Divorce in India is governed by different laws depending on religion, marriage acts, and grounds for separation. Understanding the legal process is essential for ensuring a smooth and lawful dissolution of marriage. Below is a step-by-step guide to filing for divorce in India.
Types of Divorce in India
- Mutual Consent Divorce – Both parties agree to separate amicably.
- Contested Divorce – One party files for divorce based on legal grounds.
Legal Grounds for Divorce
The grounds vary by personal laws but generally include:
- Adultery
- Cruelty
- Desertion (minimum 2 years)
- Conversion to another religion
- Mental disorder
- Communicable disease
- Presumption of death (7 years of no contact)
Step-by-Step Process to File for Divorce in India
For Mutual Consent Divorce
- File a Joint Petition
- Both spouses must file a joint petition stating they have been living separately for at least one year and cannot reconcile.
- First Motion
- The court records statements of both parties and sets a six-month waiting period for reconsideration (can be waived in some cases).
- Second Motion & Final Hearing
- After six months, both parties appear for a final statement before the judge.
- Decree of Divorce
- If the court is satisfied, it grants the final divorce decree.
For Contested Divorce
- File a Divorce Petition
- One spouse files a petition in the appropriate family court based on legal grounds.
- Service of Summons
- The court serves a notice to the other spouse.
- Response from the Other Party
- The respondent can contest or agree to the claims made.
- Court Hearings & Evidence Submission
- Both parties present their evidence and witnesses.
- Final Arguments & Judgment
- The court delivers the final verdict.
- Appeal (If Required)
- Either party can appeal in a higher court if dissatisfied with the judgment.
How to File for Divorce Online via eCourts.gov.in
- Visit the eCourts Services Website
- Go to eCourts Services and register for an account.
- Select the Appropriate Family Court
- Choose the correct jurisdiction based on residence or place of marriage.
- File the Petition Online
- Upload necessary documents, fill out the petition, and pay the court fee online.
- Track Case Status
- Use the portal to track case progress and upcoming hearings.
- Attend Court Hearings
- Even though the petition is filed online, court appearances may still be required.
Documents Required for Filing Divorce
- Marriage certificate
- Address proof of both spouses
- Income tax statements
- Property details
- Proof of separation (if applicable)
- Any evidence supporting the reason for divorce
Time Frame for Divorce in India
- Mutual Consent Divorce: Minimum 6 months (can extend to 18 months)
- Contested Divorce: Typically 3-5 years, depending on complexities.
Cost of Filing for Divorce
- Mutual Divorce: ₹25,000 – ₹75,000 (lawyer fees included)
- Contested Divorce: ₹50,000 – ₹3,00,000 (varies by case)
Where to File for Divorce?
A divorce petition can be filed in:
- The place of marriage
- The place where both spouses last resided together
- The jurisdiction where the wife currently resides
Authoritative Resources for More Information
- Ministry of Law and Justice, India
- Supreme Court of India
- Bar Council of India
- Legal Services India
- eCourts Services
Conclusion
Filing for divorce in India is a complex legal process that requires careful planning, legal consultation, and adherence to procedural requirements. Whether opting for mutual consent or a contested divorce, understanding the necessary steps, documentation, and legal implications can help make the process smoother.
With the availability of online filing through eCourts, accessibility has improved, but legal representation remains essential for navigating the process effectively. Seeking guidance from an experienced lawyer can ensure compliance with all legal obligations and facilitate a fair resolution.