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Yes, if one is able to prove that one’s spouse has deserted or withdrawn from the society of other spouse without any reasonable cause, then the aggrieved spouse shall be entitled to a decree of restitution of conjugal rights by virtue of Section 9 of the Hindu Marriage Act, 1955.

Yes, you can file for judicial separation. Section 10 of Hindu Marriage Act, 1955 provides for the remedy of judicial separation by virtue of which it will no longer be obligatory for you to cohabit with your spouse without a divorce.

As per the Hindu Marriage Act, the following marriages are void marriages:
A) If any party has a spouse living already at the time of marriage or;
B) If the consent obtained by either party is not a valid consent due to unsound mind, mental disorder, recurring attacks of insanity or;
C) If the parties are sapindas of each other or within the prohibited degrees of relationship unless their customs permit them to do so.

Section 13 of the Hindu Marriage Act states the grounds under which marriage can be dissolved under Hindu Marriage Act. They are as follows:
A) If after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
B) If after the solemnization of the marriage, the spouse has treated with cruelty; or
C) If the spouse has deserted for a continuous period of not less than two years immediately preceding the presentation of the petition; or
D) If the spouse has ceased to be a Hindu by conversion to another religion; or
E) If the spouse has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the aggrieved spouse cannot reasonably be expected to live with that spouse.

Yes, a husband can claim maintenance under Section 24 of Hindu Marriage Actif he has no independent income sufficient for her or his support or for the necessary expenses of the proceeding.

Yes, even if you are living abroad/overseas, you can file a petition under Hindu Marriage Act provided:
A) You have been married by way of Hindu rites and ceremonies;
B) You continue to be of Indian domicile

Yes, one can file for custody/visitation rights by virtue of Section 26 of Hindu Marriage Act, 1955. However, any decision with respect to child is never final and can always be modified considering the welfare of child.

Under Section 13B of Hindu Marriage Act, both the parties can file for mutual divorce. However, the mutual divorce is done in two motions i.e. as first motion and as second motion. Even though the time gap between two motions is prescribed as six months, however, the Court can waive off the said period of six months on an application filed by the parties.

No, Domestic Violence Act, 2005 is applicable even if there is emotional, verbal, mental or financial abuse. Physical Abuse is not the only recognised form of abuse under PWDV Act, 2005

Even though the procedure adopted is CRPC however, the Domestic Violence proceedings are purely civil in nature as there is no penal liability attached to it unless any order has been breached.

Under Domestic Violence Act, an aggrieved woman can broadly seek the following reliefs:
Protection Order
Right to residence
Right to Maintenance
Custody order vis-à-vis child
Right to Stridhan
Right in any movable/immovable asset of the Complainant or respondent
Compensation

You can file a complaint under Domestic Violence Act either by yourself or through an Advocate or in the alternative, you can approach a protection officer who is appointed by the Court to file a Complaint on your behalf.

Yes, anybody else can approach the Court to file a Complaint under Domestic Violence Act on your behalf, for eg. Your mother, sister, brother, father, etc.

No, the Police is not involved in complaint filed under Domestic Violence Act. The Police gets involved only if aggrieved woman approaches the police to seek protection , etc.

Yes, any woman/girl can file a complaint under Domestic Violence Act irrespective of her religion. Moreover, it is not mandatory that only a married woman can file a complaint under domestic violence act rather, any girl/woman who has been subjected to abuse by any respondent can file a complaint under domestic violence act. Even a woman in a live-in-relationship can also file a complaint under domestic violence act.

The Special Marriage Act applies to all irrespective of religion, caste. However, the recourse to Special Marriage Act is generally adopted by people who belong to different religions.

The Bridegroom and bride should give notice of intended marriage 30 days in advance for the solemnization of marriage along with prescribed fees.
The Bride or bridegroom must have lived continuously for not less than 30 days within the jurisdiction of marriage officer before giving the notice.
If no objections are received within 30 days from the date of notice of intended marriage, bridegroom and bride should appear before the Marriage Officer within next 60 days after lapse of initial 30 days from such notice along with three witnesses for solemnisation of the Marriage.
Marriage Officer after following procedure prescribed under act and rules will solemnise the marriage.
If marriage is not solemnised within 90 days from the date of notice, then a fresh notice has to be issued. Marriage Officer will administer oath in the prescribed form and solemnise marriage and issue certificate of marriage.
Bridegroom and bride and three witnesses shall be present to sign the declaration and the certificate of marriage

No, the pre-nuptial agreement is not valid in India. There is no law governing the pre-nuptial agreement in India

Even though it is not valid or binding in Indian scenario, however, the High Court of Bombay at one instance has observed that it can be used to determine the intent of parties.

A pre-nuptial agreement is not recognised in India because in Indian scenario, a marriage is not identified in the nature of contract.

A guardianship petition for custody of child can be filed only before the court within whose jurisdiction the minor child is ordinarily residing.

Hindu Guardianship and Minorities Act, 1965 & Guardian and Wards Act, 1890 are the two primary acts for seeking custody or guardianship of minor child.

Guardian and Wards Act, 1890 applies to all religions as it is a secular act while on the other hand Hindu Guardianship and Minorities Act, 1965 is applicable only to Hindus and subsets of Hindus such as Jains, Buddhists, Sikhs, Lingayat.

No, it is not a mandatory rule that until 5 years of age, a child will be in the custody of mother only. It is only considered to be preferable that the child will be in the custody of mother until 5 years of age however, the paramount consideration is given to the welfare of child while deciding the question of custody of minor child.