How do I get a divorce in India? What is the current procedure?

Divorce in India is governed by personal law, not a single uniform code. The applicable statute depends on the religion and circumstances of the marriage:

(1) Hindus, Buddhists, Sikhs, Jains — the Hindu Marriage Act, 1955;
(2) Christians — the Indian Divorce Act, 1869;
(3) Muslims — personal law for husbands, and the Dissolution of Muslim Marriages Act, 1939 for wives;
(4) Parsis — the Parsi Marriage and Divorce Act, 1936;
(5) Inter-faith or civil marriages — the Special Marriage Act, 1954.

The petition must be filed in the Family Court that has territorial jurisdiction — usually where the marriage was solemnised, where the parties last resided together, or where the respondent currently resides.

Mutual Consent Divorce (Section 13B HMA) — both spouses agree to dissolve the marriage and to terms for alimony, custody and property. It involves two motions separated by a 6-month cooling-off period and is typically resolved in 6-18 months. This is by far the faster, cheaper and less acrimonious route.

Contested Divorce (Section 13(1) HMA) — one spouse files unilaterally and must prove a statutory ground such as cruelty, desertion (2+ years), adultery, conversion, mental disorder, communicable disease, renunciation of the world, or presumption of death (7+ years). Contested divorces typically take 2-7 years, longer if there are appeals.

Yes, in deserving cases. The Supreme Court in Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746 held that the 6-month period is directory, not mandatory. The court can waive it where:

(1) The parties have already lived separately for the statutory period (1.5+ years);
(2) All efforts at reconciliation have failed;
(3) The parties have genuinely settled differences including alimony and custody;
(4) The waiting period would only prolong agony.

In Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC OnLine SC 544, the Supreme Court further held it can grant divorce directly under Article 142 in cases of irretrievable breakdown of marriage, bypassing the cooling-off period entirely.

Under Section 13(1) of the Hindu Marriage Act (and equivalent provisions in other personal laws), the grounds available to either spouse include:

(1) Cruelty — physical or mental. Indian courts construe this broadly to include sustained emotional abuse, denial of conjugal relations, false allegations and dowry demands;
(2) Desertion — without reasonable cause for at least 2 continuous years;
(3) Adultery — see our adultery and divorce guide;
(4) Conversion to another religion;
(5) Mental disorder rendering cohabitation unreasonable;
(6) Communicable disease of a virulent and incurable form;
(7) Renunciation of the world;
(8) Presumption of death — spouse not heard from for 7+ years.

A wife additionally has grounds under Section 13(2) including bigamy and rape, sodomy or bestiality by the husband.

Step 1 — Engage a reputable, specialised family lawyer. See our family lawyer guide.

Step 2 — Gather documents: marriage certificate, ID proofs of both spouses, photographs from the wedding, address proof, salary slips and bank statements, evidence supporting your ground (for contested cases).

Step 3 — File the petition in the Family Court with proper territorial jurisdiction. Court fee is nominal — usually ₹15-₹500.

Step 4 — Service and reply. The court issues summons to the respondent, who files a written statement.

Step 5 — Mediation. Family Courts now refer parties to mediation as a first step (Section 9, Family Courts Act, 1984).

Step 6 — Trial and decree. Evidence is led if mediation fails. On a decree of divorce, both parties are free to remarry after the appeal period expires (90 days).

For related matters, see child maintenance and protection orders.

Section 25 of the Hindu Marriage Act allows either spouse to apply for permanent alimony and maintenance at the time of the divorce decree or after it. The court considers:

• Both parties' income, earning capacity, and financial resources.
• Conduct of the parties during the marriage.
• The applicant's standard of living during marriage and inability to maintain it post-divorce.
• Presence of young children requiring parental care.

Section 24 HMA — interim maintenance during proceedings: Either spouse can apply for maintenance pendente lite (while the case is pending) plus litigation expenses. Courts typically decide these applications within 60–90 days of filing. In practice, Family Courts in Mumbai, Delhi, and Bengaluru routinely grant 20–30% of the earning spouse's net take-home as interim maintenance, though the figure is entirely at the court's discretion.

Quantum guidelines: The Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324, laid down comprehensive guidelines on maintenance including a standardised affidavit of assets and liabilities that both parties must file. The court emphasised that maintenance should ensure the applicant maintains a standard of living comparable to the marriage — not merely subsistence level.

Remarriage extinguishes the right: A permanent alimony order stands until the recipient remarries, at which point the paying party may apply to the Family Court for cancellation under Section 25(2) HMA.

India has no unified matrimonial property law. The outcome depends on whose name the property is in and how it was acquired.

Property in one spouse's name: Legally belongs to that spouse. The other spouse has no automatic claim under current Hindu law — unlike in common-law jurisdictions. However, the court weighs the non-owning spouse's contribution (financial and non-financial) when determining alimony quantum.

Jointly held property: Each spouse holds their share as co-owner. On divorce, either party can file a partition suit. Courts may order sale and division of proceeds, or award exclusive possession to the party with primary custody of children.

Streedhan: Gifts received by the wife from parents, in-laws, and others before, during, or after the marriage are her absolute property under Section 14 HMA. This includes jewellery, cash, and movable property. The husband's retention of streedhan can be prosecuted as criminal breach of trust under Section 316, Bharatiya Nyaya Sanhita, 2023.

Section 27 HMA: Allows the Family Court to make orders about property presented jointly to both spouses at or about the time of marriage — typically wedding gifts given to the couple together. The court has wide discretion on how to divide such property.

Practical settlement approach: Most mutual consent divorces include a comprehensive settlement deed signed at the time of the second motion. This deed records the agreed division of property, alimony amount, child custody and access terms, and mutual withdrawal of all other pending cases — providing a clean break.

Interim custody during proceedings: Either parent can apply to the Family Court for interim custody under Section 26 HMA at any stage. Courts typically grant the primary caregiver (usually the mother for young children) interim physical custody, with defined access or visitation for the other parent. Any party who violates a custody order can be held in contempt of court.

Passport and travel restrictions: Courts routinely pass orders preventing a spouse from taking children out of India or even out of the jurisdiction without prior permission. If you fear international parental abduction:

• Apply to the Family Court for a travel restriction order specifying that the children's passports be surrendered to the court or held by the court registry until further orders.
• Alert the Regional Passport Office (passportindia.gov.in) in writing — they may place a look-out/alert against issuance of a passport to a minor child without both parents' consent.
• If abduction has already occurred to a country that is a signatory to the Hague Convention on Child Abduction: India is not a signatory, but courts have shown willingness to apply the Convention's principles in return-of-child cases.

Name change and school records: Courts resist orders that disrupt children's schooling or daily routine during contested proceedings — a factor that can influence interim custody decisions significantly.