How to File for Divorce in India?

Filing for divorce in India is a structured process governed by various personal law acts depending on the religion of the partners. Under Hindu law, the Hindu Marriage Act, 1955 regulates divorce. Under secular laws, the Special Marriage Act, 1954 is applicable.

Types of Divorce Petitions

There are two primary modes to initiate a divorce:

1. Mutual Consent Divorce: When both spouses agree to separate peacefully, they can file a joint petition. This is the fastest and least expensive method, requiring a minimum of 6 months separation period.
2. Contested Divorce: When one spouse files for divorce on specific grounds such as cruelty, desertion, conversion, mental illness, or adultery.

Key Steps in Filing

To file a divorce, you must draft a petition detailing the background of marriage and reasons for separation. The petition is filed in the Family Court with local jurisdiction. Both parties must submit documents such as marriage certificate, address proof, photos, and evidence of income/assets.