How to File for Divorce.

Last updated: October 27, 2025 Type: Article

Divorce in India is governed by personal laws (Hindu, Muslim, Christian, etc.) and secular laws (Special Marriage Act). It's a legal process to dissolve a marriage — either by mutual consent or on specific legal grounds like cruelty, adultery, or desertion.

Relevant Divorce Laws in India

Religion / Type	Law / Act	Applies To
Hindus, Buddhists, Jains, Sikhs	Hindu Marriage Act, 1955	Marriage between Hindus
Inter-religious / Civil marriages	Special Marriage Act, 1954	Couples married under civil law
Christians	Indian Divorce Act, 1869 (amended 2001)	Christian marriages
Muslims	Muslim Personal Law (Shariat) Application Act, 1937	Divorce through Talaq, Khula, or by court under the Dissolution of Muslim Marriages Act, 1939

What's New / Amendments

Indian Divorce (Amendment) Act, 2001: Simplified mutual consent process and widened grounds.
Special Marriage (Amendment) Rules (State-specific): Introduced e-filing and notice formats in some states.
Digital Filing: Available in some states (Delhi, Maharashtra, Karnataka, Tamil Nadu).

Step-by-Step Procedure to File for Divorce

Choose the correct court: File in District Court / Family Court where either spouse resides or where the marriage took place.
Identify grounds for divorce:
- Mutual consent — both agree and have lived separately for at least one year.
- Contested divorce — based on cruelty, adultery, desertion, conversion, incurable disease, etc.
Prepare the petition: Include details of marriage (date, place), children, separation period, grounds, and requested reliefs (alimony, custody, etc.).
Attach documents:
- Marriage certificate
- Address proof of both spouses
- Identity proof (Aadhaar, PAN, etc.)
- Evidence of separation (letters, rent receipts, etc.)
- Income proof (for maintenance)
File the petition: Submit it with the prescribed court fee (varies by state).
Court notice: Court sends a notice to the other spouse.
Hearing: Both parties are heard. In mutual consent, two motions are filed — first for agreement, second after six months (cooling-off).
Decree of Divorce: Court grants divorce after being satisfied with evidence and consent.

Where to File/Complain

Issue	Authority / Office	Website
Divorce Petition	District Court / Family Court	ecourts.gov.in
Mediation/Reconciliation	District Legal Services Authority (DLSA)	nalsa.gov.in
Complaint of harassment / cruelty	Local Police or Women's Cell	ncw.nic.in
Maintenance / Domestic violence	Family Court / Protection Officer	wcd.nic.in
Online Filing (where available)	State e-filing portals	efiling.ecourts.gov.in

Maintenance and Alimony

Not pre-decided. Court calculates based on:
- Income and property of both spouses
- Duration of marriage
- Standard of living during marriage
- Custody of children
Maintenance can be monthly or a one-time lump sum.

After Divorce – Rights of Wife

Right	Details
Maintenance / Alimony	Court decides based on the financial status of both parties.
Stridhan	Remains woman's property (jewellery, gifts, etc.). Must be returned by husband.
Residence	Can seek residence order under the Protection of Women from Domestic Violence Act, 2005.
Child Custody	Based on the welfare of child, not gender. Joint custody is also possible.
Right to property	No automatic share in husband's property after divorce, unless part of alimony.

FAQs – Divorce in India

Q. Who can file for divorce?: A. Either husband or wife, depending on the personal law governing the marriage.
Q. Can divorce be filed online?: A. Some states allow e-filing via efiling.ecourts.gov.in.
Q. Can divorce be granted without going to court?: A. No. Only a court can grant a legal divorce decree.
Q. How long does mutual consent divorce take?: A. 6–12 months, including the 6-month cooling period.
Q. Can a contested divorce take longer?: A. Yes, 2–5 years or more depending on complexity.
Q. Can the wife claim alimony if she earns?: A. Yes, if her income is not enough to maintain her previous living standard.
Q. Can a husband also claim maintenance?: A. Yes, under Section 24 of the Hindu Marriage Act, if he is dependent.
Q. What happens if the spouse doesn't appear in court?: A. The court can proceed ex-parte and grant a decree if satisfied.
Q. What if one spouse refuses mutual consent after filing?: A. The petition lapses unless both remain agreeable.
Q. Can foreigners or NRIs file divorce in India?: A. Yes, if marriage was solemnized or registered in India.
Q. Can parties remarry after divorce?: A. Yes, only after the appeal period (90 days) expires.
Q. What if the husband refuses to give divorce?: A. The wife can file for contested divorce on valid grounds.
Q. Is counselling compulsory before divorce?: A. Yes, courts often refer couples for counselling before proceeding.
Q. What if domestic violence is involved?: A. The wife can simultaneously seek protection and maintenance under the Domestic Violence Act.