A practical, plain-English guide to filing for divorce in India, whether you and your spouse agree or not: where to file, what papers you need, how long it takes and what happens to maintenance and children.
Mara Vakil editorial team · Updated 16 October 2026
To file for divorce in India, decide whether it is mutual consent or contested, then file the petition in the Family Court where you married, last lived together or where the wife now lives. A mutual divorce under Section 13B needs one year of separation and two motions, while a contested case needs proof of a legal ground such as cruelty or desertion.
There are two ways to end a marriage through the court. In a mutual consent divorce both spouses agree that the marriage should end and agree on terms such as maintenance, custody and belongings. In a contested divorce one spouse files on a ground recognised by law and the other may oppose it, so the court decides on evidence.
Mutual consent is usually faster, cheaper and less stressful. Even couples who start with a contested case often settle and convert it into a mutual divorce, especially after mediation. A contested case is the right route when the other spouse will not agree or cannot be found.
The governing law depends on how and under which law you married. Hindus, Sikhs, Jains and Buddhists who married under Hindu rites are governed by the Hindu Marriage Act, 1955. Couples who registered under the Special Marriage Act, 1954, including many inter-faith couples, follow that Act. Muslims are governed by Muslim personal law and the Dissolution of Muslim Marriages Act, 1939, Christians by the Indian Divorce Act, 1869, and Parsis by the Parsi Marriage and Divorce Act, 1936.
The grounds, the waiting periods and some procedures differ between these laws, so the first conversation with an advocate is usually about which law applies and where the case can be filed.
A divorce petition is filed in the Family Court (or the district court where there is no Family Court) within whose area the marriage was solemnised, the couple last lived together, the respondent lives, or, if the wife is the petitioner, where she is now living. Choosing the right court avoids an objection on jurisdiction later.
Under Section 13B of the Hindu Marriage Act, the couple must have lived separately for at least one year before filing. Living separately means not living as husband and wife, even if under the same roof in some cases. The couple files a joint petition with a settlement covering maintenance or alimony, custody and visitation, return of belongings and withdrawal of any other cases.
At the first motion the court records the statements of both spouses. The law then provides a six-month period before the second motion, to allow reconsideration. In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that this period can be waived where the couple has been apart for a long time, settlement is complete and mediation has failed. At the second motion, if both still consent, the court grants the decree.
A contested petition sets out the ground, for example cruelty, desertion for at least two years, adultery or another ground under Section 13 of the Hindu Marriage Act. The court issues notice to the other spouse, who files a reply. The court usually refers the parties to mediation. If mediation fails, issues are framed, both sides file evidence affidavits, witnesses are cross-examined and final arguments are heard.
Interim applications are decided during the case: maintenance and litigation costs under Section 24, interim custody and visitation, and sometimes protection under the Domestic Violence Act. Contested cases take considerably longer than mutual ones, often a few years depending on the court.
Either spouse who cannot maintain themselves can ask for maintenance. Since Rajnesh v. Neha (2020), both sides must file detailed affidavits of assets, income and expenses at the start of any maintenance claim. Courts look at income, standard of living, needs of children and other obligations.
Custody is decided on the welfare of the child. The court considers the child's age, schooling, health, who has been the main caregiver and, for older children, the child's own wishes. The other parent is usually given regular visitation, including video contact where they live far away.
A certified copy of the decree is your proof of divorce. Under the Hindu Marriage Act an appeal can be filed within 90 days, and remarriage is lawful only after the appeal period ends without an appeal or after any appeal is dismissed. Update your records such as passport, bank nominations and insurance after the divorce.
