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.