Where can you file a divorce for a Hindu marriage?

Last updated on Jun 1, 2022

Both you and your spouse can file a case to the Family Court. There are separate courts known as family courts which deal with divorce cases. You can approach a family court in the following areas:

Your Place of Marriage

Either you and your spouse can file for divorce in the Court of the area where your marriage ceremony took place, i.e, where your marriage was solemnized.

For example, if you and your spouse got married in Mumbai, then you can file a case at the Family Court in Mumbai.

Your Spouse’s Residence

You can file a case in the Court of the area where your spouse resides. For example, if you are filing a case against your wife who lives in New Delhi, then you can file a case in the Family Court in Delhi.

Your Last Place of Residence Together

Either you and your spouse can file for divorce in the Court of the area where you both last lived together. For example, if you and your spouse last lived together in Delhi, then either of you have the option of approaching the Family Court in New Delhi.

Your Place of Residence

Wife

If you are filing a divorce case against your husband, then you can go to the Court in the area where you are residing.

For example, if you are living in Bengaluru, you can file a case against your husband in the Family Court of Bengaluru even if your husband is not living there.

Both

If your spouse has gone abroad you can file it in your place of residence.

However, please consult your lawyer while filing the case in Court.

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Divorce by Mutual Consent under Hindu Marriage Law

If neither you nor your spouse want to continue the marriage, you have the option to apply for a divorce by mutual consent.

One Spouse wants a divorce under Hindu Marriage Law

Sometimes in a marriage you may want a divorce due to certain circumstances. You can file for divorce only after one year of marriage.

Conversion of religion from Hinduism

You can file for divorce if your spouse has undergone conversion to another religion and has ceased to be a Hindu.

Temporary Separation in Hindu Marriages

Apart from divorce, you and your spouse can even opt for a decree of judicial separation to better understand if you want a divorce.

Proof of Divorce under Hindu Marriage Law

The proof that your divorce has happened is the Court’s final order known as ‘decree of divorce’. This is in the form of an order.

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