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1. Mutual Consent Divorce (Section 13B Hindu Marriage Act)
Spouses living separately for one year or more can jointly petition for divorce by mutual consent. The statutory procedure comprises First Motion and Second Motion. The cooling-off period of six months can be waived by the court under Supreme Court guidelines if all attempts at reconciliation have failed and settlement terms are finalized.
2. Maintenance and Alimony Provisions
Maintenance can be claimed under Section 24 of the Hindu Marriage Act (interim maintenance pendente lite) and Section 25 (permanent alimony). Independently, summary maintenance proceedings can be filed under Section 125 CrPC / Section 144 BNSS to prevent vagrancy and destitution.
3. Welfare of the Child in Custody Matters
Under the Guardians and Wards Act, 1890 and established jurisprudence, the paramount consideration in deciding custody and visitation rights is always the best interests and welfare of the minor child, superseding paternal or maternal claims.