How to File for Divorce.

Relevant Laws / Rules

• The Hindu Marriage Act, 1955 – applies to Hindus, Sikhs, Buddhists, and Jains.
• Special Marriage Act, 1954 ‒ for inter-religion or civil marriages.
• Indian Divorce Act, 1869 ‒ Christians.
• Muslim personal law (Shariat courts or family courts) and Mirasi/customary rules (though there is no unified codified divorce act for all Muslims).

What New Rules/Amendments

• The Indian Divorce Act was amended by the Indian Divorce (Amendment) Act, 2001. Among other things, added grounds and clarified mutual consent, etc.
• Some state rules (e.g., Punjab Rules under the Indian Divorce Act) specify how to file a petition: contents, verification, service of notice, etc.

General Procedure

Choose the right court

• District Court or Family Court or a competent civil court in the district where either spouse resides.

Grounds for divorce / legal basis

• Mutual consent (living separately for a specified period).
• Other grounds: cruelty, desertion, adultery, conversion, incurable disease, etc., depending on the applicable law.

Prepare a petition.

• Use the prescribed form/plant. Include the marriage certificate, dates, domicile, addresses, children details, and the ground.

Attach documents

• Marriage certificate, proof of residence, identity proof, and any evidence relevant (medical reports, separation period, etc.).

File the petition in court

• Pay court fees. Under the Court Fees Act, etc. Fees vary by state/district.

Service of notice

• The court issues a summons/notice to the other spouse (respondent).

Reply/counter petition (if contested)

Hearing

• Evidence, affidavit, witnesses, etc.

Decree

• Either by mutual consent or after adjudication.

State Differences & Fees

• I found insufficient recent govt sources with detailed fees for each state. But examples/clues:
• Punjab has Punjab Rules under Indian Divorce Act, 1956, specifying petition content, etc.
• Court fees as per the Court Fees Act, 1870, apply. In many states, court fees will depend on the value of the property or the amount of alimony claimed (if monetary relief is sought).
• To get exact fees:
  • Check the District Court/High Court website in your state.
  • Check "Court Fee" schedules.

Where to Send/File Application

• In district court/sessions court/family court having jurisdiction over the area of residence of either spouse.
• If under a particular religious law (e.g., the Indian Divorce Act or the Special Marriage Act), follow that act's rules.

FAQs on Divorce Filing

Q: Who can file for divorce?

A: Either spouse under applicable law (Hindu, Christian, Special Marriage, or Muslim).

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

A: Cruelty, adultery, desertion, conversion, mental illness, etc. Also mutual consent after 1 year.

Q: What is mutual consent divorce?

A: Both spouses agree, have lived separately for the required period, and file a joint petition.

Q: How long is the separation for mutual consent?

A: Under the Hindu Marriage Act, a minimum of one year after the first mutual consent petition. (May vary under Special Marriage)

Q: What documents are needed when filing a petition?

A: Marriage certificate, identity proof, address proof, proof of separation period (if mutual consent), and evidence for grounds.

Q: How much is the court fee?

A: Varies by state & claim. No uniform fixed fee nationwide. Must check the local court's fee schedule.

Q: Can the process be online?

A: Some states may allow e-filing; it depends on the state court's infrastructure.

Q: What happens after a petition is filed?

A: Court issues notice to respondent; respondent can reply; hearing set by court.

Q: Can a spouse oppose mutual consent?

A: Yes. If there are objections, the court may reject or require evidence.

Q: What if a spouse cannot be traced?

A: Court may allow substituted service or publication, etc., per rules.

Q: How long does divorce take?

A: Mutually consented ones can take ~6-12 months (cooling period + hearing). Contested ones may take several years.

Q: What are maintenance/alimony rules?

A: Dependent on law; court considers income, duration of marriage, capacity, etc.

Q: What about child custody?

A: Court decides in the best interest of children.

Q: Are there new amendments?

A: The Indian Divorce (Amendment) Act, 2001, is one. Specific state rules also vary.

Q: Can Muslim women file under Muslim personal law?

A: Yes. Divorce under Muslim law can be by Talaq, Khula, judicial separation, etc.

Q: What if marriage is registered under the Special Marriage Act?

A: File under that act; need to satisfy its requirements.

Q: Can divorce be filed immediately after marriage?

A: Generally no. Mutual consent requires a cooling-off period (1 year). Exceptions may be in rare hardship/cruelty cases.

Q: What court has jurisdiction?

A: District Court / Family Court in the area where either spouse resides.

Q: Can someone else (lawyer) file on behalf of the petitioner?

A: Yes. You can engage an advocate. Petitioner must sign documents; they are genuine.

Q: What if the petition is rejected/dismissed?

A: You may appeal (within timelines) to the High Court. Court may also order mediation or counselling if required.