MAHESH ( ADVOCATE)

DIVORCE
KINDS OF DIVORCE IN INDIA
UNDER THE PROVISIONS OF HINDU LAW, DIVORCE CAN BE CLASSIFIED INTO TWO CATEGORIES:-
1. DIVORCE BY MUTUAL CONSENT;
2. CONTESTED DIVORCE.

MUTUAL DIVORCE: SECTION 13-B OF THE HINDU MARRIAGE ACT, 1955 DEALS WITH THE PROVISIONS

OF MUTUAL DIVORCE. AS THE NAME SUGGESTS, IN MUTUAL DIVORCE, BOTH THE PARTIES I.E. HUSBAND
AND WIFE MUTUALLY AGREE AND EXPRESS THEIR CONSENT FOR PEACEFUL SEPARATION.
CONTESTED DIVORCE: CONTESTED DIVORCE TAKES PLACE WHEN DIVORCE IS INITIATED BY EITHER
SPOUSE. SECTION 13 OF THE HINDU MARRIAGE ACT, 1955 PROVIDES THE GROUNDS FOR FILING A
CONTESTED DIVORCE, SOME OF WHICH ARE, CRUELTY, CONVERSION OF RELIGION, UNSOUND MIND,
COMMUNICABLE DISEASE OR EITHER SPOUSE IS UNHEARD FOR MORE THAN SEVEN YEAR.
 MAHESH ( ADVOCATE)

GROUNDS OF DIVORCE IN INDIA UNDER THE

HINDU MARRIAGE ACT, 1955
Section 13 of the Hindu Marriage Act, 1955 lays down the following  grounds on which contested divorce
can be obtained:-
1. Adultery– It is a criminal offense where either of the spouses is involved in sexual relations with
someone out of the marriage.
2. Cruelty- It is defined as a willful act that can cause danger to body, limb, life or to mental health. It can
include causing pain, abusing, torturing mentally or physically.
3. Desertion- When a spouse willfully abandons another without any intention of coming back, it is
known as Desertion. Desertion for more than two years could be a valid ground for divorce.
4. Communicable Diseases and Leprosy- Leprosy is a contagious and chronic disease that causes lesions
on skins and nerve damage. Hence, divorce can be obtained when wither spouse is diagnosed with
leprosy or any other similar disease.
 GROUNDS OF DIVORCE IN INDIA UNDER THE
HINDU MARRIAGE ACT, 1955
( CONTINUATION....)
• Mental Disorder- Mental disorder includes unsoundness of mind, mental illness, or such mental
disorder which makes the person abnormally aggressive which is a valid ground of divorce.
• Religion Conversion- In a Hindu marriage, if either of the spouses ceases to be a Hindu, then it
can be considered as a ground for divorce.
• Spouse not heard of- If either of a spouse is not heard of for more than seven years, then it can be
considered as a ground for divorce.
• Renunciation of the world- Under the Hindu Law, the “Renunciation of the world” is a ground
for divorce, if either of the spouses has renounced the world and has entered a holy order.
 MAHESH ( ADVOCATE)

PROCEDURE OF FILING FOR MUTUAL

DIVORCE IN INDIA
Following is the procedure to file for mutual divorce in India:
STEP 1: Draft a petition stating the reason for seeking a divorce.
STEP 2: File the petition jointly through respective lawyers before the family court.
STEP 3: The court after the examination of the petition along with the documents will pass on the order
for the recording of the statement on oath.
STEP 4: After this, a period of six months’ time is given to the parties as a chance of their reconciliation.
STEP 5: Post 6 months, if there no reconciliation, both the parties need to appear for the final
hearing.
STEP 6: In the final hearing, the court passes the divorce decree dissolving the marriage.
 MAHESH ( ADVOCATE)

PROCEDURE OF FILING FOR CONTESTED

DIVORCE IN INDIA
The contested divorce is filed by either spouse based on the abovementioned grounds.
The following are the steps to file for a Contested Divorce in India:-
• STEP 1: Draft a petition clearly stating the facts and grounds for seeking a divorce along with affidavits, vakalatnama, and
documents relevant to the case.
• STEP 2: If the court is satisfied after scrutinizing the petition and decides to move with the case, it sends a notice or summons
the other party to appear before the court on a decided date.
• STEP 3: Next, the court will suggest parties for mediation and if the mediation fails to resolve the issue, the court will continue
with the divorce proceedings.
• STEP 4: On a fixed date, both the parties will appear before the court, record their statements, submit evidence, get cross-
examined and will present their witnesses if any.
• STEP 5: At last, the court on a fixed date will deliver the verdict and pass a divorce decree.
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