Divorce can be a difficult emotional decision, but understanding the legal process helps you navigate it with clarity and confidence. In India, the divorce procedure varies based on the religion, type of marriage, and reason for separation. This step-by-step guide will walk you through the most common legal route to divorce under Indian law.
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Both spouses agree to end the marriage and file a joint petition.
One spouse files for divorce without the other’s consent, citing legal grounds such as cruelty, desertion, adultery, etc.
A joint petition is filed in the Family Court under Section 13B of the Hindu Marriage Act, 1955 (or relevant laws for other religions). It states that both parties agree to separate and have settled matters like alimony, child custody, property division, etc.
Both parties appear before the judge. The court examines the petition and records statements to confirm genuine mutual consent.
The court grants a mandatory 6-month period for reconciliation (can be waived in certain cases by Supreme Court ruling).
After the 6-month period, both parties must reconfirm their decision. If they still wish to proceed, the court records final statements.
If satisfied, the court passes a final decree of divorce, officially ending the marriage.
In a contested divorce, the petitioner must prove at least one valid legal ground. Common grounds include:
While mutual consent divorce can be more straightforward, hiring a lawyer is highly recommended to:
If you're considering divorce and unsure where to start, our experienced legal advisors at VakeelBabu.org are here to guide you - confidentially, respectfully, and professionally. We help you understand your rights, paperwork, and best legal options.