A woman thinking about divorce usually has four questions before any legal one: Where will I live? How will I support myself and the children? Will I keep the children? Will I get my things back? Indian law answers each of them, often through more than one remedy. This guide sets out a wife’s rights in Mumbai, step by step, in the order they usually matter.
Key facts
- Residence
- Right to reside in the shared household (Sections 17 and 19, DV Act)
- Maintenance
- Section 144 BNSS (any religion); Sections 24 and 25, Hindu Marriage Act; Section 20, DV Act
- Stridhan
- Remains her absolute property; return can be sought in the divorce case, under the DV Act, or by criminal complaint
- Custody
- Decided on the child’s welfare, not fault
- Courts
- Family Court, Bandra, for divorce and custody; Magistrate for DV and Section 144 cases
1. The right to stay in the home
Under Section 17 of the Protection of Women from Domestic Violence Act, 2005, a woman in a domestic relationship has the right to reside in the shared household, whether or not she owns any part of it. She cannot be thrown out except in accordance with law. The Magistrate can pass a residence order under Section 19, including an order restraining the husband from dispossessing her, or directing alternative accommodation. See domestic violence matters.
2. Money: maintenance during and after the case
- Interim maintenance and litigation costs. In a Hindu Marriage Act case, Section 24 allows a spouse without sufficient independent income to claim maintenance and the expenses of the proceedings while the case is pending.
- Permanent alimony. Section 25 of the Hindu Marriage Act allows the court to order a lump sum or periodic payment at the time of the decree or later.
- Maintenance under Section 144 BNSS (formerly Section 125 CrPC) for a wife, children and parents who cannot maintain themselves. It is available whatever the religion. In Mohd. Abdul Samad v. State of Telangana (2024) the Supreme Court confirmed that a divorced Muslim woman can also claim under this provision. See maintenance under Section 144 BNSS.
- Monetary relief under the DV Act (Section 20), including expenses, loss of earnings and medical costs.
These remedies overlap, and an amount awarded in one is taken into account in the others. In Rajnesh v. Neha (2020) the Supreme Court directed that both parties file an affidavit disclosing their assets and liabilities in maintenance cases, which is why income documents matter from the first day.
3. Children: custody and access
Custody is decided on the welfare of the child, not on which parent is at fault. Interim custody and visiting arrangements are usually made early. In a Hindu Marriage Act case, Section 26 lets the court make orders on custody, maintenance and education of children during and after the case. Child maintenance is separate from the wife’s maintenance.
4. Property: stridhan and what was given at marriage
Stridhan, meaning jewellery, gifts and articles a woman received before, at or after marriage, remains her absolute property. Its return can be sought in the divorce case, under the DV Act, or, where it has been wrongfully kept, through a criminal complaint. Make a list now, with photographs, bills and wedding photographs where you have them.
5. The divorce itself
Mutual consent
Under Section 13B of the Hindu Marriage Act, the couple must have lived separately for at least a year. They file a joint petition (first motion), and after a waiting period of six months file the second motion. In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that the Family Court may waive the six months in appropriate cases. The terms on maintenance, custody, stridhan and property should be settled in writing before filing. See mutual consent divorce.
Contested divorce
Where the husband does not agree, a wife can seek divorce on grounds such as cruelty, desertion for two years, or conversion, under Section 13 of the Hindu Marriage Act or the corresponding provisions of the Special Marriage Act, 1954.
For Muslim women
A Muslim wife may seek khula, or a decree under the Dissolution of Muslim Marriages Act, 1939 on grounds including cruelty, the husband’s failure to maintain her for two years, and the husband’s whereabouts being unknown for four years. Instant triple talaq is void and an offence under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Where cases are heard in Mumbai
Divorce, custody and matrimonial property cases are heard by the Family Court at Bandra. Domestic violence and Section 144 BNSS maintenance applications are filed before the Magistrate.
A checklist to prepare before the first meeting
- Marriage certificate, or wedding photographs and invitation
- Your identity and address proof, and the children’s birth certificates
- Any proof of the husband’s income: salary slips, tax returns, business details, property papers
- A list of stridhan items, with photographs and bills
- Messages, emails, medical records or police complaints showing cruelty or violence
- A note of dates: marriage, separation, any incidents
Frequently asked questions
Can I claim maintenance if I am working?
Possibly. The question is whether your income is sufficient to maintain the standard of living you had in the marriage. Earning something does not by itself bar a claim.
Can I be asked to leave the matrimonial home during the case?
Not except in accordance with law. The DV Act protects the right to reside in the shared household, and a residence order can be sought urgently.
Do I have to go through a criminal case to get maintenance?
No. Maintenance can be claimed in the divorce case, under the DV Act, or under Section 144 BNSS without any criminal complaint. Whether to file a criminal complaint is a separate decision.
How long does a divorce take in Mumbai?
A settled mutual consent divorce can be completed in months, particularly where the waiting period is waived. A contested case takes considerably longer, which is why interim maintenance and residence orders matter.
See also: Khula and divorce for Muslim women in Mumbai.
If you have been made to leave the house, see Thrown out of your marital home? What to do in the first 48 hours.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes the law as understood in October 2026. It is general information, not legal advice; every family’s situation is different.
Related
- A daughter’s share in ancestral property
- Divorce proceedings in Mumbai
- Matters concerning women
- Domestic violence
- Marriage registration in Mumbai