🏛️ Types of Divorce and Procedure of Divorce in India

By Adv. Sanjay Bishnoi | Sanjay Bishnoi & Associates | Sirsa & Fatehabad

Marriage is a sacred institution in India, symbolising love, trust, and companionship. However, when a marriage becomes irreparably strained, the law offers a legal remedy — divorce — to dissolve the marital bond.
The process and types of divorce vary under different personal laws, including Hindu, Muslim, Christian, and Parsi laws, as well as the Special Marriage Act, 1954.

At Sanjay Bishnoi & Associates, we provide expert legal assistance in divorce and matrimonial matters across Sirsa and Fatehabad, Haryana, ensuring that our clients receive compassionate, strategic, and result-driven representation.

⚖️ Types of Divorce in India

Indian law recognises two main types of divorce: Mutual Consent Divorce and Contested Divorce.

🔹 1. Mutual Consent Divorce

Under Section 13B of the Hindu Marriage Act, 1955, a mutual consent divorce is the most amicable and straightforward way to dissolve a marriage.

Key Conditions:

Both husband and wife agree to end the marriage.

They must have been living separately for at least one year.

There must be no chance of reconciliation.

Issues such as alimony, child custody, and property distribution must be mutually settled.

Procedure:

Filing a Joint Petition before the Family Court.

First Motion Hearing – The court records the statements of both parties.

Cooling-off Period (6 months) – Given to allow reconsideration.

Second Motion Hearing – If both parties still consent, the court grants the final decree of divorce.

Benefits:

Quicker process (6–12 months).

Less emotional stress.

Cost-effective and private.

🔹 2. Contested Divorce

A contested divorce arises when one spouse seeks a divorce while the other disagrees.
In such cases, the court intervenes to decide based on legal grounds.

Common Grounds for Contested Divorce:

Cruelty (mental or physical)

Adultery

Desertion (minimum of 2 years)

Conversion to another religion

Mental disorder or unsoundness of mind

Venereal disease

Renunciation of worldly life

Presumption of death (no contact for 7 years)

Procedure:

Filing of Petition: Filed by the aggrieved spouse in the Family Court.

Notice to the Respondent: The Court issues a notice to the other spouse.

Reply and Counter: Both sides submit written statements and evidence.

Trial and Arguments: Witnesses, documents, and testimonies are examined.

Final Decree: The judge decides whether to grant the divorce.

Timeline:
Contested divorce cases may take 1–3 years or longer, depending on evidence, cooperation, and complexity.

💒 Divorce Under Different Personal Laws

1. Hindu Marriage Act, 1955:
Applies to Hindus, Buddhists, Sikhs, and Jains. Provides for both mutual and contested divorce.

2. Muslim Law:
Based on the Shariat Act, 1937, it includes:

Talaq (by husband)

Khula (by wife)

Mubarat (mutual consent)
Also, under the Dissolution of Muslim Marriages Act, 1939, a Muslim woman can seek divorce through the court.

3. Christian Law:
The Indian Divorce Act, 1869, governs divorce; grounds include adultery, cruelty, and desertion.

4. Parsi Law:
Under the Parsi Marriage and Divorce Act, 1936, both mutual and contested divorce provisions exist.

5. Special Marriage Act, 1954:
Applicable to interfaith or civil marriages, allowing divorce on similar grounds as under the Hindu Marriage Act.

👨‍⚖️ Step-by-Step Divorce Procedure in India

Consultation with an Advocate:
Seek guidance from an experienced divorce lawyer to understand your rights and options.

Drafting the Petition:
The petition must clearly state the facts, grounds for divorce, and desired relief.

Filing in Family Court:
The case is filed where either spouse resides or where the marriage took place.

Service of Summons:
The court issues notice to the respondent to appear and reply.

Evidence & Trial:
Both sides present their arguments, evidence, and witnesses.

Decree of Divorce:
If the court is satisfied that the marriage has broken down irretrievably, it grants a divorce decree.

💬 Why Choose Sanjay Bishnoi & Associates?

At Sanjay Bishnoi & Associates, we combine legal expertise with empathy to guide our clients through one of the most sensitive phases of life.

We handle all types of family and matrimonial matters, including:

Mutual Consent Divorce

Contested Divorce

Child Custody & Visitation Rights

Maintenance & Alimony Claims

Domestic Violence & Dowry Harassment Cases (Sec. 498A IPC)

Mediation and Settlement Proceedings

We ensure confidentiality, transparency, and effective representation in every case.

📍 Our Office Locations

SIRSA OFFICE:
📌 Chamber No. 406 & 460, New Lawyer Chamber Complex,
District Court, Sirsa, Haryana.Location Link

FATEHABAD OFFICE:
📌 Chamber No. 92, District Court, Fatehabad, Haryana.

We proudly serve clients across Sirsa, Fatehabad, and nearby regions, offering reliable, results-oriented legal solutions.

🧾 Conclusion

Divorce can be emotionally draining, but with the proper legal support, you can navigate it with confidence and dignity. Whether your case involves mutual consent or contest, our team at Sanjay Bishnoi & Associates is here to protect your rights and ensure a fair, swift resolution.