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Is Hindu Marriage Act Permitting To File Divorce?

  • Writer: lead India
    lead India
  • Jun 27, 2023
  • 3 min read

The Hindu Marriage Act is legislation enacted in India in 1955 that governs Hindu marriages and related matters. It provides provisions for divorce, among other aspects. Under the Act, both contested and mutual consent divorces can be sought by Hindu individuals. It outlines various grounds for divorce, such as cruelty, adultery, desertion, conversion, mental disorders, and more.


The Act also lays down the procedures and legal requirements for obtaining a divorce, including the jurisdiction of family courts, filing of petitions, counseling, maintenance, child custody, and property division. The Act aims to address the legal aspects of marital dissolution within the Hindu community and provide a framework for resolving issues arising from divorce.


Mutual Consent Divorce: Hindu Marriage Act

Mutual Consent Divorce under the Hindu Marriage Act is a provision that allows married couples to seek a divorce by jointly agreeing to end their marriage. The key features of a mutual consent divorce include:

  • Agreement: Both spouses must mutually agree to dissolve their marriage and file a joint petition for divorce.

  • Separation Period: The law requires a mandatory separation period of one year before filing for mutual consent divorce. During this period, the couple should have lived separately and not cohabited as husband and wife.

  • Petition: The couple needs to jointly file a petition before the appropriate family court, stating their desire for divorce by mutual consent.

  • Cooling-off Period: After the petition is filed, a waiting period of six months is provided. This period serves as a reflection period for the couple to reconsider their decision and explore the possibility of reconciliation.

  • Consent Affidavits: Both spouses must submit affidavits affirming their consent for divorce and their willingness to end the marriage. These affidavits are filed along with the joint petition.

  • Joint Appearance: The couple is required to appear before the court after the cooling-off period to reconfirm their consent for divorce.

  • Decree of Divorce: If the court is satisfied that the consent is genuine and the marriage cannot be saved, a decree of divorce is granted, officially terminating the marriage.

Contested Divorce: Hindu Marriage Act

Contested divorce under the Hindu Marriage Act refers to a situation where one spouse files a petition seeking a divorce, but the other spouse does not give their consent or contests the grounds for divorce. The key aspects of a contested divorce include:

  • Petition: One spouse (the petitioner) initiates the divorce process by filing a petition before the appropriate family court, stating the grounds on which they seek a divorce.

  • Respondent's Response: The other spouse (the respondent) receives a copy of the petition and has the opportunity to respond within a specified time, typically 30 days, presenting their objections or counterclaims.

  • Evidence and Arguments: Both parties have the right to present evidence, such as witnesses, documents, and testimonies, to support their case. They can also present legal arguments before the court.

  • Legal Proceedings: The court conducts hearings to assess the validity of the grounds for divorce, evaluate evidence, and hear arguments from both parties and their respective legal representatives.

  • Decision: After considering all the relevant factors and evidence, the court makes a decision on whether to grant or deny the divorce. The court may also address ancillary matters, such as child custody, alimony, and property division.

  • Appeal: If either party is dissatisfied with the court's decision, they may have the right to appeal to a higher court within a specified period, seeking a review or modification of the decision.

Role of Lawyers

Lawyers provide legal advice, assist in document preparation, represent clients in court, negotiate settlements, ensure procedural compliance, handle ancillary matters like child custody and property division, advocate for clients' rights, and handle appeals if necessary during the divorce process under the Hindu Marriage Act.


You will need the help of lawyers to get your divorce granted under the procedures of the Hindu Marriage Act. If you need the help of a lawyer for your divorce to get granted with compliance to the procedure of the Hindu Marriage Act in Gurgaon, then a Divorce lawyer in Gurgaon can be hired.


If you need the help of a lawyer for your divorce to get granted with compliance to the procedure of the Hindu Marriage Act in Pune, then a Divorce lawyer in Pune can be hired. Similarly, a Divorce lawyer in Delhi can be employed if you need the help of a lawyer for your divorce to be granted in compliance with the procedure of the Hindu Marriage Act in Delhi.


At Lead India, one can consult and talk to lawyers for any kind of legal consultation. They can get free legal advice online as well as ask a legal question online for free to lawyers from Lead India.


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