DIVORCE

Understanding Divorce Laws in India

Divorce in India is governed by personal laws specific to religion — the Hindu Marriage Act 1955, the Special Marriage Act 1954, the Indian Divorce Act 1869 (Christians), and the Dissolution of Muslim Marriages Act 1939. Regardless of religion, Indian courts examine grounds for dissolution carefully before granting a decree.
At Bhardwaj Law Solutions, we guide clients through every step of the divorce process — from filing the initial petition to final decree — with clarity, confidentiality, and a focus on protecting your rights over property, custody, and maintenance.
Key aspects include:
  • Mutual Consent Divorce — both spouses agree to dissolve the marriage
  • Contested Divorce — one spouse files on statutory grounds
  • Judicial Separation — living apart without dissolving the marriage
TYPES OF DIVORCE

Mutual Consent vs Contested Divorce

Mutual Consent Divorce

Under Section 13B of the Hindu Marriage Act 1955 (or Section 28 of the Special Marriage Act 1954), both spouses can jointly petition for divorce after living separately for at least one year. The court grants a decree after a mandatory 6-month cooling-off period.

Key Features:

  • Both parties file a joint petition
  • Separation of at least one year required
  • 6-month cooling-off period (waivable by court)
  • Settlement of maintenance and property agreed mutually
Applicable When: Both spouses agree that the marriage has irretrievably broken down and wish to part amicably without a prolonged legal battle.

Contested Divorce

When one spouse opposes the divorce, the petitioner must establish statutory grounds under the applicable personal law — such as cruelty, desertion (2+ years), adultery, conversion, mental disorder, or leprosy. The process involves evidence, cross-examination, and court hearings.

Key Features:

  • Petitioner must prove one or more statutory grounds
  • Cruelty and desertion are the most commonly pleaded grounds
  • Interim maintenance and injunctions can be sought
  • Appeals lie to High Court and Supreme Court
Applicable When: One spouse refuses to consent or disputes the grounds of divorce. A full trial on merits is required before the Family Court.
WHY CHOOSE US

What Sets Us Apart

Our firm combines decades of legal experience with a modern, client-first approach. We don’t just handle cases — we build lasting relationships based on trust and results.
  • Personalized attention to every case
  • Transparent communication at every step
  • Proven track record of successful outcomes
  • Experienced team of dedicated legal professionals
  • Free initial consultation for all new clients
THE PROCESS

Step-by-Step Process

For Mutual Consent Divorce

  • Step 1 — Joint consultation and drafting of settlement terms
  • Step 2 — Filing joint petition before Family Court
  • Step 3 — First motion hearing and recording of statements
  • Step 4 — Cooling-off period (6 months, waivable by court)
  • Final Outcome — Second motion hearing and decree of divorce

For Contested Divorce

  • Step 1 — Consultation, assessment of grounds and evidence
  • Step 2 — Filing of divorce petition before Family Court
  • Step 3 — Service of summons and filing of written statement
  • Step 4 — Evidence, cross-examination and arguments
  • Final Outcome — Judgment and decree (subject to appeal)
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DOCUMENTS

Required Documents

Gathering the right documents at the outset speeds up the process and strengthens your position. Our team will advise you on additional documents specific to your case.
  • Marriage certificate (original and attested copy)
  • Proof of identity and address (Aadhaar, Passport)
  • Proof of one-year separation (rent receipts, utility bills)
  • Financial statements and income proof (for maintenance claims)
  • Property documents (for matrimonial property settlement)
  • Children's birth certificates (for custody matters)
  • Any previous court orders or injunctions
  • Photographs, correspondence, or evidence of grounds (contested)
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