Types of Divorce in India

Divorce can be obtained through two main methods: mutual consent divorce and contested divorce. Timeframes vary depending on facts, applicable law, and court workload.

Mutual Consent Divorce

When both parties agree to dissolve the marriage amicably, they can file for mutual consent divorce. Timeframes vary depending on court workload and applicable cooling-off period.

Contested Divorce

When one party does not agree to the divorce, the other party can file a contested divorce petition on specific grounds recognized by personal law.

Grounds for Divorce under Hindu Marriage Act, 1955

Special Grounds for Wife

• Husband guilty of rape, sodomy, or bestiality
• Husband has another wife living (for pre-1955 marriages)
• Non-resumption of cohabitation after maintenance order

Divorce Procedure - Step by Step

Cooling-Off Period

Under Section 13B of the Hindu Marriage Act, there is a cooling-off period of 6 months from the date of filing the first motion. However, the Supreme Court has allowed waiver of this period in certain cases.

Documents Required for Divorce Petition

• Marriage certificate (if registered)
• Wedding invitation card and photographs
• Proof of residence
• Income proof (for maintenance calculations)
• Evidence of grounds (if contested)
• Child details (if applicable)
• Joint affidavit (for mutual consent)

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