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How to file for Divorce

If you and your spouse are not in good terms, and both of you have decided to end the marriage legally then you can file for a divorce under Hindu Marriage Act, 1955.

If you both agree mutually:

Section 13B of the Hindu Marriage Act, 1955 covers the provision of mutual consent divorce.

Requirements for filing mutual divorce petition:

  • living separately for a period of 1year or more, or else stating that they have not been able to live together and they have mutually agreed to end the marriage.


If you agree but the spouse is not ready:

Under the Hindu Marriage Act, 1955, you have nine grounds for divorce provided in Section 13 of the Act under which you can file divorce petition to .

a) If he / she has ceased to be a Hindu by conversion to another religion;

b) If he / she has not been heard of as being alive for a period of 7years or more.

c) If he / she has after the marriage had voluntary sexual relationship with any other person;

d) Deserted you for a continuous period of 2 years immediately preceding the petition;

e)  has been treating you cruelly;

f) suffering from incurably of unsound mind  from a mental disorder that you cannot be expected to live with such a person;

g) is suffering from a virulent and incurable form of leprosy, venereal disease in a communicable form;

h) Renounced the world by entering any religious order;


Time it takes to get a mutual divorce when both the parties agree:

After you and spouse have filed the divorce petition,  have to wait for 6 months to 18 months.