DIVORCE LAW

Divorce 2

STEP-BY-STEP DIVORCE PROCEDURE IN INDIA

Divorce Law in India

Divorce law in India is governed by different legislations depending on the religion and form of marriage. Each community has its own personal law, but all provide grounds for divorce such as cruelty, desertion, adultery, conversion, unsoundness of mind, or mutual consent. Below is a comprehensive overview of divorce under the major marriage laws in India.

1. Hindu Marriage Act, 1955

Applicable to Hindus, Buddhists, Jains, and Sikhs.

  • Types of Divorce:

    • Contested Divorce (on grounds like cruelty, desertion, adultery, conversion, mental disorder, venereal disease, renunciation, presumption of death).

    • Mutual Consent Divorce (Section 13B – both spouses agree to separate amicably).

  • Cooling-Off Period: 6 months (can be waived by the court in genuine cases).

2. Special Marriage Act, 1954

Applicable to inter-religious or inter-caste marriages, and civil marriages registered under this Act.

  • Grounds for divorce are similar to the Hindu Marriage Act: adultery, cruelty, desertion, mental disorder, venereal disease, presumption of death, or mutual consent.

  • Protects marriages solemnized irrespective of religion.

  • Provides mutual consent divorce under Section 28.

3. Indian Divorce Act, 1869 (Christians)

Applicable to Christians in India.

  • Divorce can be sought on grounds such as adultery, cruelty, desertion for 2+ years, conversion, or mental disorder.

  • Mutual consent divorce introduced by amendment (Section 10A).

  • Either spouse can file, and both must agree if mutual consent is sought.

4. Parsi Marriage and Divorce Act, 1936

Applicable to Parsis (Zoroastrians).

  • Divorce grounds include: adultery, cruelty, desertion for 2+ years, unsound mind, conversion, refusal to consummate, pregnancy before marriage by another man, and presumption of death.

  • Mutual consent divorce allowed under Section 32B.

  • Heard by Parsi Matrimonial Courts.

5. Muslim Personal Law (Shariat) Application Act, 1937 & Dissolution of Muslim Marriages Act, 1939

Applicable to Muslims in India.

  • Divorce can be:

    • By Husband (Talaq)

    • By Wife (Khula / Talaq-e-Tafweez)

    • By Mutual Consent (Mubarat)

    • By Court (Faskh – under Dissolution of Muslim Marriages Act, 1939)

  • Grounds include cruelty, desertion, failure to provide maintenance, impotency, imprisonment, or irretrievable breakdown.

6. Other Legislations

  • Foreign Marriages Act, 1969: Governs marriages where one spouse is an Indian citizen and the marriage takes place outside India. Divorce is handled under Indian law if registered under this Act.

  • Family Courts Act, 1984: Special Family Courts are set up in India for faster disposal of matrimonial matters, including divorce, custody, and maintenance cases.

Key Points Across All Divorce Laws in India

  • Mutual Consent Divorce is recognized under all major laws – it is the fastest and least stressful way to separate.

  • Contested Divorce is available when one spouse does not agree or when specific legal grounds exist.

  • Cooling-Off Period: Generally 6 months in mutual consent divorce (under Hindu and Special Marriage Acts), but courts can waive it in suitable cases.

  • Jurisdiction: Divorce petitions must be filed in the Family Court where the couple last resided together, where the marriage was solemnized, or where the wife currently resides.

Delhi Law Firm® – Your Legal Partner in Divorce Matters

At Delhi Law Firm®, we specialize in handling all types of divorce cases across India:

  • Hindu Divorce

  • Inter-Religious Divorce (Special Marriage Act)

  • Christian Divorce

  • Parsi Divorce

  • Muslim Divorce

  • NRI Divorce Cases

Our team ensures the process is confidential, stress-free, and legally sound.

👉 Start Mutual Divorce Online | Get Free Consultation

Divorce Laws in India – Quick Comparison

Marriage Law Who It Applies To Grounds for Divorce Mutual Consent Divorce
Hindu Marriage Act, 1955 Hindus, Buddhists, Jains, Sikhs Cruelty, adultery, desertion, conversion, mental disorder, venereal disease, renunciation, presumption of death ✅ Yes (Section 13B)
Special Marriage Act, 1954 Inter-religious or civil marriages registered under this Act Cruelty, adultery, desertion, mental disorder, venereal disease, presumption of death ✅ Yes (Section 28)
Indian Divorce Act, 1869 (Christians) Christian marriages Adultery, cruelty, desertion (2+ years), conversion, mental disorder ✅ Yes (Section 10A)
Parsi Marriage & Divorce Act, 1936 Parsis (Zoroastrians) Adultery, cruelty, desertion (2+ years), unsound mind, conversion, refusal to consummate, pregnancy before marriage, presumption of death ✅ Yes (Section 32B)
Muslim Law (Shariat & Dissolution of Muslim Marriages Act, 1939) Muslims Talaq (by husband), Khula (by wife), Mubarat (mutual consent), Faskh (court annulment for cruelty, desertion, failure to maintain, etc.) ✅ Yes (Mubarat)
Foreign Marriages Act, 1969 Marriages involving an Indian citizen abroad, if registered under this Act Similar grounds as Special Marriage Act ✅ Yes

Key Insight:

  • Mutual Consent Divorce is recognized under every major Indian marriage law.

  • It is always the fastest, least expensive, and most peaceful method of obtaining a divorce when both spouses agree.

  • Contested divorces (where one spouse does not agree) are much longer, costlier, and more stressful.

⚖️ Delhi Law Firm® provides expert legal services under all these marriage laws, ensuring smooth, confidential, and legally valid divorces across All India.

👉 Start Your Mutual Divorce Online | Get Free Consultation

Mutual Divorce Process in India – Step by Step

📄 Step 1: Petition Filing

  • Both spouses file a joint petition for divorce in the Family Court.

  • Includes details of marriage, separation, and settlement terms.

⏳ Time: Immediate

🏛️ Step 2: First Motion Hearing

  • Both spouses appear before the Family Court.

  • Court records their statements of consent.

  • Settlement terms (custody, alimony, property division) are submitted.

⏳ Time: Within a week of filing

⏳ Step 3: Cooling-Off Period (6 Months)

  • Court gives a 6-month waiting period under Section 13B(2).

  • Purpose: Give spouses time to reconsider.

  • ⚖️ Waiver Possible: If both parties have already been separated long and all issues are settled, court may waive this period (per Supreme Court rulings).

📜 Step 4: Second Motion Hearing

  • After 6 months (or earlier, if waived), both spouses appear again.

  • Court verifies continued consent and terms of settlement.

⏳ Time: After cooling-off period / waiver

✅ Step 5: Divorce Decree Granted

  • Family Court passes the final decree of divorce.

  • Marriage legally dissolved.

  • Both spouses free to move forward.

⚡ Timeline Summary

  • With cooling-off period: 6–12 months

  • With waiver: 2–3 months

📌 Key Features of Mutual Divorce

✔️ Peaceful & Stress-Free
✔️ Faster Than Contested Divorce
✔️ Lower Legal Costs
✔️ Confidential & Respectful

⚖️ Delhi Law Firm® – Helping couples across All India with a 100% success rate in mutual consent divorce cases.

👉 Start Mutual Divorce Online | Get Free Consultation