A guide to divorce procedures, grounds for divorce, and mutual consent divorce in India.
Types of Divorce in India
1. Mutual Consent Divorce
- Both parties agree to separate
- Must be living separately for at least 1 year
- Fastest way — typically 6-18 months
- Filed under Section 13B of Hindu Marriage Act
2. Contested Divorce
- One party files against the other
- Grounds include cruelty, desertion, adultery, mental disorder
- Can take 2-5 years or more
Grounds for Divorce
- Cruelty (physical or mental)
- Desertion for 2+ continuous years
- Adultery
- Conversion to another religion
- Mental disorder of unsound mind
- Incurable disease
Key Legal Provisions
- Alimony/Maintenance — Court decides based on income and circumstances
- Child Custody — Best interest of the child is paramount
- Property Division — Depends on individual ownership and contributions
How to File
- Consult a family law attorney
- File petition in Family Court
- Attend mandatory counseling sessions
- Court hearings and final decree