Divorce in India is governed by central statutes — chiefly the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 — applied by Family Courts across Delhi. The chamber of Advocate Manish Jha conducts both contested and mutual consent proceedings.
One Central Law, Not State-wise Rules
India does not have state-wise divorce laws. Marriage and divorce are governed by central enactments, so the grounds and procedure are the same in Delhi as elsewhere in the country. What differs is the forum: in Delhi, matrimonial petitions are heard by the Family Courts attached to the district court complexes, with appeals to the High Court of Delhi.
Grounds for Divorce under the Hindu Marriage Act, 1955
Section 13 of the Hindu Marriage Act, 1955 sets out the fault grounds on which either spouse may seek divorce, including:
- cruelty — physical or mental;
- desertion for a continuous period of not less than two years;
- adultery, that is, voluntary sexual intercourse outside the marriage;
- conversion to another religion;
- incurable unsoundness of mind, virulent and incurable leprosy-related grounds as amended, venereal disease in communicable form, and renunciation of the world;
- the other spouse not having been heard of as alive for seven years.
A wife has certain additional grounds under the statute. Marriages under the Special Marriage Act, 1954 are dissolved on broadly similar grounds under that Act.
Divorce by Mutual Consent — Section 13B
Where both spouses agree that the marriage should end, Section 13B permits divorce by mutual consent. The parties must have lived separately for one year or more before filing the first motion. The second motion may be moved after six months and within eighteen months of the first. As per settled law, the court has the discretion to waive the six-month waiting period in appropriate cases where the separation is long and reconciliation is not possible. A comprehensive settlement usually deals with maintenance, custody of children, stridhan and withdrawal of pending cases.
The Chamber's Matrimonial Practice
Advocate Manish Jha (LL.B., LL.M.), with over fifteen years of practice, appears in matrimonial matters before the Family Courts in the Delhi district court complexes and the High Court of Delhi. The chamber drafts petitions and settlement deeds, conducts trial in contested cases, and advises on connected issues such as maintenance, domestic violence proceedings and NRI divorce.
Frequently Asked Questions
How long does a mutual consent divorce take in Delhi?
After the first motion under Section 13B of the Hindu Marriage Act, 1955, the second motion can ordinarily be moved after six months and within eighteen months. As per settled law, the Family Court may waive the six-month interval in suitable cases, for instance where the parties have been separated for long and all disputes stand settled. Timelines therefore vary with the facts.
Are divorce laws different in each Indian state?
No. Divorce in India is governed by central legislation such as the Hindu Marriage Act, 1955, the Special Marriage Act, 1954 and the Divorce Act, 1869 for Christians. The grounds are uniform across the country. Only the forum changes — in Delhi, petitions are filed before the Family Court of the district concerned, with appeals to the High Court of Delhi.
What are the main grounds for a contested divorce?
Section 13 of the Hindu Marriage Act, 1955 recognises cruelty, desertion for two years or more, adultery, conversion to another religion, incurable unsoundness of mind, communicable venereal disease, renunciation of the world, and the spouse not being heard of as alive for seven years. A wife has certain additional grounds. Each ground must be pleaded and proved with evidence before the Family Court.
Can a spouse claim maintenance during divorce proceedings?
Yes. Section 24 of the Hindu Marriage Act, 1955 allows either spouse to seek interim maintenance and litigation expenses while the case is pending, and Section 25 provides for permanent alimony. Independent remedies also exist under Section 144 of the BNSS, 2023, which replaced Section 125 CrPC, and under the Protection of Women from Domestic Violence Act, 2005.