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The steps above explain the two routes. This part goes deeper into the paperwork and the days in court: how a settlement agreement is written, how the petition is drafted, what happens on filing day and at each motion, how waiting periods can be shortened, how other personal laws differ in procedure, and what to do once the decree is in your hand.
| Stage | Mutual consent | Contested |
|---|---|---|
| Preparation | Agree all terms, sign a settlement agreement | Collect evidence for the ground, decide interim claims |
| Filing | Joint petition signed by both, both present | Petition by one spouse, notice to the other |
| Early hearings | First motion statements recorded | Reply, mediation, interim applications |
| Middle stage | Waiting period, or an application to waive it | Issues, evidence affidavits, cross-examination |
| End | Second motion and decree | Final arguments and judgment |
| Usual duration | About six to eighteen months; less if waiver granted | Often two to five years, longer with appeals |
A mutual consent divorce stands or falls on the settlement. Courts will grant the decree only if both spouses confirm, at both motions, that they agree freely, and most collapses happen because a term was vague or a payment was not tied to the right stage. A written agreement, sometimes called a memorandum of understanding, is signed before the first motion and filed with the petition or placed on record.
| When | What happens | Your tasks |
|---|---|---|
| Weeks 1 to 4 | Talks or mediation on terms | List income, assets and expenses; decide priorities; take advice |
| Weeks 4 to 6 | Settlement agreement drafted and signed | Check every figure and date; arrange first instalment |
| Week 6 or so | Joint petition filed | Bring originals, photographs and identity proof; both attend |
| First motion date | Statements recorded; first instalment paid | Attend in person or by video if allowed |
| A week later | Waiver application, if eligible | Provide proof of separation and mediation history |
| Second motion | Statements confirmed; balance paid; decree passed | Bring the balance payment and any articles to be returned |
| After the decree | Certified copy issued | Update passport, bank nominees, will, school records |
Without a waiver, the second motion comes at least six months after filing. With one, the whole process can be complete within a couple of months of signing the settlement.
| Usually prepared by the advocate | Usually provided by you |
|---|---|
| Petition and affidavits | Marriage certificate or proof of marriage |
| Settlement agreement draft | Identity and address proof |
| Disclosure affidavit format | Salary slips, tax returns, bank statements, property papers |
| Interim applications | Children's birth certificates, school and medical records |
| Waiver application | Proof of separation date |
| Vakalatnama and filing index | Evidence such as messages and medical records, in a contested case |
| Written submissions | A clear, honest account of the facts, in date order |
The more organised your documents are, the less time your advocate spends chasing them, which saves both delay and fees.
Couples separating after twenty or thirty years face particular issues. Grown-up children may be drawn into the dispute; assets are often larger and more entangled, such as family homes, businesses and retirement savings; and one spouse may have been out of paid work for decades. Courts take the length of the marriage, the standard of living and the earning capacity of each spouse into account when deciding alimony. Settlements in such cases often focus on a home or a secure income for the financially weaker spouse, division of jointly held investments, and arrangements for health insurance. Wills, nominations and joint property titles need careful revision afterwards. Mediation is particularly useful, because the parties often still share family events and grandchildren.
Under the Hindu Marriage Act, a mutual petition is filed under Section 13B by both spouses together. It is usually short. A typical structure:
Each spouse also files a supporting affidavit, and both sign the petition, often in the presence of the court staff or their advocates.
A contested petition is longer because it must plead the ground with facts. It follows the same opening, then sets out in date order the specific incidents relied on, such as acts of cruelty with dates and places, or the date of desertion and attempts at reconciliation. Vague allegations are a common weakness; specific incidents with supporting documents carry far more weight. The prayer asks for divorce on the stated ground and may add requests such as custody, permanent alimony and return of articles, though these are often pursued through separate applications.
Family courts in most States accept pleadings in the State language as well as English. Documents in another language, such as a marriage certificate from another State or a foreign document, usually need a certified translation. Make sure you understand every line of a petition or affidavit before signing it; ask for a translation or explanation if needed, because you will be bound by what it says.
Following Rajnesh v. Neha (2020), whenever maintenance is claimed, both spouses must file an affidavit disclosing income, assets, liabilities and expenses in the format the Supreme Court prescribed. Prepare it carefully with documents such as salary slips, income tax returns, bank statements and property papers. Concealment or false figures can lead to adverse findings and even proceedings for perjury.
The marriage registration service explains how to obtain a marriage certificate if you never registered.
Family courts are designed to be less formal than ordinary civil courts, but the first visit can still be confusing. Here is what to expect in most cities.
