Key Provisions Under Matrimonial Law for Divorce and Separation
In India, matrimonial laws governing divorce and separation differ based on the religion of the parties involved. However, the common objective across all personal laws is to provide legal remedies for dissolving a marriage under specific conditions. Here’s an overview of key provisions under major Indian matrimonial laws:
If you are looking for a divorce in India. There are two main ways to get a divorce.
1- Contested Divorce– If one the husband or wife wants to get a divorce, in this situation, those who want to take divorce can file a contested divorce.
2- Mutual Divorce– Here, couples mutually decided to get divorce, they can file mutual divorce petition.
Hindu Marriage Act, 1955 (Applicable to Hindus, Buddhists, Jains, and Sikhs)
Grounds for Divorce (Section 13)
Adultery
Cruelty
Desertion
Conversion to another religion
Mental disorder or unsoundness of mind
Venereal disease in communicable form
Renunciation of the world (Sannyasa)
Presumption of death (missing for 7 years)
Mutual Consent Divorce (Section 13B)
Both parties must agree
Separation for at least 1 year
Joint petition before the family court
Judicial Separation (Section 10)
Legal separation without ending the marriage
Grounds similar to divorce
Special Marriage Act, 1954 (For interfaith or civil marriages)
Grounds for Divorce (Section 27)
Similar to those in the Hindu Marriage Act
Includes non-resumption of cohabitation after decree of judicial separation
No consummation of marriage due to the willful refusal by the other party
Mutual Consent Divorce (Section 28)
Requires 1-year separation
Petition by both parties
Judicial Separation (Section 23)
Muslim Law (Based on personal law and Dissolution of Muslim Marriages Act, 1939)
By Husband:
Talaq
By Wife:
Khula – initiated by wife, with husband’s consent
Dissolution of Muslim Marriages Act, 1939
Christian Law – Indian Divorce Act, 1869
Grounds for Divorce (Section 10)
Adultery
Cruelty
Desertion
Impotency
Mental disorder
Conversion
Bigamy
Mutual Consent Divorce (Section 10A)
Separation for at least 1 year
Parsi Marriage and Divorce Act, 1936
Grounds for Divorce
Non-consummation
Unsound mind
Adultery
Cruelty
Desertion
Grievous hurt or infection
Imprisonment
Bigamy
Common Legal Remedies across All Laws:
Maintenance/Alimony (Sec. 25 of HMA, Sec. 125 CrPC)
Child Custody
Property & Streedhan Recovery
Domestic Violence Protection (Protection of Women from Domestic Violence Act, 2005)
Divorce Process Step-by-Step – FAQs
- What is the first step to file for divorce in India?
The first step is to consult a divorce lawyer who can guide you on the correct legal process based on your situation — whether it’s a mutual consent divorce or a contested divorce.
- What documents are needed to start a divorce?
You will generally need:
Marriage certificate
Address proof of both parties
Passport-size photographs
ID proofs (Aadhaar Card, PAN, etc.)
Income proof (for maintenance claims)
Grounds and evidence for contested divorce
- Can divorce be filed without a lawyer?
Yes, technically, you can file a divorce petition without a lawyer. However, legal representation is highly recommended to avoid mistakes and ensure smooth proceedings.
- How long does it take to get a divorce in India?
Mutual Consent Divorce: Around 6 months to 1 year (can be faster if the court waives the cooling-off period).
Contested Divorce: Depending on the complexity and court workload.
- Is the 6-month waiting period mandatory for mutual divorce?
No, the Family Court can waive the 6-month waiting period if it is satisfied that:
The parties have been living separately for more than a year.
There is no possibility of reconciliation.
Divorce Process in Delhi
- What is the difference between Mutual Divorce and Contested Divorce?
Mutual Divorce: Both spouses agree to separate amicably and settle issues like custody and maintenance mutually.
Contested Divorce: One spouse files for divorce based on specific grounds like cruelty, adultery, desertion, etc., and the other contests it.
- What are the grounds for a contested divorce in India?
Some common grounds include:
Cruelty
Adultery
Desertion for over 2 years
Conversion to another religion
Mental disorder
Communicable diseases
Presumption of death
- Can I remarry immediately after getting a divorce?
You can remarry after getting a certified divorce decree from the court. However, it’s advisable to wait for 90 days, which is the usual appeal period.
- Is online divorce possible in India?
Currently, complete online divorce is not possible. However, many hearings (especially in mutual consent divorce) can happen via video conferencing, and documentation can be submitted online in some jurisdictions.
- Can the divorce decree be challenged?
Yes, a divorce decree can be appealed in the Higher Court within 90 days from the date of the decree if either party is dissatisfied.
