It is crucial to know the different types of divorce available in India. Depending on which type of family law you belong to, (Marriage Act for Hindus; Divorces Laws) or (Christian Divorce Act) or (Special Marriage Act), there are considerable differences between each type of divorce regarding how long it takes, what grounds are acceptable, etc. Therefore, it is very helpful if you understand these options for choosing which type of divorce you want to use, as it can allow for quicker resolution with all of the legal proceedings and less stress and conflict through the entire process. If you are in doubt about selecting the best divorce option for yourself, please contact Prime Legal and request a consultation with one of their experienced divorce lawyers.
What Are the Types of Divorce in India?
1. Mutual Divorce
Mutual Divorce allows couples to mutually consent to their divorce. This is a faster, cheaper and less emotionally draining way to obtain a divorce than if they were in conflict about the reason or how to divide their property. You can find the step-by-step procedure for a Mutual Divorce Procedure in India in our complete guide.
2. Contested Divorce
Contested Divorces are filed when the spouse does not agree to the divorce, or if the spouse does not agree to the divorce due to issues like child custody or alimony payments. To prove valid legal grounds for your Contested Divorce, a spouse must file a Contested Divorce Petition and present evidence to the court to support their position. The legal evidence filed in support of the Contested Divorce Petition must be proven with sufficient evidence, and this makes the process of the contested divorce more complex and lengthy than the process for a mutual divorce. In our comparison of Mutual and Contested Divorces, you will learn more about how the two types of divorces differ.
Grounds for Divorce Under Different Personal Laws
Under Indian law, divorce is regulated by several different personal laws based on religion. The laws of each religion provide different “grounds” upon which someone could petition for a divorce. The Hindu Marriage Act including the Muslim and Christian Divorce Acts, as well as the Special Marriage Act set out specific grounds for divorcing under these laws and can assist both parties in selecting the appropriate process depending on their faith and religion.
Grounds for Divorce Under the Hindu Marriage Act, 1955
- Cruelty occurs when one spouse inflicts physical or mental suffering on the other spouse, causing them to feel unable to continue living in a married state. This could be through actions, words, or the withholding of love.
- Adultery occurs when the spouse has voluntarily participated in any type of sexual activity with anyone outside of the marriage.
- Desertion for a continuous period of 2 years occurs when a spouse leaves the other spouse without good reason or agreement for a period of at least two years.
- Conversion to another religion occurs when one spouse converts to a religion different from the one he or she was born into, therefore allowing that spouse to file for divorce.
- A mental disorder occurs when a spouse suffers from mental illness of such severity that it results in the inability to live together safely or rationally.
- Renouncing the world occurs when a spouse abandons all responsibility for material possessions, or worldly concerns, to pursue a life as a sadhu or swami.
- Presumption of death occurs when a spouse disappears and cannot be located for a period of seven years, allowing the spouse left behind to request a divorce.
- Other Grounds that Only Women Can Rely Upon: Husband guilty of rape, sodomy, or bestiality, Non-maintenance of wife by husband, and Husband has another wife at the time of marriage.
To learn more about the rights available to women in divorce proceedings, refer to our guide detailing their entitlements to property, maintenance, and security following the dissolution of a marriage in India.
Grounds for Divorce Under Muslim Law
Reasons for Divorce as Per Islamic Laws [Muslim Women’s Rights According To Marriage Act of 1939]:
- Cruelty – This includes either physical or emotional abuse from the husband.
- Impotency of the Husband – If the husband is declared to be impotent and cannot engage in sexual relations with his wife.
- Four Years Absence of Husband – If there have been no communications with the husband in a four-year period.
- Failure to Provide Maintenance for Wife – A husband who has demonstrated a consistent refusal to provide for or maintain his wife financially.
- Imprisonment of the Husband for a Period of 7 or More Years – For a husband sentenced to serve seven years or more in prison.
- Insanity/Leprosy/Venereal Disease – A husband who has a significant mental illness, or who has contracted a severe communicable illness (such as leprosy or a venereal disease).
The Following Grounds Are Available for a Husband to Divorce His Wife Under Islamic Law (And Talaq)
A husband can dissolve his marriage through the use of talaq (the Arabic word for divorce), provided that all three elements of talaq (a declaration of a divorce, the observation of an iddat period, and compliance with the recognised forms of talaq) are met.