Family courts often hear matters in chambers or with only the parties present. Speak plainly, answer what the judge asks, and avoid arguing with your spouse in front of the court. If you are nervous, tell your advocate in advance what you want to say.
You may bring a family member or friend for support, though they may not be allowed into the courtroom or mediation room. Arrange childcare for young children if you can; family court premises are crowded and the wait can be long.
Matrimonial proceedings are often held in camera, and the law restricts publication of proceedings. You can ask the court to keep sensitive documents, such as medical records, in a sealed cover.
On the first-motion date each spouse gives a short sworn statement: that the petition is true, how long they have been apart, what they have agreed, and that nobody has pressured them. If part of the alimony is payable at this stage, it is commonly handed over in court and noted in the order. The court then adjourns the matter for the second motion.
By Section 13B(2), the couple may come back for the second motion only after six months have passed from presenting the petition, and must do so before eighteen months run out. The six months is meant to give the couple time to reconsider. If neither spouse moves the court within eighteen months, the petition can lapse.
At the second motion, both spouses appear again and confirm that they still consent and that the terms have been or will be carried out. The balance payment and the return of articles are often completed and recorded at this hearing. If the court is satisfied, it passes the decree of divorce, usually on the same day.
If one spouse fails to appear for the second motion, the court may give another date. If that spouse has withdrawn consent, the court cannot grant a mutual consent decree. The other spouse may then have to pursue a contested petition, and any breach of the settlement can be raised.
The six months is not an absolute bar. Ruling in Amardeep Singh v. Harveen Kaur in 2017, the Supreme Court treated it as directory and allowed family courts to dispense with it. The court considers whether:
An application for waiver can be filed a week after the first motion. It should set out the date of separation, the mediation history, the settlement and why waiting serves no purpose. Courts consider each case on its facts and do not grant waiver automatically.
In Shilpa Sailesh v. Varun Sreenivasan (2023), five judges ruled that the Supreme Court itself, using its special power under Article 142, may end a marriage that has completely broken down and skip the waiting period, where the facts justify it. This power belongs to the Supreme Court, not to family courts, and is used sparingly, usually where a case is already before it.
| Step | Document | Who files it |
|---|---|---|
| Start | Divorce petition with affidavit and documents | Petitioner |
| Notice | Process fee and copies for service; later, an affidavit of service | Petitioner |
| Reply | Written statement answering each paragraph, with any counter-claim | Respondent |
| Interim money | Application for maintenance pending the case and litigation expenses, with the disclosure affidavit | Spouse in need |
| Interim custody | Application for custody or visitation pending the case | Either parent |
| Mediation | Referral order; settlement agreement if mediation succeeds | Court and mediator |
| Issues | Court frames the points to be decided | Court |
| Evidence | Evidence affidavits of each party and witnesses, with exhibits | Both sides |
| Cross-examination | Recorded in court or before a local commissioner | Both sides |
| Arguments | Written submissions and oral arguments | Both sides |
| Judgment | Decree of divorce or dismissal | Court |
If notice is served and the respondent stays away, the court can proceed ex parte and decide on the petitioner's evidence alone. A respondent who later shows sufficient cause can apply to set aside an ex parte decree. If the respondent cannot be traced, the court may allow service by publication in a newspaper.
Many contested cases settle during mediation. The parties can then file a joint petition for mutual consent, or ask the court to treat the case as one for mutual divorce, and the time already spent in litigation is often taken into account when considering a waiver of the waiting period.
Contested divorces slow down when dates are lost to adjournments: a party not appearing, papers not served, evidence not ready. Keep your own witnesses informed of dates, file affidavits on time, and ask your advocate to resist unnecessary adjournments by the other side. Where one side delays deliberately, courts can impose costs or close that side's evidence.
Electronic evidence, such as messages and recordings, needs to be proved in the manner the evidence law requires, including a certificate where applicable. Ask your advocate early how to preserve it.
When the case is pending in a different State and travel is a real hardship, a spouse may file a transfer petition in the Supreme Court asking for the case to be moved closer. Courts have generally been sympathetic to wives seeking transfer to their place of residence, and in recent years have also encouraged video appearance to reduce travel instead of transferring every case. Within a State, the High Court or district judge can transfer cases between courts.
