The Hindu Marriage Act, 1955 is an Indian law that governs marriage and divorce among Hindus. It provides the legal framework for the solemnisation, validity, and dissolution of marriages within the Hindu community.

The Act applies to Hindus, including Buddhists, Jains, and Sikhs. It also applies to any person who is not Muslim, Christian, Parsi, or Jew.

A contested divorce occurs when the parties do not agree on the terms or grounds for divorce, requiring court intervention. An uncontested divorce happens when both parties mutually agree on the terms of the divorce and its conditions.

The family court is responsible for handling divorce cases, facilitating mediation between parties, and ensuring that all legal requirements are met. The court also decides on issues such as alimony, child custody, and division of property.

Divorce in India involves filing a divorce petition in the family court. The process varies depending on whether it is a divorce by mutual consent (13B) or a contested divorce (13A). It includes filing the petition, getting the notice served on the opposite party, attending court hearings, etc.

A divorce by mutual consent is typically faster, taking approx. between 6 to 18 months, while a contested divorce can take several years.

A person can file for divorce in India after completing one year of marriage. Exceptions by courts are made if there are cases of exceptional cruelty or hardship, but the court must be convinced of these circumstances.

Yes, NRIs (Non-Resident Indians) can file for divorce in India. The jurisdiction depends on the location of the marriage, the couple’s last residence in India, or other factors. Legal advice is recommended for NRIs considering divorce in India.

The documents required for mutual divorce in India typically include:

• Marriage certificate

• Address proof and ID proof of both parties

• Passport-sized photographs of both parties

• Details of assets, liabilities, and income

• Evidence of the mutual consent (joint statement)

• Proof of separation (if applicable)

• Any other relevant documents as per the court’s requirements.

A minimum of six months of separation is mandatory before a couple can file for a divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, exception to this can be made by filing an application before the court for waiver of the cool off period for reasons to be recorded in writing and the same is subject to the court’s discretion.

The common grounds for divorce in India include:

• Adultery: If your spouse has had sexual relations with someone else, you can file for divorce on the grounds of adultery.

• Cruelty: If your spouse has treated you with physical or mental cruelty, making it impossible for you to live together, you can seek divorce.

• Desertion: If your spouse has left you without any reasonable cause for a continuous period of at least two years, you can file for divorce on the grounds of desertion.

• Conversion: If your spouse has converted to another religion, you can file for divorce.

• Mental disorder: If your spouse is suffering from an incurable mental disorder or has been declared of unsound mind by a competent court, you can seek divorce.

• Leprosy: If your spouse is suffering from a virulent and incurable form of leprosy, you can file for divorce.

• Venereal disease: If your spouse is suffering from a communicable venereal disease, you can seek divorce.

• Renunciation: If your spouse has renounced the world and taken up sanyas or holy orders, you can file for divorce.

• Presumption of death: If your spouse has not been heard of as being alive for a period of seven years or more, you can seek divorce on the ground of presumption of death.

Desertion refers to the abandonment of one spouse by the other without any reasonable cause and without the intention of returning. For desertion to be a ground for divorce, it must last for a continuous period of at least two years.

Yes, impotency is a ground for annulment of marriage in India. If one of the spouse is incapable of consummating the marriage, the other spouse can seek annulment.

No, an annulled marriage is not the same as a divorce. Annulment legally declares a marriage null and void as if it never existed, while a divorce legally ends a valid marriage.

No, even in cases of mutual consent, a divorce petition must be filed in court. However, the process is more straightforward and less time-consuming than a contested divorce.

Yes, a spouse and child can move out of the house without / before getting a divorce, but this could lead to legal complications related to custody and visitation rights. It’s advisable to seek legal guidance in such situations.

Yes, fraud can be a ground for divorce. Examples include misrepresentation of religion, concealment of prior marriage(s), or lying about critical health issues.

Legal separation allows a couple to live apart without dissolving the marriage, whereas divorce legally ends the marriage.

Yes, a couple can opt for legal separation if they do not wish to end the marriage but want to live apart.

Dissolution of marriage is another term for divorce, referring to the legal termination of a marriage.

You can file for divorce at a district family court where:

• your marriage ceremony took place, or

• you last resided with your spouse, or

• your spouse is residing at the time of filing for divorce.

You can file a divorce petition at any of these places.

If you are willing to work on your marriage but your spouse does not co-operate and starts living away from you, without any reasonable cause, you must file for Restitution of Conjugal Rights in the district family court. If the court is satisfied, it may pass a decree in your favour and your spouse will have to live with you again.

Cruelty as a ground for divorce in India includes any conduct that makes it unsafe or unreasonable for a spouse to continue the marriage, and it can be physical, mental, psychological, financial or emotional. It is a broad legal concept that can encompass anything from physical violence to persistent humiliation, verbal abuse, or harassment. The specific behaviour is evaluated based on the facts and circumstances of each case to determine if it's beyond the "normal wear and tear" of married life.

During divorce proceedings in India, a wife can receive interim maintenance to cover basic living expenses like food, shelter, and medical costs, as well as legal expenses for the case. The amount is not fixed and is determined by the court based on factors such as the wife's financial need and the husband's income, along with the status and lifestyle of both parties.

Courts determine alimony by considering a wide range of factors, including the financial status, earning capacity, standard of living, and health of both spouses, along with the duration of the marriage and any dependent children. There is no fixed formula, as each case is decided individually based on its specific facts and circumstances.

In a divorce by mutual consent, the courts typically agree to the decision of the parents regarding child custody. Whereas in a contested divorce, child custody is determined by the court with the paramount principle of the child's "welfare" or "best interest" in mind, not the parents' wishes. The court considers factors like the child's physical and emotional needs, their age and sex, the financial stability of each parent, and the child's preference if they are old enough to form one.