Frequently Asked Questions (FAQ) on Divorce in India and its process
adminDivorce is a legal process that allow dissolution of a marriage. However Hindu belief does not permit divorce but with the provisions of certain law, it allows both parties to move forward separately in life.
In this blog we will explore some frequently asked question regarding the divorce in India and the process of divorce. In India, divorce laws vary based on religion and are governed by acts such as the Hindu Marriage Act, 1955, Muslim Personal Law, Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936, and the Special Marriage Act, 1954 (for interfaith or civil marriages).
Below are some frequently asked questions to help you better understand the divorce process in India.
FAQ on Divorce in India and its process
Q: What are the legal grounds for divorce in India?
Divorce can be granted based on the following:
Mutual Consent: Both spouses agree to end the marriage amicably (mutially).
Fault-Based Divorce: Includes adultery, cruelty, desertion, conversion, mental disorder, venereal disease, or renunciation.
Irretrievable Breakdown of Marriage: In cases where reconciliation is impossible (primarily considered by the Supreme Court).
Personal Law Grounds: Certain religions have additional grounds (e.g., non-consummation under Christian law).
Q: What is the procedure for a mutual consent divorce?
Both spouses must file a joint petition in family court.
A mandatory cooling-off period of six months is provided to reconsider the decision, which happens in three motions.
The court grants the divorce upon final confirmation in the third motion.
Q: What are the key laws governing divorce in India?
Hindu Marriage Act, 1955 – Covers Hindus, Buddhists, Jains, and Sikhs.
Muslim Personal Law – Governed by the Dissolution of Muslim Marriages Act, 1939.
Christian Marriage Act, 1872 – Applies to Christians.
Parsi Marriage and Divorce Act, 1936 – Applies to Parsis.
Special Marriage Act, 1954 – Governs interfaith and civil marriages.
Q: How long does it take to get a divorce in India?
Mutual Consent Divorce: Usually takes six months.
Contested Divorce: Can take several years as it requires extensive legal procedure and trial.
Q: What is alimony, and how is it determined?
Alimony (maintenance) is financial support paid by one spouse to the other after divorce. It is thusband who pays maintenance to wife.
Factors considered:
Financial status and earning capacity of both spouses (courts often overlook the wife’s earnings and earning potential).
Duration of marriage (laws remain the same, whether the marriage lasted one day or 30 years).
Standard of living during the marriage (usually assessed based on the husband’s financial standing).
Age and health of both spouses (often considered more in favor of the wife). There are cases where even husbands suffering from critical illnesses were ordered to pay alimony.
Q: Can a wife claim a share in her husband’s property during divorce?
Yes, a wife can claim a share in the husband’s self-acquired property.
Q: What role does the family court play in divorce cases?
Family courts handle divorce, alimony, child custody, and property disputes.
They aim to mediate and resolve disputes amicably, but often, proceedings are lengthy and complicated.
Q: How is child custody decided in divorce cases?
India does not recognize joint parenting— hence one parent gets sole custody (usually the mother).
Child custody is determined based on the child’s best interests (considering mother as best care).
Courts consider:
The child’s age and preference (if mature enough, often when mother filed for custody).
Father’s financial stability (to determine child support obligations).
The emotional and physical well-being of the child (often presumed to be better with the mother).
Fathers typically receive only visitation rights, sometimes with unreasonable restrictions, as a concession to a “loser.”.
Q: Can a divorce decree be challenged or appealed?
Yes, a divorce order can be challenged in a higher court within 30 to 90 days.
Appeals are allowed if there were legal errors or overlooked facts in the original ruling.
Q: What is the difference between judicial separation and divorce?
Judicial Separation: The couple remains legally married but lives separately. It allows time for potential reconciliation.
Divorce: The marriage is legally dissolved, and both parties are free to remarry.
Q: Is mediation mandatory in divorce cases?
Yes, courts often recommend mediation to encourage reconciliation and avoid lengthy trials.
If mediation fails, the case proceeds under the fault-based divorce model.
Q: Is there any documents required for filing a divorce?
Marriage certificate
Proof of identity and address
Evidence supporting grounds for divorce (e.g., messages, photos, medical reports)
Details of assets, liabilities, and children (if applicable)
Q: Can a foreigner married to an Indian woman file for divorce in India?
Yes, if the marriage took place in India or if one spouse resides in India, divorce can be filed in an Indian court. But it is recommended to take divorce as per your local law in your own country.
Q: What are the tax implications of divorce?
There is no benefit of Tax for husband.
Q: Does a divorce obtained in another country hold validity in India?
A foreign divorce may or may not be recognized depending on:
✅ If both parties participated in proceedings & due process was followed.
❌ If it was an ex parte divorce (one spouse wasn’t involved) or if the grounds do not align with Indian law.
If not recognized, a fresh divorce petition must be filed in India.
Q: What is the cost of filing for divorce in India?
Costs depend on factors like lawyer fees, court expenses, and case complexity. A mutual divorce can cost ₹35,000–₹2,00,000, while a contested divorce may cost lakhs of rupees over years of litigation.
Q: How can I find a good divorce lawyer?
Look for a family law specialist with at least 6 to 10 years of experience.
Consult a senior advocate of your advocate in critical cases.
Consider legal aid groups such as Men’s Rights Organizations for additional guidance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a lawyer for specific legal guidance.
