Divorce proceedings involve the legal dissolution of a marriage and may also raise connected questions concerning maintenance, child custody, property, residence and other matrimonial rights. The procedure and grounds for divorce depend on the law applicable to the marriage and the facts of the particular case. Understanding how to file for divorce in India requires careful consideration of these legal and procedural factors.
By evaluating unique factual circumstances, applicable personal laws, required documentation, and procedural mandates, Eagle Law & Integrity (ELI) guides clients through matrimonial legal matters. Our professional legal support includes legal counseling, document drafting, out-of-court negotiation, dispute mediation, and court representation before Family Courts and other competent forums based on the specific requirements of each case.
A divorce lawyer in Mumbai can assist in assessing the available grounds, jurisdiction, evidence and procedural route before proceedings are initiated or defended.
ELI’s divorce lawyer team in India can assist with a range of matrimonial matters, including:
A contested divorce is filed by one spouse on a ground recognised by law. Under Section 13 of the Hindu Marriage Act, 1955, the main grounds are cruelty, adultery, desertion for at least two years, conversion to another religion, serious mental disorder, communicable venereal disease, renouncing the world, and not being heard of for seven years. A wife has some additional grounds under Section 13(2). Under Section 14, a divorce petition cannot usually be filed within one year of the marriage without the court’s permission.
Assistance includes preparing pleadings, assessing evidence, and providing representation in court.
Both spouses file a joint petition under Section 13B of the Hindu Marriage Act, 1955 (or Section 28 of the Special Marriage Act, 1954), stating that they have lived separately for at least one year and have agreed to end the marriage.
The court records their statements (the “first motion”). The “second motion” is made not earlier than six months and not later than 18 months after that.
The Family Court can waive the six-month waiting period in suitable cases – Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746.
Terms on alimony, custody, stridhan and property are usually recorded in consent terms filed with the petition.
The divorce process in India depends on whether the proceedings are contested or based on mutual consent and which matrimonial statute governs the marriage.
Steps for Mutual Consent Divorce
Steps for Contested Divorce
Divorce disputes can involve several legal issues beyond the dissolution of marriage. Maintenance, custody, domestic violence, residence and property disputes may arise from the same family circumstances.
By consulting a knowledgeable divorce lawyer in India, ELI’s family and civil litigation practice enables these connected issues to be examined where appropriate. Assistance may include:
A divorce lawyer in Mumbai should consider the complete factual and legal position before advising on whether and how proceedings should be initiated.
The Hindu Marriage Act, 1955, the Special Marriage Act, 1954 and the Family Courts Act, 1984 govern divorce, judicial separation, restitution of conjugal rights and related matrimonial relief for marriages falling within their scope. Other personal laws may apply depending on the nature of the marriage and the parties concerned.
Statute
The Act governs Hindu marriages falling within its scope and contains provisions concerning divorce, judicial separation, restitution of conjugal rights and related matrimonial relief. Section 13 sets out statutory grounds for divorce, while Section 13B provides for divorce by mutual consent subject to the statutory requirements.
Statute
The Act provides a legal framework for marriages solemnised under it, including inter-faith and civil marriages, and contains provisions concerning matrimonial relief and divorce. Section 27 sets out the grounds for divorce and Section 28 provides for divorce by mutual consent.
Statute
The Act provides for Family Courts and their jurisdiction in specified family disputes, including proceedings relating to dissolution of marriage, maintenance and custody.
Statute
Earlier called the Indian Divorce Act, this governs divorce and matrimonial relief for Christian marriages.
Statute
Governs divorce and matrimonial relief for Parsi marriages, heard by the Parsi Chief Matrimonial Court in Mumbai.
Statute
The Dissolution of Muslim Marriages Act, 1939 sets out a wife’s grounds for divorce. The Muslim Women (Protection of Rights on Marriage) Act, 2019 makes instant triple talaq void and an offence. The Muslim Women (Protection of Rights on Divorce) Act, 1986 also applies.
Review of the marriage, the circumstances leading to the dispute, and the client’s objectives.
The marriage certificate, correspondence and other relevant documents are examined, and the personal law applicable to the marriage is identified.
Available grounds, jurisdiction and the choice between mutual consent and contested proceedings are assessed, along with connected maintenance, custody or property issues.
Petitions, replies and applications are prepared and filed before the competent Family Court or other forum.
Depending on the nature of the case, this may involve counselling, mediation and settlement discussions, or the presentation of evidence in contested proceedings.
Where a decree, order or settlement is obtained, appropriate steps may be taken to implement the resulting rights and obligations.
First, identify which law governs the marriage – for most Hindu, Sikh, Jain and Buddhist couples, the Hindu Marriage Act, 1955; for a civil or inter-faith marriage, the Special Marriage Act, 1954. Next, decide whether the divorce will be by mutual consent or contested. The petition, with the marriage certificate, proof of address and supporting documents, is filed in the Family Court that has jurisdiction. The court issues notice to the other spouse and refers the couple to counselling or mediation. If there is no settlement, it hears evidence and decides the case.
A divorce lawyer may assist with contested and mutual-consent divorce, matrimonial relief, maintenance, custody and connected family-law proceedings.
Under Section 19 of the Hindu Marriage Act, 1955, a petition can be filed where the marriage took place, where the other spouse lives, where the couple last lived together, or – if the wife is filing – where she is living now. In Mumbai, divorce cases are heard by the Family Court at Bandra.
Not under the Hindu Marriage Act – a Family Court cannot grant divorce on that ground alone. However, in Shilpa Sailesh v. Varun Sreenivasan (2023), a Constitution Bench of the Supreme Court held that the Supreme Court itself can dissolve a marriage that has irretrievably broken down, using its special power under Article 142 of the Constitution.
Mutual consent divorce is available where the applicable statute provides for it, and the statutory requirements are satisfied. Both spouses must agree to the dissolution and follow the prescribed procedure.
Yes. Under Section 24 of the Hindu Marriage Act, 1955, a husband or wife without enough income can ask for maintenance and litigation costs while the case is pending, and Section 25 allows permanent alimony when the divorce is granted. Maintenance can also be claimed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 CrPC). Both spouses must file an affidavit of their assets and income (Rajnesh v. Neha, 2021).
Yes. Where appropriate, custody and access issues may be considered in matrimonial proceedings or through separate proceedings under applicable family and guardianship laws.
A mutual-consent divorce usually takes at least six months from the first motion and can be quicker if the court waives the waiting period. A contested divorce commonly takes several years, depending on the court’s workload and how much of the case is disputed. No particular timeline can be promised.
The information on this page is general legal information and is not legal advice or a legal opinion. Every matter depends on its own facts and the applicable law. Reading this page, or contacting Eagle Law & Integrity through this website, does not create a lawyer–client relationship. No particular outcome is guaranteed. Please take legal advice on your specific situation before acting on anything on this page.
By thoroughly evaluating individual circumstances, identifying the governing legislation, and recommending legal options, Eagle Law & Integrity (ELI) provides guidance on matrimonial and divorce issues. Legal support includes document drafting, settlement negotiations, dispute mediation, and advocacy before the appropriate Family Court or forum.
A divorce lawyer in Mumbai examines jurisdiction, evidence, personal laws, and related domestic matters to determine the most suitable legal strategy.
Book a Consultation