To file for divorce in India you (or your advocate) file a divorce petition in the family court that has jurisdiction over where you married or last lived together, set out a legally recognised ground, pay the court fee, and attend the hearings. A mutual-consent divorce is settled by the couple together and is usually quicker; a contested divorce is fought on a specific statutory ground and takes longer. This guide explains how to file for divorce in India in plain language — the procedure, the grounds, the documents, the realistic timeline and the cost.
Divorce in India is governed by the personal law that applied to your marriage. For Hindus, Buddhists, Jains and Sikhs, the controlling statute is the Hindu Marriage Act, 1955 (HMA), with the procedure run under the Code of Civil Procedure, 1908 (CPC) and the Family Courts Act, 1984. Christians, Muslims, Parsis and inter-faith couples are governed by different statutes (noted below). Because this is general information, confirm your exact position with an advocate before acting.
Which law governs your divorce?
The first thing to settle is which law applies, because the grounds, the procedure and even the court can differ.
| Community / marriage type | Governing statute | Mutual-consent provision |
|---|---|---|
| Hindu, Buddhist, Jain, Sikh | Hindu Marriage Act, 1955 | Section 13B |
| Christian | Indian Divorce Act, 1869 | Section 10A |
| Parsi | Parsi Marriage and Divorce Act, 1936 | Section 32B |
| Muslim | Muslim personal law / Dissolution of Muslim Marriages Act, 1939 | Varies by form |
| Inter-faith / civil (Special Marriage Act marriage) | Special Marriage Act, 1954 | Section 28 |
This guide focuses on the HMA, which covers the largest share of Indian marriages.
Mutual consent vs contested divorce
There are two routes, and choosing the right one is the single most important decision.
| Feature | Mutual consent divorce | Contested divorce |
|---|---|---|
| Legal basis (HMA) | Section 13B | Section 13 |
| Requirement | Both spouses agree to part | One spouse proves a ground |
| Living apart | At least 1 year before filing | Not a fixed precondition |
| Typical timeline | About 6–18 months | Often 3–5 years or more |
| Cost | Lower | Higher (more hearings, evidence) |
| Disputes settled | By agreement (alimony, custody, property) | By the court after trial |
If both spouses want to separate and can agree on money and children, mutual consent is faster, cheaper and far less bruising — see our detailed walkthrough of the mutual consent divorce process. If your spouse will not agree, or there is cruelty, desertion or adultery, a contested petition under Section 13 may be the only path.
Grounds for divorce under the Hindu Marriage Act
A contested divorce must rest on a ground for divorce recognised by law. Under Section 13(1) of the HMA, either spouse may seek divorce on grounds including:
- Cruelty — physical or mental.
- Desertion — for a continuous period of at least two years.
- Adultery — voluntary sexual intercourse outside the marriage.
- Conversion to another religion.
- Unsound mind or incurable mental disorder.
- Virulent and incurable disease (as specified).
- Renunciation of the world by entering a religious order.
- Presumption of death — not heard of as alive for seven years.
Section 13(2) gives a wife certain additional grounds. Section 13B provides the separate mutual-consent route. For a deeper look at how courts treat each ground, read our guide on contested divorce grounds in India.
Note on changing statute numbering: India recodified its criminal laws in 2023–24 (the IPC became the Bharatiya Nyaya Sanhita, 2023 (BNS) and the CrPC became the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)). The HMA and the CPC are civil statutes and were not replaced by this exercise, so divorce grounds and procedure still run under the HMA and CPC. However, if a maintenance claim is routed through the old Section 125 CrPC, that provision now sits in the BNSS — always verify the current section number before filing.
The divorce procedure in India, step by step
Here is the typical divorce procedure for a mutual-consent petition under Section 13B HMA. A contested petition follows a similar opening but then adds evidence, cross-examination and arguments.
- Consult an advocate and choose the route. Decide between mutual consent (Section 13B) and contested (Section 13), and agree the terms of any settlement.
- Draft and file the petition. The petition is filed in the family court with jurisdiction — where the marriage took place, where the couple last resided together, or where the respondent resides.
- First motion. Both spouses appear and record statements. The court records the joint petition.
- Cooling-off period. Section 13B(2) prescribes a gap of six months (and not more than eighteen months) between the first and second motion. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held this period is directory, not mandatory, so the court may waive it where the marriage is irretrievably broken and there is no chance of reconciliation.
