Divorce is the legal process of ending a marriage by filing a petition in court. When a court grants the divorce, the marital relationship between the couple end officially. There is a process in it. When the process begins in family court the court examines different reasons, angles, grounds like cruelty, adultery, mutual consent. Divorce is governed by different personal laws based on religions like Hindu, Muslim, Parsi, Christian laws. The court examines evidence, hears both sides and grants the divorce if all requirements are fulfilled according to law.
Now let us discuss about the detail procedure. Here is a step by step explanation of the process.
Types of Divorce in India
In India divorce can be broadly categorized into two types:
1. Mutual Consent Divorce
Under Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954, both spouses agree to dissolve their marriage amicably.
Conditions for Mutual Consent Divorce:
- The couple must have lived separately for at least one year.
- They should have failed to reconcile their differences.
- There must be mutual agreement on child custody, alimony, and property division.
Procedure for Mutual Consent Divorce:
- Filing the Joint Petition: The couple submits a petition to the family court with their consent and agreed-upon terms.
- First Motion Hearing: The court records statements and grants a six-month cooling-off period (can be waived in exceptional cases).
- Second Motion Hearing: After six months, if both parties reaffirm their decision, the court grants a divorce decree.
2. Contested Divorce
A contested divorce is filed when one spouse refuses to consent. It is more complex and time-consuming.
Grounds for Contested Divorce:
- Adultery
- Cruelty
- Desertion (for at least two years)
- Conversion to another religion
- Mental disorder
- Communicable diseases
- Presumption of death (missing for seven years)
Procedure for Contested Divorce:
- Filing the Divorce Petition: One spouse submits a petition citing valid grounds.
- Court Notice to the Respondent: The other spouse is given an opportunity to respond.
- Evidence and Witness Examination: Both sides present their case.
- Mediation (if required): The court may refer the couple to mediation for reconciliation.
- Final Arguments and Judgment: If no reconciliation is possible, the court issues a divorce decree.
Divorce Laws for Different Religions
1. Hindu Law (Hindu Marriage Act, 1955)
Covers Hindus, Sikhs, Jains, and Buddhists.
- Mutual Consent Divorce: Section 13B.
- Contested Divorce: Section 13.
2. Muslim Law
Muslim divorce is governed by Sharia Law, the Dissolution of Muslim Marriages Act, 1939, and includes methods like Talaq, Khula, and Mubarat.
3. Christian Law (Indian Divorce Act, 1869)
Christians can seek divorce based on adultery, desertion, or cruelty.
4. Parsi Law (Parsi Marriage and Divorce Act, 1936)
Parsis must approach the Parsi Matrimonial Courts for divorce.
5. Special Marriage Act, 1954
For interfaith and civil marriages, divorce follows similar mutual and contested procedures.
Important Legal Considerations in 2025
1. Alimony and Maintenance
- Under Section 125 of the CrPC, wives, children, and dependent parents can claim maintenance.
- The amount depends on the husband’s income and the wife’s financial status.
2. Child Custody
Courts focus on what is best for the child when deciding the custody. The options are :
- Joint custody: Both parents share the custody.
- Sole Custody : One parent has full custody and the other may get to meet in some fixed timing .
3. Property Division
- Marital property division depends on the type of marriage and agreement between spouses.
- No automatic 50-50 split in India unless specified in a prenuptial agreement.
4. Fast-Track and Digital Courts
- E-filing and virtual hearings are making divorce proceedings more efficient.
- Fast-track family courts are reducing the duration of contested divorces.
Time taken for divorce
- In case of mutual consent it might take from 6 to 18 months including 6 months cooling off periods.
- In Contested Divorce, It might take several years depending on the complexity of the case.
Documents Required
- Marriage certificate
- Identity Proof (Pan or aadhaar)
- Evidence Supporting the divorce
- Financial statements
Legal Aid
If someone can’t afford a lawyer legal aid is available through various organizations and the government.
Overall, The divorce process in India has seen improvements in terms of efficiency and digitalization. However, it still requires proper legal guidance. Couples are encouraged to seek legal consultation and mediation to avoid prolonged litigation.
Santosh Kumar is a Professional SEO and Blogger, With the help of this blog he is trying to share top 10 lists, facts, entertainment news from India and all around the world.