Divorce may be sought by mutual consent, where both spouses agree, or on grounds recognised by law in a contested petition. Issues of alimony, maintenance, custody and return of property are usually resolved alongside.
We guide clients through both routes, including drafting settlement terms that are clear and enforceable.
What this covers
- Mutual consent divorce petitions
- Contested divorce on statutory grounds
- Settlement terms on alimony, custody and property
- Waiver of the waiting period where justified
- Appeals from Family Court decisions
How the process generally works
- First motion
In mutual consent divorce, both spouses jointly file a petition stating that they have lived separately for at least one year and agree to divorce.
- Waiting period
The second motion is ordinarily made after six months. Courts may waive this period in appropriate cases.
- Second motion and decree
If both spouses still consent, the court records their statements and grants a decree.
- Contested route
A contested petition proceeds through pleadings and evidence on the ground alleged, such as cruelty or desertion.
Relevant law
- Hindu Marriage Act, 1955, sections 13 and 13B
- Special Marriage Act, 1954, sections 27 and 28
- Amardeep Singh v. Harveen Kaur (2017) on waiver of the waiting period
Common questions
How long does a mutual consent divorce take?
Ordinarily at least six months from the first motion, unless the court waives the waiting period. The actual time depends on court schedules and whether the terms are settled.