Divorce & Family Law FAQs

Indian law provides several grounds for divorce, depending on the personal laws applicable to the parties. Common grounds include cruelty, adultery, desertion for more than two years, conversion to another religion, mental disorder, communicable disease, renunciation of the world, and presumed death. For mutual consent divorce under Section 13B of the Hindu Marriage Act, both spouses must have lived separately for at least one year and must agree to dissolve the marriage amicably. These grounds differ slightly among religions and legal frameworks like the Special Marriage Act, Muslim Personal Law, and Christian Marriage Act.

Mutual consent divorce is a legal process where both spouses agree to end their marriage peacefully. Under Section 13B of the Hindu Marriage Act or Section 28 of the Special Marriage Act, a joint petition is filed stating the couple has lived separately for at least one year and mutually agreed to divorce. A six-month cooling-off period follows, which can be waived under special conditions. If the court is satisfied that the consent is genuine and terms like alimony and child custody are settled, it grants the final decree of divorce.

A contested divorce is initiated when one spouse does not consent to the divorce. The petitioner must file a divorce petition in the appropriate family court based on jurisdiction. The petition must clearly state the legal grounds for divorce and include all relevant documentation. The court issues a notice to the other spouse, who can then respond. The case proceeds through hearings, evidence submission, witness testimonies, and legal arguments before the judge passes a decree. Contested divorces are generally lengthy, often taking 2–5 years to resolve.

No, under Indian law, a court decree is mandatory to legally dissolve a marriage. Even if both parties mutually agree to separate, the divorce petition must be filed and approved in a family court. While mediation and counseling may happen outside court to settle issues amicably, the final divorce order is granted only by a judge. Online divorce services may help with paperwork and legal advice, but personal appearance is usually required at least once for mutual consent divorce.

The cooling-off period in mutual consent divorce is six months, mandated by Section 13B(2) of the Hindu Marriage Act. It is intended to allow couples time for reconciliation. However, the Supreme Court has ruled that this period is not mandatory and may be waived if the marriage has irretrievably broken down, both parties have settled issues like alimony and custody, and there's no chance of reunion. In such cases, the couple can request the court to waive the cooling-off period to expedite the divorce process.

Yes. Either spouse can withdraw their consent at any time before the final decree is granted in a mutual consent divorce. Mutual divorce requires ongoing agreement from both parties throughout the process. If one spouse refuses to proceed or withdraws consent, the court will dismiss the mutual petition, and the other party will have to initiate contested divorce proceedings on valid legal grounds.

Child custody decisions are based on the welfare and best interests of the child. Courts consider various factors such as the child's age, emotional and educational needs, financial stability of the parents, and the child’s comfort with each parent. Custody can be sole, joint, or physical. The non-custodial parent is typically granted visitation rights. The court may also consult the child, especially if they are above 9 years old, to understand their preference before granting custody.

Yes. Under Section 125 CrPC and personal laws, a wife is entitled to claim maintenance if she is unable to maintain herself. This includes during separation, pendency of divorce, and even after divorce. The amount is determined based on the husband's income, standard of living, wife's financial needs, and other relevant factors. Maintenance may be awarded as a lump sum or monthly payment. Working women may also claim maintenance if their income is insufficient to meet basic needs.

Hiring a lawyer is not legally mandatory, but it is highly recommended due to the complexity of legal documentation, procedural requirements, and representation in court. Individuals can file a divorce petition and appear as 'party-in-person,' but navigating court protocols, evidence handling, and argument presentation without legal expertise can lead to unnecessary delays or unfavorable outcomes.

Key documents for filing divorce include: marriage certificate, address and identity proofs, passport-sized photographs, proof of residence separation, details of children (if any), income and asset proofs, and evidence supporting the grounds (like chats, photos, police complaints, medical reports, etc.). For mutual consent, a settlement agreement outlining alimony, custody, and property division is also required. Proper documentation ensures faster and smoother court processing.