In India, divorce has always taken a different shape, but from 2025, applying it would likely be through an online channel under some conditions. No matter whether it is mutual separation or contested, it is very important to have thorough knowledge regarding the legal framework, rights, and procedure. Thus, this guide explains completely the divorce process in India with Acts like The Divorce Act, 1869; The Hindu Marriage Act (1955); and The Special Marriage Act (1954).
Types of Divorce in India
In India, divorce is mainly of two types:
- Mutual Consent Divorce: Mutual Consent Divorce in which both the husband and wife agree to part ways amicably. This is the fastest mode of divorce in India. Herein, the couple is able to submit a divorce agreement that would mention all the inferences regarding child custody, property matters, and maintenance.
- Contested Divorce: Contested Divorce wherein either partner has to file the application for divorce regarding certain divorce grounds, like cruelty, adultery, and so on.
Rights of a Woman in Divorce in India
Women in India are given good legal shields while availing themselves of the divorce. The important rights are:
- Maintenance and Alimony: Women can seek alimony under Section 125 CrPC, and it is provided for the financial support of women who are unable to sustain themselves.
- Child Custody: In most cases, mothers are given preference during child custody disputes unless the father proves to be in a better position as per the court.
- Protection from Domestic Violence: Under various laws like 498A, women could generally cite that they need protection from all kinds of abuses.
- Right to Residence: Even after separation, a wife can still legally maintain her right of residence within the matrimonial home.
On What Grounds Can a Wife File for Divorce in India?
Under The Hindu Marriage Act and The Special Marriage Act (1954), for a wife, the grounds to apply for divorce include:
- Adultery: Adultery means when the husband has an extramarital relation.
- Cruelty: Cruelty means when the husband tortures the wife physically or mentally.
- Desertion: Desertion means when the husband abandons the wife for two years or more.
- Impotency: If the husband is incapable of consummating the marriage.
- Conversion: If the husband converts to another religion.
- Mental Disorder: If the husband suffers from a severe mental illness.
- Habitual Drunkenness or Drug Addiction: If the husband is an addict.
- Improper Bathing Habits of Husband: Though rare, unhygienic conditions can be a reason for divorce.
Divorce under The Muslim Law
Islamic Law permits Islamic divorce called Talaq, but still, it is seen as one of the most detested things allowed in Islam, and it should be the last resort when everything else had failed. Valid reasons for divorce include physical, mental or emotional abuse, incompatibility, infidelity, and failure to show responsibility in marriage.
Rights of a Man in Divorce in India
A man has certain rights when it comes to divorce in India.
- Right to Custody: Although it is generally given to the mother, the father can also get the child in custody in case the mother is unfit.
- Right to Property: If a husband has a sole title to a property, in that case, it can be occupied by the wife if it is joint.
- Right to Refuse Unfair Alimony: If the wife is financially independent, the husband may not be required to make any payments or alimony to the former wife.
On What Grounds Can a Husband File for Divorce in India?
- Adultery: Adultery, if the wife is in an adulterous relationship.
- Cruelty: Cruelty, if she behaves in a way that causes physical ill-treatment or mental agony to the husband.
- Desertion: Desertion, if she deserted the husband without any reasonable cause for any period longer than two years.
- Mental Disorder: Mental Disorder, if she is suffering from severe mental problems.
- Conversion: In case the wife changes her religion.
- False Allegations: If the wife files false cases under 498A.
- Sexual Incompatibility: If the woman refuses to consummate the marriage.
What is the Fastest Way to Get Divorce in India?
The fastest way to obtain a divorce is by mutual consent. Here is a guide on how you can get divorced easily:
- Hire a mutual divorce lawyer or a lawyer in Delhi.
- File a divorce agreement online through the e-courts portal.
- Get counselling, if so required.
- Follow-up at hearing in court.
- Get the final decree after six months.
How Much Will It Cost to Get Divorce in India?
Divorce costs differ with their type and complexity. The following factors determine the charges of a divorce lawyer:
- Locality
- Court of Jurisdiction
- Experience
- Success Rate
- Efficiency
- Your financial circumstances
In What Cases Is Alimony Not Granted?
Alimony is not granted in the following cases:
- If a wife can financially support herself
- If a wife remarries after divorce
- If a wife has committed adultery or cruelty
- If the marriage is of very short duration
How to Protect Assets from Divorce in India?
Assets protection for men and women while going through a divorce:
- Pre-Nuptial Agreements: Legally not binding in India, but these may help.
- Keeping Separate Bank Accounts: This creates a sense of financial independence.
- Proper Documentation of the Assets: These define assets owned jointly.
- Seeking Legal Advice: An experienced divorce lawyer might assist an individual with protection of assets.
What is the Without Going Court Divorce Process?
- When opting for a divorce in India, an alternate route may be considered where neither spouse has to set foot inside a courtroom. One of the most favourable options available is what is commonly referred to as a consensual divorce.
- Whereas divorce usually involves a hearing, a consensual divorce permits both spouses to agree to dissolve their union owing to a breakdown of their marital relationship. This is, by and large, a far less expensive and less time-consuming way than going through the normal legal system. Instead of appearing before a judge, the couple can have a mediator discuss the terms of their separation with both of them present.
- Once their mutual agreement is reached, the couple can file for divorce, and their documents are approved by the court. After the court pronounces the judgment, the divorce is complete.
- Couples having mutual divorce can end their marriage with greater speed as they do not have to undergo all the long-winding wait and other formalities for court divorce.
Who Pays in Mutual Divorce?
In cases of mutual divorce, generally, both spouses undertake their own expenditures concerning the legal proceedings. However, in case one of the spouses is financially weaker, the stronger one has to pay alimony or maintenance.
Important Cases of Divorce in India
Atul Subhash Case:
- The techie Atul Subhash from Bangalore was embroiled for a longer time in a legal battle with his wife, Nikita Singhania, who accused Atul of cruelty and demanded ₹3 crore towards settlement of her divorce.
- In December 2024, Atul allegedly committed suicide owing to constant harassment and financial pressures. After his death, the Supreme Court conferred custody of their four-year-old son to Nikita and rejected Atul's mother's appeal.
Puneet Khurana Case:
- Co-founder of Woodbox Cafe, Puneet Khurana had a bitter divorce with Manika Jagdish Pahwa; both the personal issue and business conflict were involved. He had claimed being severely mentally harassed by his wife and in-laws.
- Puneet hanged himself at his residence on New Year's Eve. His family attributes the reason for his death to marital and business disputes. Evidence, including his mobile phone, has been seized for an investigation.
Hardik Pandya Case:
- Indian cricketer Hardik Pandya married Serbian actress Natasa Stankovic in 2020, and they have a son, named Agastya. In July 2024, after four years of marriage, they announced that they had separated.
- Sources revealed that Natasa found Hardik's extravagant lifestyle and his self-centered nature hard to accept. The struggle of the actress, as she mentioned on her social media after their divorce, was never hidden from her. Despite all their differences, they respect and committedly co-parent little Agastya.
Conc
