When a marriage breaks down, one of the first questions is which legal route to take. In Delhi, as across India, a divorce is either by mutual consent or contested. The right choice depends mainly on whether both spouses agree to end the marriage and on the terms.
Mutual Consent Divorce
For Hindu marriages, mutual consent divorce is filed under Section 13B of the Hindu Marriage Act, 1955. The usual requirements are:
- The spouses have been living separately for at least one year.
- Both agree that the marriage should be dissolved.
- They have settled issues such as alimony, maintenance, child custody and return of belongings.
The couple files a joint petition (first motion) and, after a cooling-off period of six months, a second motion. In suitable cases the Family Court can waive the six-month period. Because both sides agree, this route is usually faster, less expensive and less stressful.
Contested Divorce
When one spouse does not agree, the other can file a contested divorce petition on grounds recognised by law. Under Section 13 of the Hindu Marriage Act, these include cruelty, desertion for a continuous period of at least two years, adultery, conversion to another religion, and certain forms of mental disorder.
A contested divorce is a full trial: pleadings, evidence, cross-examination and arguments. It generally takes longer, and related issues such as maintenance, custody and domestic violence complaints are often heard alongside it.
Which Route Fits Your Case?
- Both spouses agree and can settle terms: mutual consent is usually the better option.
- One spouse refuses, or there are serious allegations: a contested petition may be necessary.
- A contested case is already pending: parties can still settle and convert it into a mutual consent divorce, often through mediation.
Every marriage and every set of facts is different. If you are considering divorce, speak to an advocate about your situation. See our divorce lawyer in Delhi page for how we can help.
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