Divorce Under Hindu Marriage Act – Legal Help from Expert Lawyer in Delhi

Divorce under the Hindu Marriage Act is one of the most common legal procedures for ending a marriage in India — but it can be confusing, emotionally stressful, and full of legal complexities. Whether you’re a husband or a wife, understanding your rights under HMA 1955 is critical before you take the next legal step.

If you’re a Hindu, Sikh, Jain, or Buddhist seeking divorce in Delhi, Advocate Rajkumar Solanki, an experienced family lawyer, can help you navigate the law with clarity, empathy, and legal precision. From explaining your grounds for divorce to representing you in court, he offers trusted support at every stage.

We provide a complete guide to filing divorce under the Hindu Marriage Act — including the process, legal grounds, documents, and how your rights are protected throughout.

What is the Hindu Marriage Act, 1955 and Who Does It Apply To?

The Hindu Marriage Act, 1955 (HMA) is a central piece of family law in India that governs the legal framework for marriage and divorce among individuals who identify as:

Hindus
Jains
Buddhists
Sikhs

It also applies to any person who is not a Muslim, Christian, Parsi, or Jew, unless proven otherwise. The Act outlines the conditions for a valid marriage, grounds for separation, legal rights of spouses, and procedures for both mutual consent divorce and contested divorce. It is applicable across India (except Jammu & Kashmir at the time of enactment, though that has changed post-Article 370) and even extends to Hindus residing abroad.

Types of Divorce Under Hindu Marriage Act – Mutual & Contested Explained

The Hindu Marriage Act, 1955 offers two main ways for couples to end their marriage:

1. Mutual Consent Divorce (Section 13B)

This divorce is for couples who agree to end their marriage amicably. It’s faster, less stressful, and cheaper than a contested divorce.

Key Features:

Both parties must agree on separation
Minimum separation period of 1 year required
Agreement on matters like alimony, child custody, and property division
Court usually grants decree within 6 to 18 months

✅ Ideal for couples who no longer wish to live together but can resolve issues peacefully.

2. Contested Divorce (Section 13)

When one spouse wants a divorce but the other does not consent, or disputes arise, a contested divorce is filed. This involves legal arguments, evidence, and often a full trial.

Common Grounds Include:

Cruelty (mental or physical)
Adultery
Desertion for 2+ years
Mental illness
Conversion to another religion
Renunciation of the world
Spouse presumed dead for 7+ years

👉 Read our in-depth guide to Contested Divorce

Legal Guidance Makes the Difference

Even mutual divorce needs proper drafting and representation to avoid legal issues. For contested divorce, a strong legal strategy is key to protect your rights.

With years of experience, Advocate Rajkumar Solanki helps clients through both processes. Whether it’s a peaceful settlement or a court battle.

Grounds for Divorce Under Hindu Marriage Act (Section 13)

Section 13 of the Hindu Marriage Act, 1955, lets either spouse file for divorce. This is if they can prove one or more of the following reasons. These reasons show when a marriage can’t be fixed anymore.

Here are the main reasons for divorce under Hindu law:

1. Cruelty

Physical or mental cruelty is a common reason. It includes emotional abuse, insults, and threats. Any behavior that causes suffering counts.

2. Adultery

Having sex with someone else is adultery. It’s a valid reason for divorce. You need proof for this in court.

3. Desertion

Desertion happens if one spouse leaves the other for over 2 years without a good reason. This is a valid reason for divorce.

4. Mental Disorder

You can file for divorce if a spouse has a serious mental illness. It must be incurable and make living together unreasonable.

5. Conversion to Another Religion

If someone converts to another religion, like Christianity or Islam, the other can divorce. This is because they’ve left Hinduism.

6. Incurable Disease

A serious disease, like leprosy, is a valid reason for divorce. It must be recognized by law.

7. Renunciation of the World

If someone chooses to leave worldly life and become a sanyasi, the marriage can end. This is because they’ve chosen a life of renunciation.

8. Presumption of Death

If someone has been missing for seven or more years, you can divorce them. This is because they’re presumed dead.

Step-by-Step Divorce Process Under Hindu Marriage Act

Filing for divorce under the Hindu Marriage Act involves several structured steps in the family court. Whether it’s mutual consent or contested divorce, following the proper legal procedure is essential for a smooth process.

1. Legal Consultation and Case Review

The first step is speaking with an experienced divorce lawyer to understand if your case qualifies under the Hindu Marriage Act, and to identify the appropriate grounds.

2. Filing the Divorce Petition

The petition is drafted and filed in the family court with jurisdiction over the marriage location or where the couple last lived together.

