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How To Navigate The Process Of Filing A Divorce In India

Writer: lead indialead india
2 days ago4 min read

With the evolution of time, the essence of education among women has increased significantly and thereby making the women financially independent. It gives them the freedom of not remaining with the painful marriage. This has led to an increase in divorce rate as women are no longer interested in keeping painful marriages for long term.


Even today, divorce is considered to be a painful procedure. It affects the parties mentally as the emotions of both the parties are involved in this. This even affects the person professionally. It is the bad phase of life.


The divorce laws in India are governed by personal laws and there is a different procedure of divorce under personal law. Hindu Marriage Act governs the divorce between the hindus. Likewise, Muslim personal law governs the divorce among muslim.

Types of Divorce

There are two types of divorce. The procedure of the divorce is different. Let us discuss these:

  • Divorce with Mutual Consent: In this case, both parties agree to move on with the divorce proceedings.  It takes far less time than a litigated divorce. In this case, a joint divorce petition is drafted with the assistance of a professional divorce lawyer, confirmed and signed by both husband and wife, and then filed in the proper court.

  • Contested Divorce: In this case, one or both parties have a disagreement on some aspect of their divorce. This is done in the absence of mutual consent. Couples who marry have various rights. If either partner violates any of the rights, the other is free to submit a divorce petition. There are several grounds of contested divorce like cruelty, desertion etc.

Process of Filing a Divorce in India

Divorce with Mutual Consent:

  • You should begin by contacting a lawyer to guide you through the divorce procedure. Your lawyer will assist you in completing the required papers and, if necessary, will represent you in court.

  • After employing a lawyer, both the husband and wife can file a joint petition for the termination of marriage in family court on the grounds that they have been living separately for one year or longer.

  • After filing a joint petition for divorce, the parties must appear in family court with their counsels. The petition and any supporting documents will be scrutinised and examined.

  • After examination of the petition, the court will order the parties to record their statements on oath. Oath puts the obligation on the parties to state truth during examination.

  • Following this, the court will issue an order on the first motion.  Following this, both parties are given a six-month interval before filing their second motion.

  • If the parties opt to continue with the divorce proceedings in India and appear before the court for the second motion within the timeframe specified, they may do so and move on to the final hearing.

  • If the court is satisfied then the court will pass the divorce decree.


Contested Divorce:

  • The first step is to call an attorney.  The aggrieved partner seeking to terminate the marriage must elaborate on the factors that led to their decision.

  • The petition must be filed by the spouse in the civil or family court of their local matrimonial jurisdiction. The spouse who filed the petition must sign it. It should also state the grounds and reasons for divorce.

  • After the court has adjudicated the petition, a notice is sent to another party to appear in court. You can accomplish this by having the court mail a copy of the petition to your spouse's address or delivering it in person.

  • After receiving the petition, your spouse has the opportunity to file a response.

  • The court's first and greatest goal is to reconcile and resolve the situation. However, it may also send the parties to mediation in an attempt to find an acceptable conclusion. If the mediation procedure fails, the court will continue with the divorce proceedings.

  • After framing the issue and hearing the parties, if the court thinks that it is advisable to grant the divorce decree then the court will pronounce the decree of divorce.

  • If either side does not accept the decision, they have the option to seek an appeal. However, it is subject to a three-month limitation period from the date of the decree.


Divorce is a momentous life event that must be carefully considered and planned for.  If you need legal counsel or representation, receiving advice from qualified lawyers is critical because it helps individuals understand the legal procedures, rights, and duties involved and allows them to manage the process more effectively. The divorce lawyer helps in making the judicial proceeding a bit easy, as he will handle it. The person might be suffering from emotional damage which might hinder the legal proceeding. Hiring a divorce lawyer mitigates such circumstances.


For any legal help, contact lead India. We offer free online legal consultation and other legal services. On our platform, you can talk to lawyers. You can freely ask any legal question. We provide the solutions to your legal problems.


Call Us: +91–8800788535

 
 
 

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