Here’s a clear explanation of the Divorce Process in India (under the Hindu Marriage Act, 1955 and other applicable laws).
Divorce Matter Process in India
Divorce is the legal dissolution of a marriage by a court of law. In India, the process depends on whether it is mutual consent divorce or contested divorce.
1. Divorce by Mutual Consent
When both husband and wife agree to separate, the process is simpler.
Steps:
- Joint Petition – Both spouses file a joint petition in the family court stating mutual consent to divorce.
- First Motion – The court records the statements of both parties and grants a 6-month “cooling-off” period.
- Second Motion – After 6 months (and within 18 months), both parties must appear again and confirm their decision.
- Decree of Divorce – The court passes the final judgment, dissolving the marriage legally.
✅ Time Taken: Around 6–18 months.
2. Contested Divorce
When one spouse does not agree, divorce has to be filed on specific legal grounds (such as cruelty, adultery, desertion, conversion, mental disorder, communicable disease, renunciation, or absence for 7+ years).
Steps:
- Filing of Petition – One spouse files a divorce petition citing valid grounds.
- Service of Notice – The opposite party is served with a court notice.
- Response/Written Statement – The respondent files their reply.
- Evidence & Hearings – Both parties submit evidence, witnesses, and undergo cross-examination.
- Arguments – Lawyers present their arguments before the judge.
- Judgment – The court gives the final decree of divorce.
❌ Time Taken: 2–5 years (depending on case complexity).
Key Points to Remember
- Child custody, maintenance (alimony), and property division are decided during the process.
- Mediation is often encouraged to resolve disputes before final divorce.
- Divorce laws may differ based on religion (Hindu, Muslim, Christian, Parsi, or Special Marriage Act).
