Divorce Procedure in Gurgaon
Step-by-Step Divorce Procedure in Gurugram (Gurgaon), India
The divorce procedure in Gurgaon follows the legal framework under the Hindu Marriage Act, 1955 (for Hindus) and other personal laws applicable to different religions.
Divorce can be filed under two categories:
1- Mutual Consent Divorce– Where both spouses mutually agree to take divorce and they want to file with mutual consent and they resolve all the disputes related to child expenses, child custody, Alimony, and others.
2- Contested Divorce– Where one spouse is agree to take divorce however, other one is not interested to take divorce so the spouse wants to take divorce, can file divorce petition as per their area of jurisdiction.
I. Mutual Consent Divorce– Under Section 13B of Hindu Marriage Act, 1955, joint petition can file for mutual consent divorce.
This is the easiest and quickest way to obtain a divorce. It is less expensive and no more stress, also there are possibilities to come together after some time.
Step 1: Filing the Joint Petition
Both spouses must file a joint petition before the Family Court in Delhi stating that they cannot live together and have mutually agreed to dissolve the marriage.
The petition must include:
Proof of marriage (Marriage Certificate/ Marriage Card)
Proof of residence (Aadhaar, Voter ID, Passport, etc.)
Photos and identity proof of both spouses
Marriage Photographs to proof of marriage between these two person
Agreement on alimony (if any), child custody (if applicable), and property settlement (if required)
Step 2: First Motion
The court records the statements of both parties and issues the first motion order.
A cooling-off period of 6 months is granted to allow reconciliation. (This can be waived in some cases and couple want to waive to take divorce early)
Step 3: Second Motion
If both spouses still wish to proceed with the divorce, they appear before the judge for the second motion.
If the judge is satisfied that reconciliation is not possible, a Divorce Decree is granted.
II. Contested Divorce– Section 13 of Hindu Marriage Act, 1955, one spouse can file contested divorce petition for getting divorce.
If one spouse does not agree to divorce, the other can file a contested divorce petition on specific legal grounds.
Grounds for Contested Divorce:
Cruelty – Physical or mental torture by the spouse
Adultery – Extra-marital affairs
Desertion – Abandonment for at least 2 years
Conversion – If one spouse converts to another religion
Mental Disorder – If the spouse is mentally unstable and cannot fulfill marital obligations
Incurable Diseases – Leprosy, venereal disease, etc.
Renunciation – If one spouse renounces the world
Presumption of Death – If a spouse is missing for 7 years
Step 1: Filing the Divorce Petition
The aggrieved spouse files a petition in the Family Court in Gurgaon with necessary documents and evidence.
The court will send a summons to the other spouse to appear in court.
Step 2: Response from the Opposing Party
The opposite party (respondent) can either accept or contest the allegations.
If contested, the case goes to trial.
Step 3: Evidence & Witness Examination
Both parties present evidence (documents, photos, recordings, medical records, etc.) and witnesses.
Step 4: Final Arguments & Judgment
After hearing both sides, the court delivers the judgment.
If the divorce is granted, the court issues a Divorce Decree.
Other Considerations in Divorce Cases
Alimony/Maintenance:
Either spouse can claim maintenance under Section 125 CrPC (new section 144 BNSS 2023) or Hindu Marriage Act.
The amount depends on the income, financial status, and needs of both parties.
Child Custody:
The welfare of the child is the priority.
The court grants sole or joint custody to one parent based on factors like income, upbringing capability, and the child’s preference (if old enough).
Property:
The court decides based on ownership, contributions, and agreements between spouses.
Where to File Divorce in Gurgaon?
Jurisdiction: Family Courts in Gurgaon India
Where can file a divorce petition:
Marriage was solemnized
The couple last resided together
The wife resides
Documents Required for Divorce in Gurgaon
Marriage certificate/ Marriage Card
ID proofs of both spouses (Aadhaar, PAN, Passport, etc.)
Address proof (Electricity bill, Rent agreement)
Wedding photographs
Income proof (Salary slips, IT returns)
Details of children (if any)
Proof of separation (if applicable)
Divorce Procedure in Gurgaon, India
FAQs on Divorce in Gurgaon
Q1: Can I get a mutual divorce in less than 6 months?
Yes, the cooling-off period can be waived in some cases.
Q2: How long does a contested divorce take in Gurgaon?
It depending on case complexity and court.
Q3: Can a husband refuse to give a divorce?
In contested cases, the court will decide based on legal grounds.
Q4: How much alimony does a wife get in Gurgaon?
There is no fixed amount; the court considers financial status, lifestyle, and dependency.
Q5: Can an NRI file for divorce in Gurgaon?
Yes, NRI can file for divorce/ mutual divorce in Gurgaon and other parts of India.
Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can just consult the legal matter expert.
