Querry about divorce

Dear client,

For an arranged marriage, you can file for divorce just like any other marriage. If both husband and wife agree, you can go for mutual divorce under Section 13B of the Hindu Marriage Act after one year of separation. If only one wants divorce, it’s called contested divorce, and you must file on valid legal grounds like cruelty or desertion. A family lawyer can help you file the petition in family court.

 

I hope this answer helps, in case of further queries, please don’t hesitate to contact us.

 

Sample Divorce Petition (Contested) under Section 13, Hindu Marriage Act, 1955 IN THE HONOURABLE FAMILY COURT AT [Your City] H.M.O.P No.____ of 2025 IN THE MATTER OF: [Your Full Name] S/o or D/o [Father's/Mother's Name] Residing at: [Full Address] … Petitioner VERSUS [Spouse’s Full Name] S/o or D/o [Father's/Mother's Name] Residing at: [Full Address] … Respondent PETITION UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE MOST RESPECTFULLY SHOWETH: That the marriage between the Petitioner and the Respondent was solemnized on [Date] at [Place], as per Hindu rites and customs. The parties cohabited as husband and wife at [Address]. That after the marriage, the parties resided together at [Place of Last Living Together] until [Date]. That no child/children was/were born out of the said wedlock. (Or, mention the names and ages of children if any.) That the Respondent has treated the Petitioner with cruelty. [Mention specific grounds: mental cruelty, physical cruelty, desertion, refusal to consummate the marriage, etc. with brief facts.] That despite several efforts by the Petitioner and family members, the Respondent’s conduct did not improve, and the marriage has irretrievably broken down. That the Petitioner and Respondent have been living separately since [Date], and there is no possibility of reconciliation. That the cause of action for the present petition arose on [Date] when the Respondent [mention the final incident or date of separation]. That the marriage was solemnized within the jurisdiction of this Hon’ble Court, and the parties last resided together at [Place], which is within the territorial jurisdiction of this Court. That there is no collusion between the parties in filing this petition. That the petition is filed within the limitation period and is not barred by any law. PRAYER In view of the above, the Petitioner respectfully prays that this Hon’ble Court may be pleased to: a) Pass a decree of divorce in favour of the Petitioner by dissolving the marriage solemnized on [Date] between the Petitioner and the Respondent under Section 13 of the Hindu Marriage Act, 1955; b) Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice. Place: Date: Petitioner (Signature) [Advocate Name] Counsel for the Petitioner 📌 Required Attachments (as per court practice): Marriage certificate or photographs Proof of residence ID proof of both parties List of incidents/medical records (if claiming cruelty) Any police complaint or evidence if applicable

1. Decide the Type of Divorce

There are two types of divorce under Hindu Marriage Act, 1955:

a. Mutual Consent Divorce

If both husband and wife agree to separate, this is the easiest and fastest option.

• Both parties file a joint petition.
• You have to wait for a 6-month cooling-off period (can be waived in some cases).
• Court grants divorce in 6-18 months.

b. Contested Divorce

If one partner doesn’t agree, the other has to file a contested case on specific legal grounds:

• Cruelty (mental or physical)
• Desertion (absence without reason for 2+ years)
• Adultery
• Conversion to another religion
• Mental disorder, etc.

This takes longer – 2 to 5 years depending on complexity.

 

🧑‍⚖️ 2. Hire a Good Advocate

Consult a family court lawyer. They will help:

• Draft the divorce petition
• Guide you through court procedures
• Represent your case in hearings

 

🏛️ 3. File the Petition in Family Court

You must file the divorce petition in the Family Court of:

• Where you last lived together as husband and wife, or
• Where either party currently resides

 

📅 4. Court Process

For Mutual Divorce:

• File joint petition
• Record statements
• Wait 6 months
• Final motion hearing and decree

For Contested Divorce:

• Petitioner files case
• Respondent gets notice
• Evidence, witnesses, cross-examination
• Court decision

 

👶 What About Children and Property?

• Child custody: Decided by court in the child’s best interest
• Maintenance / alimony: Either party may be ordered to pay
• Property division: Usually mutual, or as per court orders

 

✅ Documents Required:

• Marriage certificate
• Address & ID proof
• Photographs
• Proof of separation or cruelty (if any)
• Child birth certificates (if applicable)

 

Are you Hindu or a muslim? was marriage registered or not? Various factors govern divorce. Merely because marriage was arranged does not cause a valid ground or prescribe procedure for divorce. Marriage prevail among Hindus and non muslim only.