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FAQs on Divorce Cases in India
The grounds vary slightly depending on religion and personal laws. Under the Hindu Marriage Act (1955), common grounds include:
Cruelty (mental or physical)
Adultery
Desertion (for more than 2 years)
Conversion to another religion
Mental disorder
Venereal disease
Renunciation of the world
Presumption of death
For Muslims, divorce can occur through Talaq, Khula, or through the Dissolution of Muslim Marriages Act, 1939.
For Christians, divorce is governed by the Indian Divorce Act, 1869, and for Parsis, by the Parsi Marriage and Divorce Act, 1936.
Mutual Consent Divorce: Both parties agree to divorce amicably. Requires a separation period of at least one year and usually concludes faster (6–18 months).
Contested Divorce: Filed by one spouse against the other based on legal grounds. It can take several years depending on evidence, hearings, and appeals.
Mutual divorce: Typically 6–18 months.
Contested divorce: May take 3–5 years or longer, depending on complexity and court backlog
Yes. For mutual consent divorce, the couple must have lived separately for at least one year before filing. For contested divorce, the separation period depends on the grounds (e.g., 2 years for desertion).
A wife may be entitled to:
Maintenance/Alimony (Section 125 CrPC or personal laws)
Right to residence (especially in shared household under the Domestic Violence Act)
Custody of children (often granted to mothers, unless unfit)
Streidhan and dowry return
- Right to contest false allegations (e.g., under cruelty)
- Right to seek custody or visitation of children
- May be entitled to divorce on grounds of cruelty, desertion, etc.
- Can file cases if falsely implicated under Section 498A or Domestic Violence Act.
Alimony is financial support one spouse may be ordered to pay the other after divorce. Factors considered include:
Income and assets of both parties
Duration of marriage
Standard of living during the marriage
Health and dependents
There is no fixed formula; it is at the court’s discretion.
Yes. Mutual divorce requires consent of both parties at two stages (initial petition and final hearing). If one withdraws consent, it becomes invalid, and the other must file for contested divorce.
You can remarry only after receiving a final decree of divorce. For Hindus, under the Hindu Marriage Act, there is no waiting period after the decree.
In some cases, the courts recognize live-in relationships if they are long-term and resemble marriage. The woman may be entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005.
FAQs on Domestic Violence Cases in India
Domestic violence includes
Physical abuse (hitting, slapping, assault)
Emotional abuse (insults, humiliation, threats)
Sexual abuse (non-consensual acts)
Verbal abuse (name-calling, ridicule)
Economic abuse (withholding money, not allowing employment)
Threats and coercion
As per the Protection of Women from Domestic Violence Act (PWDVA), 2005, domestic violence can occur even without physical harm
Any woman who is, or has been, in a domestic relationship (marriage, live-in, family ties) with the respondent and has faced abuse can file a case. Mothers, daughters, sisters, and live-in partners are also protected under the Act.
No, the PWDVA, 2005 is specifically designed to protect women. However, men falsely accused can defend themselves in court and may pursue defamation, perjury, or misuse of law under other legal provisions.
The accused can be:
Husband or live-in partner
In-laws (including mother-in-law, father-in-law, etc.
Any adult male member (and in certain cases, women) of the shared household responsible for abuse
The court may issue the following relief orders:
Protection Order – Restraining the abuser from committing further violence
Residence Order – Ensuring the woman can stay in the shared household
Monetary Relief – Financial support for maintenance, medical expenses, loss of earnings
Custody Order – Temporary custody of children
Compensation Order – Damages for emotional distress and pain
There is no specific limitation period under the PWDVA. A complaint can be filed as long as the effects of domestic violence persist.
File a complaint through a Protection Officer appointed under the Act
Approach a Magistrate or Metropolitan Magistrate directly
File a First Information Report (FIR) under IPC sections (if physical assault or dowry is involved)
Seek help through NGOs, women’s helplines, or legal aid services
Yes. The Act provides the right to reside in the shared household, regardless of ownership or rental rights. She cannot be thrown out without a court order.
Yes. A DV complaint can be filed independently of any divorce or criminal proceedings. It can also be simultaneous with divorce, maintenance, or custody cases.
If the respondent violates the court’s protection order, it is a punishable offense under Section 31 of the Act, with:
Imprisonment up to 1 year
Fine up to ₹20,000, or both
While the Act is designed to protect women, courts have noted misuse in some cases. In Rajesh Sharma v. State of U.P. (2017), the Supreme Court observed that many complaints may be filed with the intention to harass and issued guidelines to prevent misuse. However, these guidelines were later modified to ensure they don’t dilute protection for genuine victims.
Yes. Women are entitled to free legal aid, and many Protection Officers, NGOs, and District Legal Services Authorities (DLSAs) assist with filing and navigating cases.
The Domestic Violence Act of 2005 is a powerful tool for safeguarding women’s rights in intimate and familial settings. However, awareness of its correct use is key—for both protecting genuine victims and ensuring justice is not compromised by misuse.
FAQs on Divorce Procedure in India
A: There are two main types:
- Mutual Consent Divorce – Both spouses agree to divorce by mutual consent.
- Contested Divorce – One spouse files for divorce without the other’s consent, citing legal grounds.
A: Divorce is governed by personal laws:
- Hindu Marriage Act, 1955 (for Hindus, Buddhists, Jains, Sikhs)
- Muslim Personal Law (Shariat)
- Indian Divorce Act, 1869 (for Christians)
- Parsi Marriage and Divorce Act, 1936 (for Parsis)
- Special Marriage Act, 1954 (for interfaith or secular marriages)
The legal grounds for divorce vary depending on the personal law. Common grounds include:
- Cruelty (physical or mental)
- Adultery (extramarital affair)
- Desertion (living separately for 2 or more years)
- Conversion to another religion
- Mental disorder or incurable disease
- Renunciation of the world (in case of religious vows)
- Irretrievable breakdown of marriage (though not yet a statutory ground, recognized by the Supreme Court)
- Disharmony or conflict leading to marriage breakdown
The following documents are typically required:
- Marriage Certificate
- Proof of separation (usually 1 year of living separately)
- Income proof (for maintenance/alimony purposes)
- Passport-sized photographs of both parties
- Aadhar cards or other identification proof
- Mutual Consent Divorce petition (signed by both spouses)
- Affidavit of consent (confirming both parties agree to the divorce)
- Draft settlement regarding alimony, maintenance, and child custody (if applicable)
The divorce process typically takes around 6 months to 1 year. After filing, there is a waiting period of 6 months, which can be waived by the court under certain circumstances if both parties are in agreement.
Maintenance or alimony is not automatic but can be awarded based on the circumstances, such as the financial condition and needs of the parties involved. The Hindu Marriage Act, 1955 (Section 24 & 25) and Section 125 CrPC (maintenance) provide provisions for this.
The custody of children is decided based on their best interests, considering factors like age, health, and emotional bond with the parents. The Guardians and Wards Act, 1890 governs child custody cases.
Yes, once the divorce decree is final, either party can remarry. However, if an appeal is pending, the divorce may not be final.
Yes, a divorce decree can be appealed in a higher court if one party feels the judgment was unfair or legally incorrect.
Yes, in a contested divorce case, if both spouses agree to divorce, they can convert it to a mutual consent divorce at any stage before the final decree is passed.