The process of divorce in India is emotionally, legally, and financially challenging for men.

This post aim to explain the procedure of divorce in India under the Hindu Marriage Act in a question-and-answer FAQ format to make it easier to understand.

It takes several years to get a divorce because India has no provision for prenuptial agreements and does not recognize no-fault divorce. Hence, the only options available for parties that they either move with mutually agreed conditions to a divorce or to file for divorce based on the other’s fault and contest it.

1. Different Divorce Model

There are essentially 2 model, Fault -based and no-fault divorce model, but India has only concept of fault-based divorce model. Let’s see the comparison chart.

Aspect	Fault-Based Divorce Model	No-Fault Divorce Model
Definition	One spouse must prove that the other is at fault for the breakdown of the marriage.	Neither spouse needs to prove fault; the marriage can end based on irretrievable breakdown.
Grounds for Divorce	Adultery, cruelty, desertion, mental disorder, conversion, venereal disease, etc.	Irreconcilable differences, incompatibility, or mutual decision to separate.
Burden of Proof	The petitioner (spouse filing for divorce) must provide evidence of wrongdoing.	No need to prove misconduct—just a declaration that the marriage has broken down.
Time Required	Can take several years due to legal battles and proving fault in court.	– — –
Emotional Impact	High stress and financial burden due to prolonged litigation and legal fees.	Less emotional strain as there is no allegations to prove
Status in India	India follows the fault-based model under the Hindu Marriage Act, requiring specific legal grounds for divorce.	No-fault divorce is not recognized in India; only the Supreme Court can grant divorce on the ground of irretrievable breakdown.
Status in Other Countries	— need to study	Common in Western countries like the U.S., Canada, U.K., France, Australia, etc..

2. Types of Divorce

2.1 Mutual Consent Divorce :

When both parties agrees to separate and file the divorce application jointly. Below are the law related to mutual consented divorce:

-> Section 13(b) of Hindu Marriage Act, 1955
-> Section 28 Special Marriage Act, 1954
-> Section 32(B) of Parsi Marriage and Divorce Act, 1936
-> Section 10A of Indian Divorce Act, 1869 (for Christians)

2.2 Contested Divorce or Fault-Based Divorce

When One spouse seeks a divorce but other party is not interested.

So a contested divorce can be filed under on the grounds of cruelty, desertion, adultery, mental disorder and for other reasons. The different laws which deals are:

-> Section 13(1) & 13(2) of Hindu Marriage Act, 1955
-> Section 27 of Special Marriage Act, 1954
-> Sections 30 & 32 of Parsi Marriage and Divorce Act, 1936
-> Sections 10 & 11 of Indian Divorce Act, 1869 (for Christians)

2.3 Customary Divorce

Customary divorce rarely used, which is recognized under personal laws for certain communities, provided that the customs are well-established and recognized by courts.

Section 29(2) of the Hindu Marriage Act, 1955 protects the validity of customary divorces. Tribes, some rural communities, and specific religious groups follow their own customary divorce practices.

Q: Which type of divorce is faster?

A: Mutual consent divorces are granted in six months, making them faster than contested divorces.

Q: Why do contested divorces take a long time?

A: Contested divorces are based on the fault-based principle, meaning the applicant must prove the allegations. This requires an extensive trial process, which can take several years.

Q: What is an annulment of marriage?

A: An annulment declares a marriage legally void, but it is only possible if specific criteria are met and the petition is filed within one year of marriage.

• Section 10 of the Hindu Marriage Act deals with judicial separation, which allows spouses to live apart without dissolving the marriage. This is different from annulment. Something like child marriage is not allowed.
• Section 11 of the Hindu Marriage Act deals with void marriages, such as cases where a person is already married and has not obtained a divorce, or where the marriage violates prohibited relationships (e.g., sibling-like relationships as per customs).
• Section 12 of the Hindu Marriage Act deals with voidable marriages, where the validity of marriage is in question—such as cases involving fraud, coercion, unsound mind, or lack of valid consent. If no petition is filed within one year, the marriage is treated as valid. Something like marriying a person who is in a state of unsound mind like drugged.

3. Grounds for filing a contested divorce, Fault based divorce

Grounds for contested divorce

A man can seek divorce under various grounds, including:

• Cruelty: physical or mental harassment by the wife.
• Adultery: wife having an extramarital affair.
• Desertion: wife leaving without reasonable cause for a reasonable period.
• Mental Disorder: if the wife suffers from an critical mental illness which shows are incompetency to manage family responsibilty.
• Conversion: if the wife converts to another religion.
• Venereal Disease: if the wife suffers from an incurable contagious disease.

Q: What are the grounds for filing a contested divorce under the Hindu Marriage Act?

A: Common grounds include cruelty, desertion, adultery, conversion, mental disorder, and other legally recognized reasons.

