Glossary of Divorce related Terms in India

The following glossary is arranged alphabetically to help you navigate possibly all the terms you would encounter when learning about divorce and separation laws in India.

A

• Abandonment / desertion: When one spouse leaves the other without consent, without a good reason, and with no intention of returning.
• Adultery: When a married person has voluntary sexual relations with someone who is not their spouse; used as a fault‑ground in matrimonial cases.
• Affidavit: A written statement of facts that a person signs and swears/affirms to be true; used as evidence in court.
• Alimony: Money one spouse pays to the other after divorce to help them live, either monthly or as a one‑time lump sum.
• Annulment / nullity: A court decision saying that a marriage was not legally valid, so in law it is treated as if it never existed.
• Appeal: Asking a higher court to check and change the decision of a lower court.

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B

• Best interests / welfare of the child: Main test in child cases; the court asks what arrangement will keep the child safest, happiest, and healthiest overall.
• Bigamy: Marrying another person while a previous valid marriage is still legally in force.

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C

• Child custody: Decision about where a child will live and who will take daily care after parents separate or divorce.
• Child visitation / access: The time and way in which the parent who does not have custody can meet and spend time with the child.
• Compensation order (in the context of Domestic Violence): Extra money a court can award to a survivor of domestic violence for mental trauma, injury, or serious loss.
• Conciliation / counselling: Professional help (often arranged through court) to see if disputes can be resolved or reduced, sometimes to save the relationship or protect children.
• Conversion (religion): When one spouse changes religion; in some personal laws this can be a ground for divorce.
• Cruelty: Serious physical or mental ill‑treatment by one spouse (such as violence, humiliation, threats, or severe neglect) making it unsafe or impossible to stay in the marriage.
• Custodial parent: The parent with whom the child mainly lives and who handles daily care.

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D

• Decree: The final written decision of a court, such as a decree of divorce or nullity.
• Decree of divorce: The final court order that legally ends a marriage.
• Decree of nullity: The final court order saying a marriage is void or voidable and therefore cancelled in law.
• Desertion: Long‑term abandonment by a spouse without consent, without good cause, and with no intention to return.
• Domestic Incident Report (DIR): A record made by a Protection Officer or service provider describing the domestic violence reported by the aggrieved person.
• Domestic relationship: A relationship where people live or have lived together in a shared household, like spouses, partners, or close relatives.
• Domestic violence: Abuse at home or in intimate relationships, including physical, emotional, sexual, or economic abuse and threats.
• Dowry: Property or valuables given in connection with marriage, which the law regulates and restricts when demanded.

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E

• Economic abuse: Controlling someone’s money or resources, stopping them from working, or refusing basic expenses to make them dependent.
• Evidence: Anything presented in court to prove facts—documents, messages, photographs, witness statements, or physical objects.
• Ex‑parte order: An order the court passes when the other side does not appear, even after being given proper notice.

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F

• Final order / final decree: The last decision that ends the main case in that court.
• Fraud / misrepresentation (marriage): Hiding or lying about important facts (like already being married, serious illness, or religion) to get the other person to marry.

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G

• Grounds for divorce: The legally recognised reasons you must show for the court to grant a divorce, such as cruelty, adultery, or desertion.
• Guardianship: Legal authority to take major decisions for a minor, including education, health, and property matters.

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H

• Hearing: A date when the court listens to both sides, takes evidence, or hears arguments.
• Household / shared household (Domestic Violence law): The home where the aggrieved person lives or has lived with the respondent and whose possession or use can be protected by the court.

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I

• Iddat: In Muslim law, the prescribed waiting period (usually three menstrual cycles) that a divorced or widowed woman must observe before remarrying; husband pays maintenance during this time.
• Interim maintenance: Temporary financial support ordered while a case (like divorce or domestic violence) is still going on.
• Interim order: A temporary decision to give immediate relief (for example, temporary custody, maintenance, or protection) until the final order.
• Irretrievable breakdown of marriage: A situation where the marriage is practically dead and cannot be repaired, even if no specific fault like adultery is clearly proved.

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J

• Joint custody: An arrangement where both parents share responsibility and substantial time with the child, either by rotating stay or sharing decisions.
• Judicial separation: Court‑ordered separation where the spouses live apart but remain legally married, with certain rights and duties changed.
• Jurisdiction: The legal power of a particular court to hear a case, usually based on where the parties lived, married, or last stayed together.

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K

• Khula: qwe; she can ask the court or husband to release her from the marriage, often by returning her mehr or agreeing to some compensation.

