Family Law Advocate Lucknow

Divorce Procedure at Family Court Lucknow

Divorce petitions in Lucknow are filed before the Family Court, Lucknow, established under the Family Courts Act, 1984, and located within the Civil Court complex. For Hindus, divorce is governed by the Hindu Marriage Act, 1955; for Muslims, the applicable personal law applies; and for inter-religious marriages, the Special Marriage Act, 1954 applies. Mutual consent divorce under Section 13-B of the Hindu Marriage Act requires both spouses to file a joint petition, have been living separately for at least one year, and appear for two separate hearings — the first motion and the second motion — with a statutory cooling-off period of six months in between, which may be waived by the Family Court Lucknow in appropriate circumstances. Contested divorce, filed on grounds such as cruelty, desertion, adultery, or mental disorder, involves filing a petition, service of notice on the respondent, filing of written statements, and trial on merits. Child custody, maintenance under Section 144 BNSS (earlier Section 125 CrPC), and domestic violence proceedings under the Protection of Women from Domestic Violence Act, 2005 are also dealt with by the Family Court Lucknow and related courts. Documents typically required include the marriage certificate, proof of address, identity proof, and photographs of both parties.