Q: Since the adultery law has been nullified, is adultery still a ground for divorce in India?

A: Yes, adultery remains a ground for divorce under personal laws. The Supreme Court has clarified in various rulings that while adultery is no longer a criminal offense, it can still be a valid reason for seeking divorce.

Q: What constitutes cruelty as a ground for divorce?

A: Cruelty can be physical or mental and includes actions that cause significant distress, harassment, or harm to the spouse.

Q: What is desertion, and how does it apply to divorce?

A: Desertion occurs when one spouse abandons the other without reasonable cause for a legally specified period (typically two years under the Hindu Marriage Act).

Q: Can I get a divorce based on the Irretrievable Breakdown of Marriage (IRBM) law?

A: While Irretrievable Breakdown of Marriage can be grounds for divorce, it is not yet codified into law for lower courts to grant divorce on this basis. Currently, only the Supreme Court of India has the power to grant divorce on this ground, and the process can take 15-20 years in most cases.

4. How to File for Divorce in India

Q: Where do I file for divorce in India?

A: A divorce application can be filed only in the Family Court having jurisdiction over the marriage or residence of the spouses.

Q: What documents are required for a divorce petition?

A: Yes, essential documents includes:

• Proof of marriage (wedding invitation, photographs, or marriage certificate)
• Photographs of the couple
• Marriage certificate (if available)
• Address proof of both spouses
• Evidence supporting the grounds for divorce (e.g., messages, emails, medical reports, witness statements)

Q: How long does the divorce process typically take in India?

A: Mutual consent divorce: Typically takes a minimum of six months. While the Contested divorce (fault-based) can take several years due to legal proceedings and court trials.

Q: Is there a waiting period in a mutual consent divorce?

A: Yes, a mutual consent divorce involves three motions of hearing to allow time for settlement, ensure compliance with conditions like payment of permanent alimony, and finalize the case closure.

Q: Can the mandatory waiting period of one year in a mutual consent divorce be waived?

A: The Supreme Court has issued guidelines for waiving the waiting period in exceptional circumstances. However, this waiver is granted rarely and is subject to the court’s discretion.

Q: Do I need a lawyer to get a divorce?

A: While it is not legally mandatory, it is highly recommended to have a lawyer for legal representation and guidance.

Q: Can divorce be filed online?

A: No, divorce cannot be filed online. Both spouses must appear before the court to file the divorce petition and complete the necessary legal proceedings.

5. Can a husband avoid paying alimony?

Alimony is determined based on multiple factors, including:

• The financial status of both spouses
• The earning capacity of the wife (should be, but generally not considered)
• The duration of the marriage (should be, but generally not considered)
• The presence of children

A husband can contest alimony if:

• The wife is financially independent
• The wife has deliberately left her job to claim maintenance
• There is proof of misuse of maintenance laws

6. What legal rights do men have during divorce?

Men have several legal rights, including:

• The right to contest false allegations and demand proof
• The right to claim shared assets and property acquired during marriage
• The right to seek child custody
• The right to appeal in higher courts

7. How can men protect themselves before and during divorce proceedings?

To safeguard their interests, men should:

• Keep records of all communications and financial transactions
• Avoid impulsive actions that could be used against you in court
• Seek legal advice early and consult any Men’s Rights Group and lawyer
• Engage in mediation before opting for litigation
• File counter-cases if facing false allegations

8. Important Questions

Q: How much does a divorce cost in India?

A: The cost of a divorce in India depends on several factors:

• Alimony to wife in Mutual consent divorce: it depends on agreement between parties.
• Alimony to wife in Contested divorce: it depends on husband earnings, in general 5-10 year of husband’s income.
• Lawyer’s fees: Can range from ₹30,000 to several lakhs, depending on experience and complexity.
• Court fees and paperwork: Usually minimal but varies by state.

Q: Can a NRI file for divorce in India?

A: Yes if married wit Indian woman.

Q: Is a divorce obtained in another country valid in India?

A divorce granted in another country may or may not be recognized in India, depending on the circumstances:

Recognized in India if, the divorce is based on mutual consent and follows the principles of natural justice.

Not recognized in India if, The divorce was granted ex parte (i.e., one spouse was not present or did not contest). or if it violates Indian laws or public policy (e.g., if granted on grounds not recognized under Indian law) or violates other certain laws.

Legal Consideration:

• If the foreign divorce is not recognized, the couple is still legally married in India.
• A fresh divorce petition may be required to be filed in Indian court under Indian law.
• Consulting a family law expert is recommended before relying on a foreign divorce decree.

Divorce laws in India can be challenging for men due to inherent biases. It is essential for men to stay informed, gather evidence, and seek proper legal support to navigate these difficulties. If you need assistance, reach out to Men Helpline Organization for guidance and support.