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L

• Legal custody: The right to make key decisions about a child’s life (school, health care, major activities), even if the child lives mostly with the other parent.
• Legal guardian: A person appointed by a court to care for a minor or manage the minor’s property.
• Limitation period: The time limit set by law within which a case must be filed.
• Live‑in relationship: A couple living together like spouses without a formal marriage; some protections (like domestic violence relief) may still apply.
• Lump‑sum alimony / one‑time settlement: A single payment made to settle spousal support and avoid monthly maintenance.

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M

• Maintenance: Money paid by one person to support another (usually spouse, children, or parents) so they can meet everyday needs.
• Matrimonial home: The place where the married couple usually lived together as husband and wife.
• Matrimonial property: Property acquired during marriage in which one or both spouses may have a share, depending on the facts and law.
• Mediation: A process where a neutral person helps the parties discuss issues and try to reach a voluntary settlement.
• Mehr / Mahr: In Muslim law, money or property that the husband promises to give to the wife as part of the marriage contract, payable at marriage, divorce, or death.
• Mental cruelty: Conduct causing deep emotional pain or mental suffering—such as repeated humiliation, threats, or extreme neglect—making it unsafe or unfair to continue the marriage.
• Mental disorder / unsoundness of mind: Certain serious mental conditions that can be a ground for divorce or annulment if they affect married life in a significant way.
• Monetary relief (Domestic Violence law): Court‑ordered payments to cover expenses like loss of earnings, medical costs, and maintenance for survivors of domestic violence.
• Mutual consent divorce: Divorce where both spouses jointly agree that the marriage has broken down and ask the court to end it together.
• Mubarat: In Muslim law, mutual divorce where both husband and wife agree to end the marriage by mutual consent.

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N

• Nafaqah: The duty, in Muslim law, of the husband to provide the wife and children with food, clothing, shelter, and basic needs.
• Natural guardian: Person recognised by personal law as having primary guardianship over a minor (historically the father, but interpreted more equally now).
• Nikah: In Muslim law, the marriage contract or ceremony that creates the legal marriage bond.
• Null and void marriage: A marriage that the law treats as having never been valid—for example, bigamous or within prohibited relationships.

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O

• Overnight access: Visitation where the child stays overnight with the non‑custodial parent.

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P

• Permanent alimony / permanent maintenance: Long‑term financial support ordered at the end of a case to help the spouse who has fewer resources.
• Petition: The main written request filed to start a case, such as a divorce petition or custody petition.
• Physical custody: Where and with whom the child actually lives most of the time.
• Prenuptial agreement (prenup): An agreement made before marriage about how property and finances will be handled if the couple later separates. Currently, India does not have a legal framework governing such agreements, and does not recognise prenuptial agreements as valid.
• Protection officer: An official under domestic violence law who helps survivors file cases, access shelter, and connect to services.
• Protection order: A court order telling the respondent not to commit violence, not to contact, and not to enter certain places or the shared household.

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R

• Residence order: A court order allowing the aggrieved person to stay in the shared household or directing alternative accommodation, even if they do not own the property.
• Restitution of conjugal rights: A legal remedy where one spouse asks the court to direct the other to resume living together and performing marital duties.
• Revision / review: Limited procedures to ask a higher court or the same court to correct legal errors or reconsider a specific order.

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S

• Separation agreement: A written agreement between spouses about how they will live apart—who gets custody, how much maintenance will be paid, and how property and debts will be handled.
• Shared parenting: A practical form of joint custody where the child spends substantial, structured time with both parents.
• Shared household: The home where the aggrieved person has lived with the respondent in a domestic relationship, protected under domestic violence law.
• Spousal support: General term for money one spouse pays the other during or after marriage breakdown (interim maintenance, permanent maintenance, or alimony).
• Streedhan: Property that belongs solely to a woman (such as jewellery and gifts) and which she has full right to keep or recover. This is received by her voluntarily before, during, or after marriage, including gifts from parents, in-laws, and relatives
• Supervised visitation: Contact between a parent and child that happens in the presence of another adult or agency, usually for safety reasons.

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T

• Talaq: In Muslim law, divorce pronounced by the husband; certain forms (like triple talaq) are now regulated or banned by law.

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U

• Unsoundness of mind: A condition where a person cannot understand or manage their affairs; in family law, only certain serious forms qualify as grounds for annulment or divorce.

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V

• Valid marriage: A marriage that meets all the legal requirements of the law under which it is performed.
• Visitation / access rights: The right of the non‑custodial parent (and sometimes grandparents) to meet and spend time with the child as per a schedule set by the court or agreement.
• Void marriage: A marriage that is legally invalid from the start, such as bigamous or prohibited‑degree marriages.
• Voidable marriage: A marriage that is valid unless a court annuls it due to defects like fraud, impotence, or lack of consent.

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