The divorce procedure in India is governed by various personal laws depending on the religion of the parties involved. The primary laws for divorce are:

Hindu Marriage Act, 1955 (for Hindus, Buddhists, Sikhs, and Jains)

Muslim Personal Law (Shariat) Application Act, 1937

Christian Divorce Act, 1869

Parsi Marriage and Divorce Act, 1936

Special Marriage Act, 1954 (for inter-religious marriages and civil marriages)

Types of Divorce in India

There are two types of divorce in India

Mutual Consent Divorce – Both spouses mutually agree to dissolve their marriage and they can not live together at all. They need to mutually decide before filling joint petition about alimony, child custody (if applicable), and property division (if required). Couple need to file joint petition as per their area of jurisdiction.

Contested Divorce – One spouse files for divorce on specific legal grounds. One spouse is agree for divorce and another spouse is not ready to take divorce in that circumstances that spouse who want to take divorce can file divorce petition in the court.

Procedure for Mutual Consent Divorce (Under the Hindu Marriage Act, 1955)

Step 1: Filing a Joint Petition: Both spouses file a petition in the family court.

The petition states that they have been living separately for at least one year and cannot live together anymore.

The agreement includes terms for child custody, alimony, and property division.

Step 2: First Motion Hearing: The court records the statements of both spouses.

A six-month cooling-off period is given before the second motion (can be waived in some cases).

Step 3: Second Motion and Final Decision: After six months, both parties appear again for the final hearing.

If both parties still agree, the court grants a decree of divorce.

The marriage legally ends.

Procedure for Contested Divorce (Under the Hindu Marriage Act, 1955)

If one spouse does not agree to the divorce, the other can file under specific grounds:

Cruelty

Adultery

Desertion (for at least two years)

Conversion to another religion

Venereal disease

Renunciation of the world

Presumption of death (missing for 7 years)

1: Filing the Petition: The aggrieved spouse files a divorce petition in the family court. Contests for divorce in family court.

2: Court Notice to Spouse: The court serves a notice to the other spouse, asking for a response.

3: Response and Evidence: Both parties present their arguments and evidence (documents, witness statements).

4: Mediation Attempt (if required by court): The court may direct the couple to mediation for reconciliation. Of both spouse are agree to live together, do not agree any more, and agree to get mutual divorce so according to that follow next procedure.

5: Court Hearings and Judgment: If mediation fails, regular court hearings take place.

After evaluating the case, the court grants or denies the divorce.

Divorce Under Christian Law: Governed by Indian Divorce Act, 1869.

Grounds: Adultery, cruelty, desertion, conversion, venereal disease, etc.

Petition filed in District Court.

Divorce Under Special Marriage Act, 1954: For interfaith and civil marriages.

Same grounds as Hindu Marriage Act.

Divorce Under Muslim Law: File divorce under Muslim Law, husband, wife, and mutual divorce.

Key Considerations

Alimony/Maintenance – The Court decides based on financial status and expenses.

Child Custody – Can be joint or sole custody.

Property Division – Decided mutually or by court.

Legal Assistance – A divorce lawyer is recommended.

Divorce procedure in 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.