How to File Divorce in India – FAQs Answered by Karan Thukral

To file divorce in India, a spouse must submit a divorce petition in the Family Court that has jurisdiction over the place where the couple last lived together, where the marriage took place, or where the wife currently resides.

There are mainly two types of divorce in India:

• • Mutual Divorce – Both husband and wife agree to end the marriage.
• • Contested Divorce – One spouse files for divorce without the consent of the other.

Mutual divorce is usually faster and less complicated than contested divorce.

Some common legal grounds for divorce include:

• • Cruelty
• • Adultery
• • Desertion
• • Mental illness
• • Conversion to another religion
• • Irretrievable breakdown of marriage

The exact grounds may depend on the personal laws applicable to the couple.

A mutual divorce generally takes 6 months to 1 year, while a contested divorce may take longer depending on the complexity of the case and court proceedings.

Divorce cases are handled by the Family Court in the district where the couple lives, last lived together, or where the wife resides.

Common documents required include:

• • Marriage certificate
• • Address proof of both spouses
• • Identity proof
• • Wedding photographs
• • Income proof for maintenance claims

Additional documents may be required depending on the case.

Mutual divorce is when both spouses agree to legally end the marriage and jointly file a divorce petition in court.

Yes. A spouse can file a contested divorce without the other spouse's consent if there are valid legal grounds such as cruelty or desertion.

In most mutual divorce cases, courts provide a six-month cooling-off period between the first and second motion so the couple can reconsider their decision.

Mediation is a court-guided discussion process where couples try to resolve their disputes and possibly reconcile before continuing the divorce case.

Child custody is decided based on the best interests of the child, considering emotional, financial, and educational factors.

Alimony or maintenance is financial support provided by one spouse to the other after divorce to maintain living expenses.

Some courts allow online filing or case tracking, but the divorce process usually requires physical court appearances during hearings.

Yes. NRI couples can file for divorce in India if their marriage was registered in India or Indian law applies to their marriage.

Consulting an experienced lawyer like Karan Thukral helps you understand your rights, prepare the correct documents, and complete the legal process without unnecessary delays.

There is no single "best" divorce lawyer in India because the right lawyer depends on the case and location. However, experienced family law professionals such as Karan Thukral are known for handling divorce, child custody, alimony, and NRI matrimonial disputes with professional legal guidance.