Divorce in India is a legal process through which a married couple can formally dissolve their marriage. The procedure is governed by personal laws based on the couple’s religion, such as the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, the Muslim Personal Law, the Christian Divorce Act, and the Parsi Marriage and Divorce Act. How to File for Divorce in India.

This article provides a step-by-step guide to filing divorce in India, including procedures for mutual consent and contested divorce, along with frequently asked questions (FAQs).

Types of Divorce in India

1. Mutual Consent Divorce
   Both husband and wife agree to end the marriage and file a joint petition.
2. Contested Divorce
   One party files the divorce petition, and the other contests it. It is usually filed on grounds such as cruelty, adultery, desertion, conversion, mental disorder, etc.

Step-by-Step Procedure to File Divorce in India

A. Mutual Consent Divorce Procedure

1: Consult a Family Law Advocate
Both parties should consult a family lawyer to understand the legalities and draft the petition.

2: Draft and File Joint Petition
A joint petition under Section 13B of the Hindu Marriage Act (or relevant law) is filed in the Family Court.

3: First Motion Hearing
Both spouses appear in court and record their consent before the judge.

4: Cooling-Off Period (6 Months)
A mandatory waiting period of 6 months (can be waived in certain circumstances).

5: Second Motion Petition
After 6 months, the second motion is filed confirming the continued mutual consent.

6: Final Decree
The Family Court grants the divorce decree, formally dissolving the marriage.

B. Contested Divorce Procedure

1: Consult a Divorce Advocate
The aggrieved spouse should consult a lawyer and decide on the appropriate legal grounds.

2: File Divorce Petition
The petition is filed before the Family Court under the applicable section of personal law.

3: Court Issues Notice
The other party receives a legal notice to appear in court and respond.

4: Response and Counter-allegations
The respondent files a reply and may raise objections or counterclaims.

5: Evidence and Witnesses
Both parties submit documentary evidence, and witnesses are examined.

6: Final Arguments
Lawyers for both sides present their arguments based on the case facts and evidence.

7: Decree of Divorce
The court passes a judgment. The court grants a decree of divorce based on the grounds proven.

⚖️ Time depends on case complexity and court timelines.

Grounds for Divorce in India

Under the Hindu Marriage Act, the following are valid grounds for contested divorce:

Cruelty (mental or physical)

Adultery

Desertion for more than 2 years

Conversion to another religion

Unsound mind or mental disorder

Venereal disease or leprosy

Renunciation of the world

Presumed death (not heard alive for 7 years)

Documents Required for Divorce Filing

Marriage certificate/ Marriage Invitation Card

Address proof of both spouses

Photographs of the couple

Proof of separation (if applicable)

Income and property details

Evidence supporting grounds for divorce (for contested)

Children’s details (if any)

Jurisdiction for Filing Divorce in India

The party can file for divorce in the Family Court where:

The marriage took place

The couple last resided together

The wife currently resides (in case of Hindu Marriage Act)

FAQs – Filing Divorce in India

Q1. Can we file a mutual consent divorce online?
Some states and courts have enabled partial e-filing. But parties need to present physically for hearings and final consent.

Q2. Is the 6-month cooling period mandatory in mutual divorce?
A court can waive in exceptional cases. Especially if the couple has been separated for over a year and there is no possibility of reconciliation.

Q3. Can the wife claim maintenance after divorce?
Yes. Under Section 125 CrPC and personal laws, the wife can claim maintenance or alimony even after divorce.

Q4. How much alimony people need to give in a divorce?
There is no fixed formula. It depends on various factors such as income, assets, duration of marriage, and standard of living.

Q5. Can foreign nationals file for divorce in India?
Yes, if the couple resides in India, or they solemnized their marriage in India, or if they can file for divorce in Indian courts.

Q6. What happens if one party refuses to attend court in a mutual consent divorce?
In such cases, the divorce petition may be dismissed, or one party may have to consider filing a contested divorce.

Conclusion: Divorce in India requires a clear understanding of legal rights, procedures, and documentation. Whether through mutual consent or contested grounds, it is essential to approach the process with the right legal guidance.

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 consult a legal expert.