To Learn More About the Divorce Filing Process Available to Different Religions, See Our Complete Guide On How To File For Divorce In India.
Grounds for Divorce Under the Indian Divorce Act (Christian Law)
- Adultery – The consent of a spouse to have sexual intercourse with another person while married.
- Cruelty – A spouse may be physically or emotionally abusive towards their partner.
- Desertion – A spouse may leave their partner without justification for a period of at least two years.
- Religious Conversion – A spouse may wish to end a marriage if the other spouse has converted to another religion.
- Mental Illness – A spouse with a significant mental illness poses a threat to the health and well-being of their partner, therefore making it unreasonable to continue the marriage.
- Sexual Diseases – A spouse who has contracted a sexually transmitted disease (STD) may wish to divorce their partner.
- Missing for Seven Years – If a spouse is missing and has not been located or contacted for a period of at least seven years.
Grounds for Divorce Under the Special Marriage Act, 1954
- Adultery – The act of having consensual sexual relations with someone other than one’s spouse.
- Cruelty – The infliction of physical and/or mental distress upon one spouse.
- Desertion – The act of a spouse leaving his/her partner for a time period of two years or more without just cause.
- Imprisonment – Sentencing of either spouse to serve a minimum of seven years or more in prison.
- Mental Disorder – The existence of an incurable, or extremely severe, mental illness that would render it unsafe or unreasonable for the couple to live together.
- Venereal Disease – The presence of a sexually transmitted communicable disease in one of the spouses.
- Assumed Death – After seven years without contact from the spouse.
- Additional Grounds available only to the Wife: Sexual Offence against Wife – Any of the above-mentioned sexual offences committed by the husband against his wife, and Missing Husband – After seven years without contact from the husband.
If you would like to learn how to calculate financial support for you after your divorce, you may view our guide regarding Alimony rules in India .
Fault-Based vs No-Fault Grounds in India
Fault-Based Grounds for Divorce
In a fault-based divorce, one spouse must show that the other has engaged in some form of misbehavior (e.g., cruelty, adultery, or abandonment), which are considered to be legally-proven acts of misconduct.
No-Fault Grounds for Divorce
A no-fault divorce means both spouses have consented to terminate their marriage without having to establish that one or the other was at fault for the breakdown of that marriage.
Choosing the Right Divorce Path: Expert Tips
- You should find out which divorce rules apply to you based on what kind of person you are (e.g., Hindu, Muslim, Christian, etc.).
- Find out if you and your spouse can easily work together to achieve a mutual divorce. Generally speaking, if there is a mutual agreement between the spouses to divorce, then this is typically the fastest, least-expensive and most-stressful way to obtain a divorce.
- Check whether you have all of your documentation in order. Things to remember to gather include a copy of your marriage certificate, a copy of each spouse’s photo ID, evidence of where you live, and any information that supports the basis for your divorce.
- Get the legal assistance of a lawyer who has experience with divorce cases. An experienced divorce attorney can answer all of your questions, advise you on what is going to be the best path, and help you avoid any legal issues down the road.
Conclusion
Understanding how the different types of divorce differ from each other, as well as the grounds for divorce under different personal laws, helps couples decide how to proceed through this very difficult time of life. Each type of divorce has unique procedures, rights, and time-frames, and it is very important to understand the legal implications of each. Getting professional assistance on how to file for a divorce can help ensure that everything goes smoothly for you. If you need assistance in filing your divorce, please contact the leading divorce lawyers in Bangalore at Prime Legal.
FAQs
1. What are the main types of divorce in India?
India primarily recognizes mutual consent divorce and contested divorce, depending on whether both spouses agree or one contests the separation.
2. Can I file for divorce under a different personal law?
No, your divorce must be filed under the personal law that governs your marriage, such as Hindu, Muslim, Christian, or the Special Marriage Act.
3. How long does a mutual consent divorce take?
It typically takes 6 months to 1 year, depending on court workload and whether the cooling-off period is waived.
4. What documents are required to file for divorce?
You generally need ID/address proof, marriage proof, photographs, and any evidence supporting your grounds for divorce.
5. Do I need a lawyer for divorce proceedings?
While not mandatory, having a lawyer helps ensure proper documentation, legal clarity, and faster resolution.
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