What are common grounds for divorce?

Cruelty

If one spouse is mentally or physically cruel to the other, it is a valid ground for divorce under all personal laws.

Desertion

When one partner abandons the other without reasonable cause for at least 2 continuous years, it can be a ground for divorce.

Adultery

Engaging in a sexual relationship outside the marriage is a ground for divorce in Hindu, Christian, and Parsi laws. (Note: Adultery is no longer a criminal offense but is still a civil ground for divorce.)

Mental Disorder

If one spouse suffers from a severe mental illness that makes married life unreasonable for the other, divorce may be granted.

Conversion of Religion

If one spouse converts to another religion without the consent of the other, it can be a valid reason to seek divorce.

Incurable Diseases (e.g., Leprosy or Venereal Disease)

If a spouse suffers from a serious communicable disease, the other spouse may file for divorce. (Note: Leprosy was removed as a ground in some laws after 2019.)

Renunciation of the World (Sanyas)

In Hindu and Parsi law, if one spouse renounces worldly life and becomes a monk or sanyasi, the other spouse may file for divorce.

Presumption of Death

If a spouse has not been heard from for at least 7 years, the other spouse may obtain a divorce based on presumed death.

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NRI Divorce

NRI Divorce refers to the legal process where one or both spouses are Non-Resident Indians seeking divorce under Indian or foreign jurisdiction. It involves navigating both Indian personal laws and international legal frameworks.

Proper documentation, jurisdiction validation, and expert legal advice are crucial to ensure the divorce is recognized in both countries.

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Mediation

Mediation is a voluntary and confidential process where both spouses work with a neutral third party to resolve issues like alimony, child custody, and property division. It helps avoid lengthy court battles and encourages cooperative decision-making.

Mediation is faster, cost-effective, and legally supported by Indian family courts.

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Premarital Agreement

A Premarital Agreement (also called a Prenuptial Agreement) is a legal contract signed by a couple before marriage that outlines the ownership of assets, financial responsibilities, and future arrangements in case of divorce.

It helps prevent disputes over property or alimony later. In India, while not common, such agreements are gaining legal recognition in urban family law cases.

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Mutual Divorce

Mutual Divorce is a peaceful legal process where both spouses agree to end the marriage on shared terms. It requires joint consent on key issues like alimony, child custody, and asset division.

In India, it’s governed by Section 13B of the Hindu Marriage Act and typically takes 6–18 months, making it quicker and less stressful than contested divorce.

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It ensures legal accuracy, emotional support, and a hassle-free experience tailored to your specific situation.

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Commonly Asked Questions about Divorce

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👉 In India, Hindus, Muslims, Christians, and Parsis have separate marriage and divorce laws. The procedure and grounds for divorce vary according to religious personal laws.

👉 Mutual Consent Divorce means both spouses agree peacefully to end the marriage without any dispute. It involves a joint petition and quick court approval.

👉 Marriage certificate, ID proofs, address proofs, marriage photographs, joint settlement agreement, and proof of separation are commonly required documents.

👉 Both parties file a joint petition, attend two court motions with a six-month gap (sometimes waived), and then the court grants a divorce decree.

👉 Typically, it takes around 6 to 18 months depending on court workload and mutual cooperation. In some cases, the 6-month cooling-off period can be waived.

👉 You can file the petition where you last resided together, where the marriage was registered, or where either spouse currently lives.

👉 It varies. Costs include lawyer fees, court charges, and drafting charges. On average, it ranges between ₹25,000 to ₹75,000 or more depending on the city and complexity.

👉 A wife can claim maintenance (alimony), child custody, and her rightful share in jointly owned assets, depending on the settlement terms.

👉 Opting for mutual consent divorce is the quickest. Also, if both parties agree, courts may waive the six-month cooling period for quicker results.

👉 Cruelty, desertion, adultery, mental disorder, conversion of religion, or mutual consent are accepted legal grounds for divorce under Indian law.

👉 Choose a lawyer specializing in family law with experience in mutual divorces, positive client reviews, and a transparent working process.

👉 While technically optional for mutual consent divorce, having a lawyer ensures proper paperwork, guidance, and smooth handling of court formalities.

👉 No, remarrying without legal divorce is considered bigamy under Indian law, which is a punishable criminal offense.

👉 It’s a legal document jointly filed by both spouses stating they agree to dissolve the marriage amicably without blame.

👉 Yes, either party can withdraw their consent before the final hearing, which can convert the case into a contested divorce.

👉 Yes, either spouse can withdraw consent anytime before the court grants the final decree, stopping the mutual divorce process.

👉 The court cannot proceed without mutual consent. If consent is withdrawn, the petition is dismissed, and the parties must seek other remedies.

👉 A simple application must be filed in the court stating the intent to withdraw the consent and discontinue the petition.

👉 It’s legally possible but not advisable. A lawyer ensures proper drafting, filing, and court representation to avoid errors.

👉 Yes, if both parties agree in writing that no financial support is required, mutual divorce can proceed without alimony.

👉 You need to file a joint petition under Section 28 of the Special Marriage Act, 1954, with the same six-month process as other laws.

👉 The mutual divorce petition fails. The other spouse can then consider filing a contested divorce based on valid legal grounds.

👉 Yes, Hindus, Muslims, Christians, and Parsis have separate marriage and divorce acts governing the procedures and grounds.

👉 It saves time, money, emotional stress, avoids blame games, and maintains respect between both parties during separation.

👉 Custody is mutually agreed upon and mentioned in the settlement. Courts usually prioritize the child’s welfare above all.

👉 Both parties negotiate and decide alimony terms in the settlement. Courts usually honor mutual agreements unless unfair.

👉 Yes, if either spouse withdraws consent before the final hearing, the court cancels the petition.

👉 Family courts under your jurisdiction — based on marriage registration, last shared residence, or current residence.

👉 You must complete at least one year of marriage before filing for divorce, unless seeking special exemption.

B👉 After the second motion hearing, the court usually grants the final divorce decree within a few days to weeks.

👉 You can approach the court claiming coercion. Mutual consent must be free and voluntary; otherwise, the court can reject the petition.

👉 Normally, divorce can only be filed after 1 year of marriage. However, special permission (waiver) can be sought in rare hardship cases.

👉 Yes, your spouse can authorize someone via Power of Attorney to represent them in court for mutual consent divorce.

👉 You can remarry once the court grants the divorce decree and the appeal period (90 days) is over, or earlier if waived.

👉 It’s when both husband and wife mutually agree to dissolve the marriage peacefully without blaming each other.

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What are common grounds for divorce?