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Divorce is a difficult and emotional process, and navigating the legalities can feel overwhelming. If you’re considering a divorce in India, understanding the basic legal framework is the first crucial step.Here’s a simplified look at how to get a divorce in India, outlining the two main types of divorce and their respective procedures.

The Two Paths to Divorce

Himanshi Garg, a divorce lawyer in Chandigarh, says that in India, divorce proceedings are primarily governed by the Hindu Marriage Act, 1955, for Hindus, Sikhs, Jains, and Buddhists, while other communities have their own personal laws (like the Indian Divorce Act for Christians and the Parsi Marriage and Divorce Act for Parsis). Regardless of the specific law, there are two ways to get the divorce:

1. Mutual Consent Divorce (Section 13B of the Hindu Marriage Act)

This is the easiest & quickest way to get a divorce. It applies when both the husband and wife agree to the separation and have amicably settled all related issues.

• Key Requirements:
  • You should be living separately for one year period or more.
  • Both parties must agree that they are unable to live together and have mutually decided to dissolve the marriage.
  • You must reach a consensus on all matters, including alimony, child custody, and the division of assets.
• The Process:
  • First Motion: A joint divorce petition is filed in the Family Court. Both parties appear before the judge to record their statements and verify their consent.
  • Cooling-Off Period: After the first motion, the court mandates a cooling-off period, typically six months, to give the couple a chance to reconsider their decision. The Supreme Court has, in certain cases, allowed for the waiver of this period.
  • Second Motion: If the couple still wants to proceed after the cooling-off period, they file a second motion. They appear before the court again to reaffirm their consent.
  • Final Decree: If the court is satisfied, it issues a final divorce decree, officially dissolving the marriage.

2. Contested Divorce (Section 13 of the Hindu Marriage Act)

A contested divorce is a more complex process that occurs when only one spouse wants to get a divorce, or when both parties cannot agree on the terms of the separation. The party seeking the divorce must prove a specific legal ground for the dissolution of the marriage.

• Common Grounds for a Contested Divorce:
  • Cruelty: This includes both physical and mental cruelty that causes harm or endangers the life, limb, or health of the other spouse.
  • Adultery: When one spouse has voluntary sexual intercourse with a person other than their spouse.
  • Desertion: When one spouse has abandoned the other for a continuous period of at least two years without a valid reason.
  • Conversion: When one spouse converts to another religion.
  • Mental Disorder: When a spouse is suffering from an incurable mental illness or disorder that makes it unreasonable to expect the other to live with them.
  • Venereal Disease: When a spouse is suffering from a communicable venereal disease.
• The Process:
  • Filing a Petition: The spouse seeking the divorce files a petition in the Family Court, outlining the specific grounds and providing evidence.
  • Summons and Reply: The court issues a summons to the other spouse (the respondent), who then has an opportunity to file a reply, accepting or denying the allegations.
  • Mediation: The court often refers the parties to mediation to attempt an amicable resolution.
  • Evidence and Hearings: If mediation fails, the case proceeds to trial. Both sides present evidence, examine witnesses, and engage in cross-examination to prove their claims.
  • Final Decree: After hearing all arguments and reviewing the evidence, the judge passes a final decree, either granting or denying the divorce. This process can be lengthy, often taking two to five years or more.

How a Lawyer Can Help

While it’s technically possible to file for divorce without a lawyer, it’s highly advisable to seek legal counsel. A qualified divorce lawyer can:

• Explain your rights and obligations under the relevant personal laws.
• Draft and file all necessary petitions and documents, ensuring they are legally sound.
• Represent you in court and handle all legal proceedings.
• Negotiate settlements on your behalf, especially in matters of alimony, child custody, and property.

Navigating a divorce can be a complex and emotionally charged journey. Having the right legal guidance can make the process clearer and less stressful and can help ensure the best outcome.

 

The Punjab and Haryana High Court in “AU Small Finance Bank v. State of Punjab and Others” has strongly criticized revenue authorities  for failing to comply with a lawful order of Section 14 under the SARFAESI Act, 2002. The case was brought by Bank, which had obtained a possession order in February 2025 for a secured property, but local officials delayed its execution without justification.

The Bench, led by Chief Justice Sheel Nagu and Justice Ramesh Kumari, observed that such negligence weakens the entire recovery mechanism under the SARFAESI Act. “Non-Performing Assets are a burden on the public exchequer. Prompt enforcement is essential for financial stability,” the Chief Justice said. Despite a clear legal mandate, the Tehsildar-cum-Duty Magistrate failed to carry out the order. The Court reminded authorities of the binding precedent set in Bank of Maharashtra vs. District Magistrate, Hisar (2024), which specifies strict timelines for executing such directives.

Highlighting repeated non-compliance, the Court suggested that officials are either unaware of the law or deliberately ignoring it. It ordered the Chandigarh Judicial Academy to hold a special training programme for all District Magistrates and Tehsildars across Punjab, Haryana, and Chandigarh. Saurav Goyal, the top banking lawyer said that the Hon’ble Court has also observed that any future failure to act on Section 14 orders will be treated as contempt of court.