How to get divorce without mutual consent

When a married couple feel that their marriage is not working and it’s time to get separated, there need to be an understanding that both should depart with good memories rather than getting into unnecessary filing complaints against each other in the various courts of law and ending up spoiling golden years of their youth in the legal hassles.

But, in Indian society, this did not happen without getting through the social stigma of being separated through filing for a mutual divorce case. Generally, it is not acceptable to either of the partners (Husband or Wife) to proceed for Divorce proceedings so easily.

Normally, it lands up going through multiple litigations from both Husband & Wife.

So, what are the options available to any person who wants to proceed with Divorce legal proceedings and had made up the mind to discontinue the marriage?

An understanding with regard to getting separated need to be firmly clear in the mind with the options regarding the maintenance amount, child custody, property division etc. For this, legal assistance can be sought from a lawyer/ Advocate. Once a person has evaluated all the available possibilities & options, can file a petition for divorce in the District Family Court. The petition for divorce shall be drafted based on the terms and conditions discussed elaborately with the legal practitioner/ Lawyer.

As per the Hindu Marriage Act, Divorce petition can be filed by either Husband or Wife on the following grounds;

  • Adultery
  • Cruelty
  • Disability
  • Desertion
  • Imprisonment

The jurisdiction to file the petition for mutual consent divorce can be any of the following places:-


  1. Where the marriage had taken place
  2. Where Husband and Wife last resided together
  3. Where either wife or husband is residing at the time of filing the petition
    Once the petition is filed in the District Family Court, the court shall then record the statement of Husband/ Wife, whoever has filed the divorce petition and summon the other partner for a date fixed by the court. Normally, it takes around 2 to 3 years for a District Family Court to complete the process and pass a decree of Divorce.

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