The Divorce Process in India, Step by Step

The divorce process in India has two routes. In a mutual consent divorce, husband and wife file one joint petition in the family court, appear twice, and usually get the decree in 6 to 18 months. In a contested divorce, one spouse files on a legal ground such as cruelty or desertion, and the case can run for several years.

Which law applies depends on the religion of the couple and how they married. This page explains the routes in plain words. It does not replace a lawyer, and every family court has its own small practices, so confirm the details with your advocate or the court's filing section.

What Are the Routes to Divorce in India?

There are two main routes, and a third one only the Supreme Court uses.

One rule applies to most Hindu couples before any route. Section 14 of the Hindu Marriage Act, 1955 says no divorce petition can be filed within one year of the wedding. A court can allow an early petition only for exceptional hardship.

How Does Mutual Consent Divorce Work?

Mutual consent divorce is a divorce where both spouses tell the court together that the marriage has ended. For Hindus, Sikhs, Jains and Buddhists it is under section 13B of the Hindu Marriage Act.

The short version:

1. The couple must have lived separately for at least one year.
2. They file a joint petition in the family court. This is the first motion.
3. The court records their statements.
4. They wait six months. This cooling-off period can be waived in some cases.
5. They appear again and confirm. This is the second motion.
6. The court passes the divorce decree.

"Living separately" means not living as husband and wife. Couples who stayed under one roof for the children's sake have still been treated as separated by courts, but ask your advocate before relying on that.

We explain each stage, the waiver and the settlement terms in our guide to the mutual divorce process in India.

How Does a Contested Divorce Work?

A contested divorce starts when one spouse files a petition on a ground the law accepts. The other spouse gets a notice, files a written reply, and the court usually sends both to mediation or counselling first.

If mediation fails, the case goes to evidence. Each side files affidavits, witnesses are examined and cross-examined, and then the final arguments are heard. Each of these steps can take months, because family courts are crowded and dates get adjourned.

The main grounds under section 13(1) of the Hindu Marriage Act are:

• adultery after the marriage
• cruelty, physical or mental
• desertion for a continuous period of at least two years
• conversion to another religion
• serious mental disorder
• renouncing the world (sanyas)
• the spouse not being heard of as alive for seven years

A wife has a few extra grounds of her own under section 13(2).

Many contested cases end as mutual consent cases midway, once the money and custody questions are settled. That is often the fastest exit.

Which Law Applies to Your Religion?

Every couple is governed by the law under which they married. The broad picture:

For Muslims, a husband can give talaq in the forms personal law accepts. Instant triple talaq, though, is void and is an offence under the Muslim Women (Protection of Rights on Marriage) Act, 2019.

A Muslim wife can seek khula, agree to a mubarat (separation by mutual consent), or go to court under the 1939 Act. One ground there is the husband failing to maintain her for two years. A local lawyer who handles family cases is the best guide to the steps.

Documents to Collect Before You File

Start collecting these early. Missing papers are a common reason for an adjourned date.

Where do you file? Under section 19 of the Hindu Marriage Act, the court can be the one where the marriage took place or where the other spouse lives. It can also be where the couple last lived together, or where the wife lives if she is the one filing.

How Long Does a Divorce Take, and What Does It Cost?

There is no official fee table for all of India. Court fees are set by each state and are usually small. The real cost is the lawyer's fee, which depends on the city and the advocate.

Do not trust anyone who promises a divorce "in 15 days" for a fixed price. Only a family court can grant a valid decree, and no website can issue one.

If money is a problem, you may get a free lawyer. Women are among the groups who can get free legal services under the Legal Services Authorities Act, 1987. Call the National Legal Services Authority helpline on 15100, listed on the NALSA website, or visit the legal services office at your district court.

Custody, Alimony and Stridhan

Three questions decide most divorces, and they are better settled on paper than left to the court.

Custody. The court's test is the welfare of the child. Under the Hindu Minority and Guardianship Act, 1956, a child under five years is ordinarily kept with the mother. Older children are often asked who they want to live with, and visiting rights for the other parent are set in the order.

Alimony and maintenance. Section 24 of the Hindu Marriage Act allows interim maintenance while the case runs, and section 25 allows permanent alimony. The amount depends on both incomes, the standard of living and who keeps the children. Since the Supreme Court's 2020 ruling in Rajnesh v. Neha, both sides usually have to file an affidavit of their income and assets.

Stridhan. Jewellery, gifts and money given to the bride, before or after the wedding, belong to her. A wife can ask for it back during the divorce. Keep a written list and photos of what was given at the wedding.

Can You Get Divorced Online?

Not fully. Some family courts let you file papers through the eCourts system and appear by video in certain hearings, especially when one spouse lives abroad. The decree still comes from a court after the legal steps. Ask the court's filing section what it allows.

Remarriage After Divorce

Under section 15 of the Hindu Marriage Act, a divorced person can marry again once the decree is final. That means there is no right of appeal, the appeal period has run out without an appeal, or the appeal has been dismissed.

For a contested decree, the appeal period is 90 days under section 28. Get a certified copy of the decree. Then ask your lawyer the exact date from which you are free to marry.

When the family is ready to look again, our guide on second marriage after divorce covers finding a match and what to write in the biodata.

Before You File, One Honest Check

Many couples who reach a lawyer's office have not tried counselling. If there is no violence and both of you still talk, read our guide on how to save a marriage first. If there is violence or a dowry demand, safety comes first: call 112 in an emergency, or the NCW helpline on 14490. Our post on what to do about a dowry demand lists the complaint routes.

More guides on hard situations are in our marriage problems section.