand

I want a divorce, my spouse doesn't agree

Ground + 1-year check
Proof + mediation
File petition → attend dates

🚫 Don't make false allegations — they harm your case

I want to save the marriage

Counselling / mediation
Send a calm written invite
Restitution (s.9) / separation (s.10)

🚫 Don't use threats or emotional pressure

Money for living — maintenance / alimony

List monthly needs + incomes
BNSS 144 / HMA 24 application
Assets affidavit → recovery if unpaid

🚫 Don't hide your own income — the affidavit is on oath

Children — custody and meeting them

Written parenting plan
Custody / visitation application
Welfare: school, care, stability

🚫 Don't speak badly of the other parent to the child

I got a divorce / maintenance notice from court

Court, case no., next date
Appear → ask copy + time
Reply with facts + reliefs

🚫 Don't ignore the notice or miss the date

Forward to someone who needs it

Many people don't know that mutual divorce can be quicker, that maintenance can be asked without divorce, or that ignoring a court notice can lead to an ex parte order. Forward this to someone going through a hard time.

📤 Forward this tool on WhatsApp

https://www.adhiwakta.com/tools/talaq-raasta

FAQs

What is Talaq Raasta?: A bilingual path-finder for marriage disputes in India. Pick your marriage law (Hindu, Special Marriage Act, Muslim, Christian, Parsi) and one of 6 situations — both agree to separate, only one wants divorce, saving the marriage, maintenance, children's custody, or a court notice received — to see the first 3 steps, rights, papers to keep, what not to do, where to go and a ready letter. It also has a mutual-divorce date check and a settlement checklist. Educational facilitation only — not legal advice.
How long does a mutual consent divorce take?: Under the Hindu Marriage Act (s.13B) and the Special Marriage Act (s.28), the couple must have lived separately for at least 1 year before the joint petition; the second motion is made after 6 months and within 18 months of the first. The Supreme Court (Amardeep Singh v Harveen Kaur, 2017) held that the 6-month wait can be waived in suitable cases. Christian law (Divorce Act s.10A) needs 2 years of separate living. Court timelines vary.
Can a wife get maintenance without filing for divorce?: Yes. A wife unable to maintain herself can apply under BNSS s.144 (old CrPC s.125) for monthly maintenance for herself and minor children, with interim maintenance, without filing for divorce. Within a divorce case, either spouse without sufficient income can seek interim maintenance and costs under HMA s.24.
What happens if I ignore a divorce notice from court?: If you were duly served and don't appear, the court can proceed ex parte and decide without hearing you. Appear on the date (yourself or through an advocate), ask for a copy of the petition and time to reply. An ex parte decree can be challenged if you had sufficient cause, but time limits are short.
Who gets custody of children after divorce?: Courts decide on the child's welfare. Under the Hindu Minority and Guardianship Act s.6(a), custody of a child under 5 is ordinarily with the mother. The other parent usually gets visiting rights, and both parents must support the child. An older child's wishes may be considered.