A spouse living abroad can sign the petition and affidavits before an Indian consulate or a notary, with apostille or attestation as required, and send them to India. Family courts increasingly allow appearance by video for statements, especially in mutual consent cases. A power of attorney can let a relative handle procedural steps, though the spouse's own consent must still be recorded by the court. Read the power of attorney service page for how such documents are prepared.
A foreign divorce decree is recognised in India only if it satisfies the conditions the Supreme Court set out in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), in short, the foreign court must have had proper jurisdiction, the ground for divorce must exist in the Indian law that governed the marriage, and the other spouse must have genuinely taken part or agreed. A decree that fails these tests may not be treated as valid in India, with serious consequences for remarriage and property.
A contested divorce can take years. The law lets the court make temporary arrangements so that nobody is left without money, a home or contact with the children in the meantime. Each is a separate application within the divorce case or, sometimes, a separate proceeding.
Section 24 of the Hindu Marriage Act lets a husband or wife who cannot support themselves ask for a monthly amount, and money for the case itself, to be paid by the other spouse until the divorce is decided. The application is supported by the disclosure affidavit, and the court should decide it quickly, ideally within sixty days. Similar provisions exist under the Special Marriage Act and other laws. Maintenance can also be sought under Section 144 of the BNSS before a magistrate or family court, but the court adjusts amounts so the same need is not paid twice.
Under Section 26 of the Hindu Marriage Act and the guardianship laws, the court can make interim orders on custody, education and visiting. Applications should propose a specific schedule, explain the child's routine and school, and attach school or medical records. Courts often order supervised or video visits where parents live far apart or there is conflict.
The 2005 domestic violence law gives a woman access to orders stopping the abuse, securing her right to stay in the home, providing money and deciding temporary custody. These can be sought in the family court during the divorce or before a magistrate. The right to reside in the shared household does not depend on owning it.
Interim maintenance and custody orders are not final. If income changes, a child's needs grow, or a parent moves, either side can apply for modification. Keep paying under the existing order until the court changes it; stopping payments on your own can lead to recovery proceedings and weaken your position.
Applications for return of streedhan and personal articles can be made in the family court, and criminal remedies also exist where articles are wrongfully withheld. A list with photographs and receipts, where available, helps.
If there is a real risk that a spouse will sell or transfer assets to defeat a maintenance claim, the court can be asked for an order restraining transfer pending the case.
For the substantive law on maintenance and custody, read the divorce lawyer guide and the family law guide.
Almost every family court sends couples to mediation at an early stage. Many divorce cases, even bitterly fought ones, end with a settlement reached in mediation and converted into a mutual consent decree.
The mediator, a trained advocate, retired judge or counsellor attached to the court's mediation centre, meets the spouses together and separately. Advocates may attend in some centres. The mediator does not decide anything; the job is to help the couple identify what each needs and find terms both can accept. What is said in the room stays there; if talks break down, neither side can quote it before the judge.
The mediator records the terms in a written settlement signed by both spouses. The family court then proceeds on the basis of the settlement, usually by recording statements for a mutual consent divorce. Make sure the written terms match what was agreed in every detail before signing.
The case simply returns to court and continues. Failure of mediation is also one of the factors a court considers when deciding whether to waive the waiting period if the couple later agree to a mutual divorce.
Custody terms written as "reasonable access" lead to arguments every month. Courts and mediators increasingly prefer detailed parenting plans. Here is the kind of detail that prevents disputes; adapt it to your children's ages and your distances.
| Topic | Example term |
|---|---|
| Where the child lives | Primarily with the mother during school term |
| Weekends | With the father on alternate weekends, Saturday 10 a.m. to Sunday 6 p.m., pick-up and drop at the mother's home |
| Midweek | Video call every Tuesday and Thursday at 7.30 p.m. for up to thirty minutes |
| School holidays | Summer vacation split into two equal halves; winter break alternating each year |
| Festivals and birthdays | Major festivals alternate each year; child's birthday shared, with each parent having part of the day |
| School and health decisions | Both parents consulted on change of school and major medical treatment; either can attend parent-teacher meetings |
| Travel | Domestic travel with notice of seven days; travel abroad only with written consent of the other parent, passport kept by the residential parent |
| Expenses | Monthly child maintenance plus half of school fees and medical costs above a stated amount |
| Changes | Changes agreed in writing; if a parent relocates, the plan is reviewed |
| Communication | Arrangements discussed through a messaging app or email, not through the child |
Courts decide custody on the child's welfare, and can change arrangements later if circumstances change. A plan that both parents can actually follow is better than one that looks generous on paper.
