Divorce petitions from across Mumbai are heard at the Family Court in Bandra-Kurla Complex, and Parsi couples have their own matrimonial court at the Bombay High Court. This page explains how mutual and contested divorce work in Mumbai, how a shared flat or home loan is usually handled, and what to prepare before you speak to an advocate.
Divorce, maintenance, custody and other matrimonial cases in Mumbai are heard by the Family Court at Bandra (Bandra-Kurla Complex). Divorce Lawyers in Mumbai advise on the law, draft the papers and appear for you. Booking a first consultation with an enrolled advocate through Mara Vakil is free.
Couples in Mumbai usually come for divorce advice in a few common situations. Two working professionals who have been living apart for over a year want a quick mutual consent divorce and need help dividing a flat bought jointly with a home loan. One spouse has moved back to the parents' home in the suburbs or in another city, and the other wants to know where the case can be filed. A spouse working abroad wants to divorce without flying to Mumbai for every date. A wife faces a petition and wants to claim maintenance and keep the children's school admissions settled. Some couples are still unsure whether to divorce at all and want to understand judicial separation, or what a period of living apart means legally. Others want to understand what happens to the society share certificate, the car loan and the joint bank accounts once the marriage ends.
The law depends on the religion of the spouses and how they married. Hindus, Sikhs, Jains and Buddhists file under the Hindu Marriage Act, 1955, which allows mutual consent divorce under Section 13B after a year of separation, and contested divorce under Section 13 on grounds such as cruelty, desertion for two years and adultery. Marriages registered under the Special Marriage Act, 1954 use Sections 27 and 28 of that Act. Christians file under the Indian Divorce Act, 1869, with mutual divorce under Section 10A. Parsis are governed by the Parsi Marriage and Divorce Act, 1936. Muslim women can seek dissolution under the Dissolution of Muslim Marriages Act, 1939, and Muslim couples can also end a marriage by mutual arrangement under personal law. Maintenance can be claimed under the personal law, under Section 144 BNSS (old Section 125 CrPC) and under the Protection of Women from Domestic Violence Act, 2005.
Divorce, judicial separation, maintenance, custody and related property claims between spouses in Mumbai city and Mumbai suburban district are heard by the Family Court at Bandra, located in the Bandra-Kurla Complex. The court has several judges, along with marriage counsellors who meet the parties before the case moves ahead. Filing, scrutiny and certified copy work is done at the court registry, and the court can order visits or meetings between the children and the parent who does not have custody while the case is pending, with conditions where needed. A petition can usually be filed where the marriage was solemnised, where the respondent lives, where the couple last lived together, or in some cases where the wife lives. Residents of Thane, Navi Mumbai and other nearby areas generally go to the family courts serving those districts, so the correct court should be checked before filing.
Parsi divorce suits are heard by the Parsi Chief Matrimonial Court at the Bombay High Court, which sits with a jury of delegates drawn from the community. Appeals from the Family Court at Bandra go to the Bombay High Court. Domestic violence applications are filed before the Metropolitan Magistrate, though they can also be raised in the Family Court proceedings.
Joint petition at the Family Court at Bandra with consent terms covering alimony, the flat, loans, jewellery and children, followed by the second motion after the waiting period or a waiver. Clear terms now avoid fresh disputes later.
Petition on a ground under the applicable law, with evidence by affidavit and cross-examination. Maintenance and custody applications usually run alongside the main case. Evidence such as messages, medical records and witness statements needs to be gathered early.
Appearance through video conferencing where the court allows it, consent signed abroad before a notary or consulate, and service of notice on a spouse living outside India.
Look for an advocate who regularly handles cases at the Family Court at Bandra and is comfortable negotiating consent terms as well as running a contested trial. If property, a business or children are involved, ask how they would protect those interests in the settlement. Verify enrolment with the Bar Council of Maharashtra and Goa. Be open about income, assets and any past incidents, because they will come up in affidavits or cross-examination. Discuss realistic timelines and keep emotional decisions, such as sudden withdrawal of consent, for after you have spoken to your advocate.
Ask for the fee in writing, stage by stage, and keep receipts for every payment, including court fees and stamp paper for consent terms. Women are eligible for free legal aid regardless of income, and others may qualify through the Mumbai City or Mumbai Suburban District Legal Services Authority or by calling 15100. Mara Vakil is free for clients: you describe your matter at no cost and enrolled advocates contact you.
On Mara Vakil you describe your matter once and enrolled advocates who handle divorce matters in Mumbai can accept it and call you. Mara Vakil charges clients nothing to find or consult advocates. Send your matter
For residents of Mumbai city and suburban district, divorce cases are filed at the Family Court at Bandra in the Bandra-Kurla Complex. The court is chosen by where the marriage took place, where the respondent lives, where you last lived together or, in some cases, where the wife lives. Parsi divorces go to the Parsi Chief Matrimonial Court.
Yes, the court can waive the six-month gap between the first and second motion in a Section 13B divorce if the parties have been separated long enough, all issues are settled, and attempts at reconciliation have failed. An application for waiver is filed with reasons. Whether to grant it is the court's decision.
The flat is usually dealt with in the consent terms. One spouse may buy out the other's share and take over the loan with the bank's approval, or the flat may be sold and the proceeds divided. A transfer between spouses needs registration and stamp duty, and the society must record the change.
Yes. The spouse abroad can sign the petition and consent terms before a notary or the Indian consulate, and the Family Court may allow appearance through video conferencing for recording statements. The court decides on personal appearance case by case, so be prepared for at least one physical appearance.
The court considers the income, assets and liabilities of both spouses, their standard of living, the needs of any children and other relevant facts. Both sides file detailed income and asset affidavits. Interim maintenance can be ordered while the case is pending.
Personal presence is required at important stages such as counselling, the first and second motion and your own evidence. On other dates your advocate may be able to manage, with the court's permission. Missing key dates can delay the case or lead to an order in your absence.
No. Describing your matter and booking a first consultation with an enrolled advocate is free. Any fee for further work is agreed directly between you and the advocate.
Other help in Mumbai:
Divorce Lawyer in other cities:
Guide: How to file divorce in India: step-by-step guide
This page gives general information about the law in Mumbai, Maharashtra. It is not legal advice and is not an advertisement or solicitation by any advocate. Laws and court practice change; confirm details with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.
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