- Second motion. Both spouses reappear to confirm consent. If consent stands, the court proceeds.
- Decree of divorce. The court passes the decree dissolving the marriage.
For a contested divorce, after filing comes service of summons, the respondent’s written statement, framing of issues, evidence, cross-examination, final arguments and then judgment — which is why it takes years rather than months.
Documents required to file for divorce
Courts vary slightly, but you will generally need:
- Marriage certificate or proof of marriage.
- Address proof of both spouses.
- Identity proof (Aadhaar, passport, voter ID).
- Passport-size photographs of the couple.
- Proof of the period of separation (for mutual consent).
- Income proof, salary slips or income-tax returns (relevant to alimony/maintenance).
- Details and proof of assets and liabilities.
- Evidence supporting the ground claimed (for contested cases — for example, medical records, messages or witness details).
Keep originals safe and give your advocate clear copies; missing or mismatched documents are a common cause of delay.
Divorce timeline: how long does it take?
The honest answer is “it depends on the route and the court’s docket,” but here are realistic ranges.
| Stage | Mutual consent | Contested |
|---|---|---|
| Filing to first hearing | A few weeks | A few weeks |
| Cooling-off / pleadings | 6 months (waivable) | Several months |
| Evidence and arguments | Not applicable | 1–4 years |
| Decree | Around 6–18 months total | Often 3–5 years or more |
Mutual consent is dramatically faster. A contested matter can stretch on because of evidence, adjournments and the possibility of appeals.
How much does a divorce cost in India?
There are two cost buckets:
- Court fees — modest and fixed by state schedules, usually a few hundred to a couple of thousand rupees.
- Advocate’s professional fees — the larger and more variable component, depending on whether the matter is mutual or contested, the complexity of alimony, custody and property issues, and the seniority of counsel.
A mutual-consent divorce with no major disputes costs far less than a multi-year contested battle. Ask any advocate for a clear, written fee estimate and what it covers before you engage them. If children are involved, custody can become the central and most sensitive issue — see our guide on custody of the girl child in India.
A practical note before you file
Divorce is a legal process layered on top of an emotional one. Two things help: clarity on what you want (clean separation, fair maintenance, sensible custody), and accurate paperwork. If reconciliation is genuinely possible, courts and counsellors will encourage it; if the marriage has truly broken down, an organised, well-advised filing is kinder to everyone than a drawn-out fight.
You can read the full text of the Hindu Marriage Act, 1955 on the Government of India’s official portal, India Code. To understand your options end to end, learn more on our family and divorce law page.
Frequently Asked Questions
How do I start the process to file for divorce in India?
You start by consulting an advocate, choosing between a mutual-consent petition (Section 13B HMA) and a contested petition (Section 13 HMA), then drafting and filing the petition in the family court that has jurisdiction over your marriage or last shared residence.
What are the main grounds for divorce under the Hindu Marriage Act?
Section 13(1) recognises grounds including cruelty, desertion for at least two years, adultery, conversion, unsound mind, certain incurable diseases, renunciation of the world, and presumption of death. Section 13(2) gives a wife some additional grounds.
How long does the cooling-off period last in a mutual divorce?
Section 13B(2) prescribes six months (up to eighteen months) between the first and second motion. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held this is directory, so a court may waive it where the marriage has irretrievably broken down.
What documents do I need to file for divorce?
Typically the marriage certificate, identity and address proof of both spouses, photographs, proof of separation, income proof, details of assets, and any evidence supporting the ground claimed in a contested case.
How long does a divorce take in India?
A mutual-consent divorce usually takes about 6 to 18 months. A contested divorce often takes 3 to 5 years or longer because of evidence, cross-examination and possible appeals.
How much does a divorce cost?
Court fees are modest and set by state schedules. The larger cost is the advocate’s professional fee, which depends on whether the case is mutual or contested and how complex the alimony, custody and property issues are.
Can I file for divorce without my spouse’s consent?
Yes. If your spouse does not consent, you can file a contested petition under Section 13 HMA, but you must prove a legally recognised ground such as cruelty, desertion or adultery.
Which court do I file my divorce petition in?
You file in the family court that has jurisdiction — generally where the marriage took place, where the couple last resided together, or where the respondent currently resides.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