You can still file a contested petition. The court will try ordinary service at the last known address and, if that fails, may allow substituted service, such as a notice in a newspaper circulating in the area. The Hindu Marriage Act also treats seven years of complete silence, where nobody who would normally hear from the spouse has heard anything, as a ground on its own.
Notice can be served through the Indian embassy, by email where the court permits, or through other modes allowed by the court. Women abandoned by husbands abroad can also seek help from the Ministry of External Affairs and Indian missions, which have schemes for legal and financial assistance in some cases.
Where a spouse has a serious mental disorder, the law sets a high bar for divorce on that ground and requires medical evidence. A guardian may be appointed to represent a spouse who cannot conduct the case. Courts approach these cases with care and often explore settlement through family members.
Divorce disputes sometimes come with criminal complaints. Respond through your advocate, seek anticipatory bail if arrest is feared, and keep your own records. The bail process guide explains the steps. Many such cases are settled together with the divorce.
If you need an advocate, you can post your matter or read how to choose an advocate.
The steps above follow the Hindu Marriage Act, which covers most divorces in India. Other laws follow broadly similar court procedures with some important differences.
| Law | Mutual consent provision | Separation before filing | Notes |
|---|---|---|---|
| Special Marriage Act, 1954 | Section 28 | One year | Same two-motion structure; covers marriages registered under this Act, including many inter-faith marriages |
| Indian Divorce Act, 1869 (Christians) | Section 10A | Two years | Petition in the district or family court; waiting period before the decree |
| Parsi Marriage and Divorce Act, 1936 | Section 32B | One year | Heard by Parsi matrimonial courts in which delegates from the community sit with the judge |
| Muslim law | Mubarat (mutual) and khula | Not applicable | Mostly outside court; a wife can also seek a court decree under the Dissolution of Muslim Marriages Act, 1939 |
Muslim personal law recognises several forms of divorce. A husband may pronounce talaq in the approved forms, with the waiting period of iddat. Instant triple talaq no longer has legal effect after the Supreme Court's 2017 ruling in the Shayara Bano case, and a 2019 law on the rights of Muslim women on marriage now makes pronouncing it punishable. A wife may seek khula, usually by agreement and often returning the mahr, and spouses may agree to a mutual divorce called mubarat. A wife can also go to court under the Dissolution of Muslim Marriages Act, 1939 on grounds such as the husband's whereabouts being unknown for four years, failure to maintain for two years, cruelty and others. Documentation, such as a written talaqnama or khulanama and witnesses, matters for later proof.
If you married under the Special Marriage Act, that Act governs divorce regardless of your religions. If you married under personal law rites and also registered the marriage, the personal law usually governs. When in doubt, the marriage certificate and the ceremony decide; an advocate can confirm.
Some couples married under one law and later converted, married abroad, or had both a religious ceremony and a registration under another Act. These situations can raise questions about which law governs the divorce and which court can hear it. Bring every certificate and a clear account of each ceremony to the first consultation so the advocate can advise correctly.
Some couples are not ready for divorce, for religious, family or financial reasons. Most personal laws allow judicial separation, a court order that relieves spouses of the obligation to live together while the marriage continues. It can later form a basis for divorce if the couple does not resume living together for the period the law sets.
