Frequently Asked Questions

Mutual Divorce is a legal process of separation, when both the husband and wife want to separate with their own will after marriage, is called at Divorce with Mutual Consent. Contested Divorce or divorce without mutual consent is filed without the prior approval of either of the spouse (husband or wife).

Dissolution of marriage in India means when two people who are legally married, one of them start with the court and legal process of being divorce or ending of marriage.

Legal separation means when a couple applies for the separation of all the legal responsibilities as well as they change the custody of the child but still remain married. In this condition sometimes couple applied for divorce with legal separation or may apply for divorce after legal separation.

Legal separation is especially for those who do not want to live together anymore but still don’t want divorce due to any religious or emotional reason.

In this condition if there is no mutual consent, for example one is asking for legal separation and another for divorce than mostly the court will order for divorce.

In annulment the court clarifies that the marriage actually never exists. For example, if a couple married in a minor age (or if any of the partner is already married to someone else)

But this is only possible when marriage was not legal even in the very first stages.

Since India is a very diverse country which have their own marriage laws and divorce laws, even the process of divorce may vary as per the community or religio

Section 13 of the Hindu Marriage Act explains the situations under which a person can seek contested divorce when the other party is not ready for a divorce with mutual consent.

Having sexual intercourse outside marriage is termed as adultery and is a valid ground for divorce without mutual consent

Having sexual intercourse outside marriage is termed as adultery and is a valid ground for divorce without mutual consent

If you feel that your marriage has come to its natural end and you have exhausted all of your efforts to make it work. Our divorce law firm helps you in making such an important decision of life, we come into picture only when the parties have already decided to dissolve the marriage amicably by their own free will.

Divorce Decrees are only granted by the appropriate Family Courts. Currently we operate in Family Courts District Courts of the State. In Delhi family court are following :-

  • Tis Hazari Court
  • Patiala House Court
  • Saket Court
  • Rohini Court
  • Dwarka Court
  • Karkardooma Court

No, it’s not required. However, if Judges feel appropriate, they can ask any or both the parties to call up their parents depending on the facts and circumstances of each case.

 If one of the spouses converts to another religion, it forms a valid ground for contested divorce.

Any kind of physical or mental injury that causes fear or belief of fear of death, or health.

It is important to note that the mental cruelty is also a valid ground for divorce normally judged as subsequent acts and not a single act. The case of Neelu Kohli vs. Naveen Kohli, AIR 2004 falls into this category. However, the court ruled out the divorce petition in the case of S Hanumanta Rao vs. Ramani, AIR 1999 as a single instance cannot be proven as mental cruelty.

If any of the spouses has deserted the other for a period of a minimum of two years, the victim can file for the divorce.

If the spouse contesting for the divorce can prove insanity or mental disorder on the part of the other party, can form a ground for divorce. The case of B.N. Panduranga Shet vs. S.N. Vijayalaxmi, AIR 2003 is a testimony to this ground.

The virulent and incurable form of leprosy of the partner can form a valid ground for divorce.

A serious and sexually transmittable disease like aids which is categorized as venereal disease forms a ground for divorce without mutual consent.

If a partner is embracing a religious order by renouncing all the worldly affairs, the other partner can file for divorce.

If a partner has been absent from marriage for at least seven years, has not been heard from and there is no evidence of their being alive, the other partner can file for divorce.

After filing for divorce when the court orders for the couples to continue living jointly if the couple fails to cohabitate, it becomes a ground for divorce.

Section 13B of the Hindu marriage Act 1955 and Section 28 of the Special marriage Act, 1954 provide for divorce by mutual consent on the below mentioned conditions:

  • That they (husband and wife) have been living separately for a period of one year or more, and
  • That they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Section 10 A of the Divorce Act 1869 (applicable to Christians) provide for divorce by mutual consent on the below mentioned conditions:

  • That they (husband and wife) have been living separately for a period of two years or more, and
  • That they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Both parties need to appear in front of Family Judge once for each motion (two times for the entire process); however, if Judges feel appropriate, they can call the parties again depending on the facts and circumstances of each case

What are the ground for filing the contested divorce in India?

Basis any of the above grounds, a partner can file for divorce without mutual consent in a family court with the help of a competent lawyer

  • Contested Divorce
  • Adultery
  • Cruelty
  • Conversion
  • Desertion
  • Mental disorder
  • Leprosy
  • Venereal diseases
  • Renunciation
  • Missing/Has not been heard from
  • No resumption of cohabitation
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