If the marriage has broken down and continuing the matrimonial relationship has become difficult or untenable, you may have legal remedies available under the applicable matrimonial law.
Depending upon your personal circumstances, the marriage may be dissolved through mutual consent or through a contested divorce proceeding on legally recognised grounds. The applicable law may differ depending upon the parties' religion and the manner in which the marriage was solemnised.
At Tabish Sarosh & Associates, we assist clients in assessing their circumstances, identifying the appropriate legal remedy, and taking the matter forward before the appropriate court.
Our assistance may include:
- Assessing whether the circumstances constitute a legally recognised ground for divorce;
- Advising on mutual consent and contested divorce proceedings;
- Drafting and filing the appropriate petition;
- Advising on issues relating to maintenance, child custody, residence and other connected reliefs;
- Representing clients during hearings and proceedings;
- Advising on settlement and mediation where appropriate; and
- Assisting with appeals or other consequential proceedings, where required.
If you are considering divorce, the first step is to understand your legal position before taking any irreversible decision. A consultation with our matrimonial law team can help you determine the appropriate course of action based on the facts of your case.
Divorce in India is governed by personal religious laws — with the Hindu Marriage Act, 1955 (HMA) being the primary statute for Hindus, Sikhs, Jains and Buddhists, and the Special Marriage Act, 1954 (SMA) governing civil and inter-religion marriages. Muslim, Christian and Parsi divorces follow their respective personal laws.
Grounds for Divorce
Under the Hindu Marriage Act, 1955, either spouse may petition for divorce on the following grounds under Section 13:
Cruelty
The most commonly pleaded ground. Includes physical violence, mental cruelty, persistent harassment, false allegations, or making matrimonial life unbearable.
Adultery
Voluntary sexual intercourse with a person other than the spouse. Must be proved by circumstantial evidence — courts assess access, opportunity, and conduct.
Desertion
Continuous abandonment of the matrimonial home without reasonable cause for at least 2 years immediately before filing. Desertion must be willful.
Unsoundness of Mind
Unsound mind, severe mental disorder, or uncontrollable violent insanity of such a degree that the petitioner cannot reasonably be expected to cohabit.
Conversion
Either spouse ceasing to be Hindu by converting to another religion gives the other spouse the right to petition for divorce. No waiting period is required.
Mutual Consent
Both spouses jointly petition for divorce under Section 13B HMA. Requires 1 year of separation. Courts can waive the 6-month cooling-off period in genuine cases.