Family law

Introduction

Divorce in India comes under the purview of personal laws and the rules for divorce are different for different religious faiths and Hindus, Christians, and Muslims are governed under separate marriage acts and grounds for divorce in India. We as experienced divorce lawyers in Pune, provide detailed information about divorce process.

The the Hindu Marriage Act, 1955 states the following 10 reasons are Grounds for divorce

Cruelty – which includes any kind of mental and physical cruelty and emotional violence. These grounds are also covered in detail under the protection of women from Domestic Violence Act. Certain instances like verbal abuse, no communication,, continuous ill-treatment or negligence , demand for dowry, perverse sexual acts etc are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – In case either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. Sexually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed adultery.

Advisory

We advise our foreign and domestic clients on all aspects of matrimonial and family laws applicable in India such as marriage, pre-nuptial agreements, divorce, maintenance, domestic violence and child custody

Litigation

Litigation support for cases of -

  • Divorce
  • Divorce by consent and mutual agreements
  • Domestic Violence
  • Maintenance
  • Child Custody
  • Sexual harassment
  • Restitution of conjugal rights
  • Guardianship

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Frequently Asked Questions

In India, divorce mainly takes two forms: divorce by mutual consent, where both spouses agree that the marriage has broken down and jointly seek divorce after the required period of separation, and contested divorce, where one spouse seeks divorce without the other’s consent by proving legally recognised grounds such as cruelty, adultery, desertion, mental illness, conversion, or presumption of death under the applicable personal law. The specific grounds and procedure vary across Hindu, Muslim, Christian, Parsi, and civil marriages, but broadly Indian divorce law balances consent-based separation with fault-based remedies through court adjudication.

Family lawyers in Pune help in domestic violence cases by translating immediate harm into enforceable legal protection. They assist survivors in filing applications under the Protection of Women from Domestic Violence Act, 2005 for protection orders, residence orders, monetary relief, medical expenses, custody, and compensation, draft complaints, and coordinate with protection officers and police where urgency is involved. They represent clients before the Family Court Pune and Magistrate courts, seek interim reliefs on priority, handle evidence sensitively, and defend against false or retaliatory allegations when required.

In India, the time taken for divorce depends on the type of divorce. A mutual consent divorce usually takes 6 months to 1 year—the law prescribes a cooling-off period (which courts may waive in appropriate cases), making it the fastest route. A contested divorce, where one spouse proves legal grounds, can take 2 to 5 years or more, depending on complexity, evidence, court workload, and interim disputes over maintenance or custody.

While granting spousal maintenance, Indian courts focus on fairness, need, and capacity, not punishment. Key factors include the income and earning capacity of both spouses, their standard of living during marriage, age and health, duration of marriage, reasonable needs of the claimant, and whether the spouse seeking maintenance is unable to maintain themselves. Courts also consider conduct of parties (without turning maintenance into a moral trial), existing responsibilities like children or dependent parents, and any interim or permanent settlements already made. The guiding principle is simple: maintenance should prevent hardship and ensure dignity, not create unjust enrichment or financial strangulation.

In India, child custody is decided primarily on the “best interests and welfare of the child”, not on the rights or faults of the parents. Courts consider factors such as the child’s age, emotional and physical needs, education, stability, and overall well-being, along with the financial capacity, mental health, conduct, and caregiving ability of each parent. For very young children, custody is often given to the mother, unless circumstances suggest otherwise, while older children’s preferences may also be considered if they are mature enough. Courts may grant sole custody, joint custody, or visitation rights, always aiming to ensure that the child grows up in a safe, supportive, and emotionally healthy environment.