Court fees in family courts are modest. The real costs are advocates' fees, travel, notarisation, document charges and, in a contested case, the time and number of hearings. A mutual consent divorce with a ready settlement usually costs far less than a contested one. Agree fees in writing and ask whether they cover each motion, a waiver application, and any connected cases such as quashing of an FIR. Our legal fees guide explains common fee structures, and the mutual divorce service offers a fixed-scope package.
| Situation | Rough duration |
|---|---|
| Mutual consent with waiver of waiting period | A few weeks to a few months after filing |
| Mutual consent without waiver | About six to eight months after filing |
| Contested, settled in mediation | Several months to a year or so |
| Contested to judgment | Often two to five years, varying widely by court |
| With appeals | Additional years |
Keep a simple record of what you spend on the case. If the court orders litigation expenses in your favour, or costs against the other side, you will need it.
Divorce is a legal process and a personal upheaval. A few practical points help people through it.
Much of the evidence in modern divorce cases comes from phones: messages, call records, photographs and social media posts. A few cautions apply to both sides.
Electronic evidence must be proved properly under the evidence law, often with a certificate. The cyber law guide explains how digital evidence is handled.
Some couples change their minds after filing. In a mutual consent case, simply not moving the second motion, or withdrawing consent, ends the process. In a contested case, the petitioner can apply to withdraw the petition. If other cases were withdrawn as part of a settlement, they generally cannot simply be revived, so think carefully before withdrawing anything on the strength of a reconciliation that may not last. Counselling through the family court can help couples who want to try again.
This is an illustration, not a real case.
Background. Anil and Kavita married in Delhi under Hindu rites in 2019 and registered the marriage. They have a five-year-old daughter. They stopped living together in March 2024, when Kavita moved with their daughter to her parents' home in Gurugram. Kavita had filed a maintenance case and a complaint at the women's cell. By mid-2025 both wanted to end the marriage without a long fight.
Settlement. Through their advocates and two sessions at the court mediation centre, they agreed: a lump sum of permanent alimony for Kavita in two instalments; a separate monthly amount for the daughter until she turns eighteen, plus half of school fees; the daughter to live with Kavita, with Anil having alternate weekends, half of school holidays and video calls twice a week; return of listed jewellery; and withdrawal of the maintenance case and closure of the women's cell complaint. They signed a detailed agreement.
Filing. They filed a joint petition under Section 13B in the family court where they had last lived together. Both attended. At the first motion the court recorded their statements, and Anil paid the first instalment by demand draft in court.
Waiver. A week later they applied for waiver of the six-month period, showing that they had lived apart for well over eighteen months, that mediation had settled every issue, and that the maintenance case had been withdrawn. The court allowed the application.
Second motion and decree. At the second motion, both confirmed consent, Anil paid the second instalment, the jewellery was returned with a receipt, and the court granted the decree of divorce.
Afterwards. Kavita applied for a certified copy, updated her passport, changed nominees on her accounts, and gave the school a copy of the custody terms. Anil revised his will.
What could have gone wrong. Had the full alimony been paid at the first motion, Anil would have had no protection if Kavita had withdrawn consent. Had the women's cell complaint not been addressed in the agreement, it could have continued after the divorce. Had the custody terms said only "reasonable access", arguments over weekends would likely have begun within months.
What made it smooth. Every term was written down with figures and dates, payments were tied to the motions, connected cases were dealt with in the agreement, and both had independent advice.
This is an illustration, not a real case.
The start. Rohit filed a contested divorce petition in a family court in Pune on the ground of cruelty, listing incidents over three years, with messages and a letter from a counsellor the couple had seen. His wife Sneha, who had moved to her parents' home in Nashik with their son, opposed the petition, denied the allegations and filed an application for maintenance pending the case, with her disclosure affidavit. She also filed for interim custody.
Interim orders. After both filed affidavits of their income and expenses, the court ordered Rohit to pay a monthly amount to Sneha and their son pending the case, and fixed video calls twice a week plus one weekend a month for Rohit with the boy.
Mediation. The court referred them to mediation. The first two sessions went badly. At the third, the mediator met each separately and found that Sneha's main concerns were financial security and keeping the boy in his school in Nashik, while Rohit wanted regular time with his son and an end to the litigation.
Settlement. They agreed on a lump-sum alimony, the boy staying with Sneha in Nashik, Rohit having half the school holidays and two weekends a month, and monthly child support. Both withdrew their other cases. They then filed a joint petition for mutual consent.
