We are a Jain couple married under Jain religious rites with no registration certificate. What proof does the Gujarat Family Court need?
Section 13B applies to Jains — the Hindu Marriage Act expressly includes Jainism. Gujarat courts accept the printed wedding invitation, joint ceremony photographs, and sworn affidavits from both spouses. A letter from the Jain temple or Dharamshala where the wedding took place, if available, strengthens the proof further.
My husband's income comes from a family partnership firm in Surat's textile market. How do we set alimony with no fixed salary?
The court confirms whatever the parties agree — it doesn't calculate alimony itself. Common approaches: a one-time lump sum at decree, a fixed monthly amount regardless of business performance, or a mix of both. A chartered accountant's valuation helps the negotiation but isn't required by the court.
Can we file in a smaller Gujarat district to get faster dates, even though we live in Ahmedabad?
No — jurisdiction follows your matrimonial facts, not convenience. If your last shared residence and current address are both Ahmedabad, that's your court. Filing elsewhere without genuine grounds risks the petition being returned, which costs more time than it saves.
Our daughter lives with my wife in Ahmedabad. I'm in New Jersey. How does custody work in the MoU when I'm abroad?
The MoU specifies primary residence, the father's visit schedule during India trips, holiday custody if the child travels to the USA, video/phone contact frequency, and how school decisions and travel permissions are handled. Courts approve well-specified international custody arrangements without issue.
Can a Muslim couple file mutual divorce under Section 13B in Gujarat?
No. Section 13B applies only to Hindus, Buddhists, Jains, and Sikhs. Muslim couples proceed under personal law — Mubarat for mutual dissolution, or Khula where the wife initiates it. See our page on Muslim divorce in India.
We separated eight months ago in Ahmedabad, no children, alimony agreed. How long will this realistically take?
At eight months you're under the 18-month waiver threshold, so the realistic timeline — documentation through Second Motion — is 9 to 11 months. That's the statutory waiting period at work, not case complexity; an uncontested case like yours moves through each stage cleanly.
My wife and I are Patidar, and family members are pressuring her to withdraw consent. What protects the process?
Both spouses are contacted independently before any legal work begins, and the judge records each spouse's statement separately at First Motion to confirm consent is voluntary. Family or community pressure outside court has no legal standing to undo what's confirmed on record. If you're worried consent may not hold, that's worth discussing with us before documentation begins.
We still live in the same house since separating — does that disqualify us from the cooling-off waiver?
Not necessarily. The waiver condition is not living as husband and wife for 18+ months — not separate addresses. Amardeep Singh v. Harveen Kaur (2017) confirms this means the marital relationship has ended, regardless of shared roof. Both spouses would need to confirm this consistently in affidavits. Read more on filing while living together.
We married under the Special Marriage Act — one of us Hindu, the other Parsi. Does anything change in Gujarat?
Yes — mutual divorce falls under Section 28 of the Special Marriage Act, not Section 13B. The two-motion structure and cooling-off waiver precedent are similar, but petition format and some documentation differ. We confirm the applicable law from your marriage certificate before drafting. More at divorce under the Special Marriage Act.
Does the Rs.40,000 fee change if business assets or commercial property are involved?
No. Business income, commercial property, and complex settlement structures are covered within the same flat fee. Flag this at intake so we scope the documentation correctly from the start.
We're in Kutch. Which court handles our petition?
The Family Court at Bhuj — it covers all of Kutch district, including Mundra, Gandhidham, and Anjar.