Divorce is a legal and an emotional decision. Understanding the options first helps you choose calmly.
Which law applies?
- Hindus, Buddhists, Jains and Sikhs: Hindu Marriage Act, 1955
- Marriages registered under the Special Marriage Act, 1954: that Act
- Christians: Indian Divorce Act, 1869
- Muslims and Parsis: their own personal laws and special statutes
The petition is filed before the Family Court having jurisdiction, for example the Family Court in Bengaluru.
Option 1: Mutual consent divorce
Both spouses jointly say the marriage has broken down and settle the terms.
Benefits: quicker, private, less costly, less bitterness.
Limits: needs real agreement on maintenance, children and property, and both must stay willing until the end.
Basic conditions under the Hindu Marriage Act (section 13B):
- Living separately for at least one year
- Both agree that they cannot live together
- Terms are settled for alimony, child custody and assets
Read the full steps in our guide to mutual consent divorce.
Option 2: Contested divorce
One spouse files and must prove a legal ground such as:
- Cruelty (physical or mental)
- Desertion for two years or more
- Adultery
- Conversion to another religion
- Unsound mind or serious mental disorder
- Serious communicable disease
- Renouncing the world
- Not heard of as alive for seven years
Benefits: the only route if the other spouse refuses.
Limits: takes longer, needs evidence, can be stressful, and usually involves several hearings and sometimes appeals.
Can the court end a marriage without any fault ground?
In 2023 the Supreme Court held that it can, in rare cases, dissolve a marriage that has completely broken down beyond repair, using its special powers under Article 142 of the Constitution. This is only done by the Supreme Court and not as a matter of routine.
Money, children and property
- Maintenance and alimony: Courts consider income, needs, standard of living, duration of marriage and responsibilities. Both sides are asked to file affidavits of their assets and income.
- Child custody: The child’s welfare is the main test. Courts often prefer shared parenting arrangements, subject to the child’s safety and comfort.
- Streedhan and gifts: The wife’s own property stays hers.
Mutual or contested: how to choose
| Mutual consent | Contested | |
|---|---|---|
| — | — | — |
| Speed | Months | Often years |
| Cost | Lower | Higher |
| Needs other spouse’s cooperation | Yes | No |
| Must prove a ground | No | Yes |
Practical tips before you file
- Collect marriage certificate, ID proofs, address proofs, photos and income documents.
- Keep a timeline of important events and save relevant messages and emails.
- Try mediation or counselling. Courts often refer couples to mediation first.
- Do not leave home with children without legal advice, and do not delete evidence.
Frequently asked questions
How long does a divorce take?
Mutual consent divorce can be completed in a few months once everything is settled. Contested divorces commonly take much longer, depending on the court and the case.
Can I file for divorce in the first year of marriage?
Generally no, unless the court grants permission for exceptional hardship or depravity.
Who gets the child?
The court decides on what is best for the child. Neither parent has an automatic right.
Is maintenance only for wives?
No. The law allows either spouse to seek maintenance in appropriate cases, though in practice claims are mostly by wives.
Tell us briefly what has happened and we will guide you on the next step. Hemanth & Associates, Malleshwaram, Bengaluru.
Book a consultation on WhatsApp Call +91 98440 85056Related reading
Last reviewed: October 2026. This article is for general information only. It is not legal advice and does not create an advocate-client relationship. Laws, fees and procedures change, and every case depends on its own facts, so please consult a qualified advocate before acting. In line with Bar Council of India rules, this page is not an advertisement or solicitation.
Pingback: Mutual Consent Divorce in Bengaluru | Hemanth & Associates