Waiver and decree. Since they had lived apart for more than two years and mediation had resolved everything, the court waived the waiting period, and the decree followed within weeks.
Lesson. Contested cases are slow, but interim orders protect both sides while they continue, and mediation often finds the settlement that the courtroom could not. Starting with honest disclosure affidavits made the money negotiation far easier.
The Hindu Marriage Act requires one year of separation before filing a mutual consent petition. In exceptional hardship the court can be asked to allow earlier filing under Section 14, but this is rare.
Yes, at the first and second motions in a mutual divorce, though many courts allow appearance by video in suitable cases, especially for spouses living abroad.
In a contested case, if the respondent does not appear after proper service, the court can proceed ex parte.
Either spouse can withdraw consent before the decree is passed. Settlement terms usually address what happens if this occurs.
It is not a ground under the Hindu Marriage Act for Family Courts. The Supreme Court has held that it can dissolve marriages on this basis using its special power under Article 142, in Shilpa Sailesh v. Varun Sreenivasan (2023).
It depends on the city, the advocate and whether the case is mutual or contested. Ask for a written, stage-wise fee before you engage an advocate.
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This page gives general information about Indian law. It is not legal advice and is not an advertisement or solicitation by any advocate. Laws and court practice change; confirm the position for your case with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.
Usually both must be present when the petition is presented or at the first motion, and at the second motion. Many courts allow video appearance for a spouse who lives far away or abroad.
Permanent alimony and its schedule, children's maintenance, custody and visits, return of streedhan, property and accounts, withdrawal of other cases and what happens on breach.
The window opens six months after the joint petition is presented and closes at eighteen months, unless the court has dispensed with the wait.
Yes, at the court's discretion, if the couple have been apart for at least eighteen months, mediation has failed, all issues are settled and waiting would only prolong their agony.
Yes. Either spouse can withdraw consent before the decree at the second motion.
An affidavit of income, assets, liabilities and expenses that both spouses must file in any maintenance claim, in the format set by the Supreme Court in Rajnesh v. Neha (2020).
Yes. A spouse without sufficient income can apply for maintenance and litigation expenses pending the case.
The court can proceed ex parte and decide on your evidence. If your spouse cannot be traced, the court may allow notice by newspaper publication.
Yes. If the spouses settle, often in mediation, they can file a joint petition or convert the case.
Yes. Documents can be signed before a consulate or notary with attestation or apostille, and many courts allow video appearance.
Only if it meets the tests in Y. Narasimha Rao (1991), including jurisdiction, a ground recognised by the governing Indian law and genuine participation of the other spouse.
A joint petition under Section 28 after one year of separation, followed by the same two-motion process.
Under Section 10A of the Indian Divorce Act, after two years of living separately.
Yes. The 1939 Dissolution of Muslim Marriages Act lets her ask the court for a decree, for example where the husband has not maintained her, has treated her with cruelty or has been missing for years.
Under the Hindu Marriage Act, after the decree when no appeal can be filed or any appeal is dismissed. Ask your advocate about your case.
Through an affidavit, a newspaper notice and a gazette notification, then update your documents.
No. Judicial separation suspends the duty to live together while the marriage continues; divorce ends the marriage.
Family courts usually refer couples to mediation or counselling, but no one can be forced to settle.
Some can be withdrawn, and others need a High Court order quashing them on settlement. The agreement should say who files and when.
The law does not require one, but an advocate helps draft the petition and settlement correctly and avoids delays.
File a contested petition; the court can allow substituted service, such as a newspaper notice, if ordinary service fails.
Where the child lives, weekends, midweek calls, holidays, festivals, school and medical decisions, travel, expenses and how changes are agreed.
Yes. Notice can be served through Indian missions, and the Ministry of External Affairs has assistance schemes for such women in some cases.
Yes. Courts can modify custody and visiting terms when circumstances change, always on the child's welfare.
Messages you lawfully received can be used if properly proved. Accessing your spouse's phone or email without permission can be unlawful.
In a mutual case, do not move the second motion or withdraw consent; in a contested case, apply to withdraw the petition.
Yes. Courts consider the length of the marriage, the standard of living and each spouse's earning capacity.
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