For mutual consent: Both spouses sign the joint petition

For contested: One spouse files against the other with clear legal grounds

3. Court Review and Notice

The court reviews the petition and issues a notice to the opposite party to appear and respond.

4. Response and Mediation

In mutual divorce, a six-month waiting period is mandatory (which may be waived under special circumstances). In contested cases, the other spouse files a written reply. Courts may suggest mediation to resolve differences.

5. Evidence and Witnesses (Contested Divorce)

In contested divorces, both parties present evidence and witness testimonies supporting their claims. This may include documents, photos, recordings, financial records, or police reports.

6. Final Hearing and Judgment

After hearing both sides, the judge issues a final decree of divorce, which may also cover maintenance, alimony, custody, and division of property.

7. Appeal Period

The losing party may file an appeal within 90 days of the decree if they disagree with the judgment.

Documents Required for Divorce Under Hindu Marriage Act

Submitting accurate and complete documents to the family court is essential. Incomplete paperwork can delay your case.

Here’s a list of documents typically required when filing for divorce under the Hindu Marriage Act:

Marriage certificate (registered or traditional proof)
Residential proof of both parties (Aadhaar, voter ID, etc.)
Passport-size photographs of both parties
Marriage photos (optional but supportive)
Proof of separation (if available)
Evidence for the legal ground claimed (e.g. police report, medical records, written statements)
Income tax returns, salary slips, or bank statements (for alimony/maintenance)
Child-related documents (birth certificate, school ID – if applicable)
Details of stridhan or dowry items (if part of the claim)

Having an advocate handle document preparation reduces the risk of technical errors or missing legal formalities.

Women's Legal Rights in Divorce Under Hindu Law

The Hindu Marriage Act provides strong legal safeguards for women, ensuring their financial and emotional security during and after divorce.

Here are the key legal rights a Hindu wife is entitled to during divorce proceedings:

1. Right to Maintenance

A wife can claim monthly or lump sum maintenance from her husband depending on his income and her own financial status. The court considers living standards, children’s expenses, and age when deciding the amount.

2. Right to Alimony

Post-divorce, the wife may be granted permanent alimony as financial support. This may be negotiated as a one-time settlement or long-term payments.

3. Right to Child Custody

Courts prioritize the welfare of the child while deciding custody. In many cases, the mother is granted primary custody with the father having visitation rights.

4. Right to Residence

Even during proceedings, a woman has the legal right to live in the shared matrimonial home, or to be provided alternative accommodation.

5. Right to Stridhan

Stridhan refers to a woman’s personal belongings and assets (jewellery, gifts, cash, etc.) given during marriage. She has a legal right to claim and recover this property.

Common Challenges in Hindu Divorce Cases – And How We Resolve Them

Divorce under the Hindu Marriage Act might seem simple, but it’s often full of surprises. Advocate Rajkumar Solanki tackles these challenges with clear, strategic legal advice.

Spouse Refusing to Cooperate

Some spouses ignore court summons or refuse to show up. We take action without them if the law allows, so your case doesn’t get stuck.

False Allegations and Counter-Cases

It’s sad but true that some people file false FIRs for things like domestic violence or dowry. Our team gathers evidence, files counter-claims, and defends your reputation in court.

Property and Financial Disputes

Disagreements over shared property or bank accounts can drag out the divorce. We help document who owns what, track financial records, and fight for a fair split.

Child Custody Conflicts

Child custody is a sensitive issue. We aim to protect the child’s well-being and your rights as a parent. We present the strongest case to the court.

Emotional Exhaustion

Long, drawn-out cases can be draining. We offer full support — legal, strategic, and emotional — to guide you through it with confidence.

Frequently Asked Questions – Hindu Marriage Act Divorce

Who can file for divorce under the Hindu Marriage Act?

Any Hindu, Sikh, Jain, or Buddhist can file for divorce under HMA. This is if their marriage followed Hindu customs or was registered under HMA.

How long does divorce under HMA take?

A mutual consent divorce usually takes 6 to 18 months. A contested divorce can take 2 to 5 years, depending on the case’s complexity.

Is the 6-month waiting period mandatory?

The 6-month waiting period in mutual divorce can be skipped in special cases. This is if the court believes the marriage has broken down irretrievably.

Can a wife file for divorce based on cruelty?

Yes. Mental, emotional, or physical cruelty are valid reasons for divorce under Section 13 of HMA.

Do both parties need to live separately before filing?

Yes. For mutual consent divorce, a one-year separation is needed. For contested divorce, the time varies based on the grounds (like desertion needing 2 years).

Can maintenance be claimed during the divorce?

Yes. Interim maintenance can be asked for during the divorce process under Section 24 of the Act.