FAQs: Divorce, Mutual Divorce, procedures, And Fees

In India, there are two main types of divorce:
• Mutual Consent Divorce – When both spouses agree to dissolve the marriage amicably.
• Contested Divorce – When one spouse files for divorce without the other’s consent, citing legal grounds.

Under Section 13 of the Hindu Marriage Act, 1955, grounds for divorce include:
• Adultery
•Cruelty (physical or mental)
• Desertion
•Conversion to another religion
• Mental disorder or incurable insanity
•Communicable disease (such as leprosy or venereal disease)
• Renunciation of the world
•Presumption of death (spouse missing for 7 years)
For Muslims, Christians, and Parsis, divorce laws differ based on personal laws.

• Mutual Divorce: Typically takes 6 to 18 months.
• Contested Divorce: It takes time, depending on court proceedings.

Under Hindu law, you must wait for one year after marriage before filing for divorce, except in cases of extreme hardship.

A wife may have rights to:
• Alimony/Maintenance (under Section 125 CrPC or personal laws)

•Child Custody (as per the child’s best interests)

• Division of Property (if jointly owned)

• Can claim custody of children (if in the best interest of the child)

•May contest maintenance claims if the wife is earning

• Can seek divorce on valid legal grounds

Yes, but the court considers factors like the wife’s income, the husband’s financial status, and lifestyle before deciding maintenance.

A mutual divorce is when both spouses agree to end their marriage amicably without blaming each other.

The mutual divorce process (under Section 13B of the Hindu Marriage Act) involves:

1. Filing a joint petition stating both spouses’ consent.
2. First Motion Hearing – Recording statements in court.
3. Cooling-off Period – A waiting period of 6 months (can be waived in exceptional cases).
4. Second Motion Hearing – Final hearing for decree of divorce.

Yes, the cooling-off period can be waived if both parties have been living separately for over a year and the court is convinced that reconciliation is impossible.

• Marriage certificate
• Address proof of both spouses
• ID proof (Aadhar, passport, PAN, etc.)
• Joint marriage photos
• Income and asset details
• Proof of separation (if available)
• Settlement agreement (if applicable)

Yes, either party can withdraw before the final motion if they change their mind.

If one party does not appear, the divorce may not be granted. The other spouse may need to file a contested divorce.

No, the legal process requires two motions and at least a few months.

Yes, both must appear unless the court allows video conferencing or a special exemption.

No, it depends on factors like income, lifestyle, and the wife’s financial independence.

There’s no fixed formula, but courts consider:

• Husband’s income
• Wife’s earning capacity
• Standard of living
• Duration of marriage

Custody is decided based on the child’s best interests.

• Mother usually gets custody of young children.
• Fathers can get custody if better suited.
• Joint/shared custody is also possible.

Yes, if the court believes the father can provide better care and upbringing.

Yes, custody orders can be modified if circumstances change.

1. File Joint Petition: Submit to Family Court with marriage proof, address details, and affidavits.
2. Cooling-Off Period: 6–18 months (may be waived by courts in exceptional cases).
3. Second Motion: Reaffirm consent after cooling-off.
4. Decree: Court grants divorce if reconciliation fails.

1. File Petition: Spouse submits to court citing valid grounds (e.g., cruelty).
2. Summons: Respondent receives notice and must reply within 90 days.
3. Evidence & Hearings: Both parties present witnesses/documents.
4. Mediation: The court may mandate counseling.
5. Judgment: Decree granted if grounds are proven.

• Marriage certificate
• Proof of address (Aadhaar, voter ID)
• Photographs, evidence (for contested cases: medical reports, communication logs)

Income statements (for alimony/maintenance)

Hindus: Hindu Marriage Act

•Muslims: Personal law under the Muslim Personal Law (Shariat) Application Act

• Christians: Indian Divorce Act

• Interfaith/Civil Marriages: Special Marriage Act

• Courts consider income, lifestyle, spouse’s earning capacity, and child needs. It can be lump-sum or monthly (Section 24, Hindu Marriage Act).

• Welfare of the Child: Primary factor. Courts may award joint custody or primary custody with visitation rights (Section 26, Hindu Marriage Act).

• Welfare of the Child: Primary factor. Courts may award joint custody or primary custody with visitation rights (the Hindu Marriage Act).

• Yes: The Hon’ble Court allows waiver in exceptional cases to expedite mutual consent divorces.

• No: Physical court appearances are mandatory. Online tools may assist with documentation but not legal proceedings.

Fees for divorce and mutual divorce can not be fixed; it depends on various factors.

Yes: If the marriage was registered in India or either spouse resides there.

Yes: If the marriage was registered in India or either spouse resides there.