Key takeaway
When one spouse will not consent, the other must prove a ground for divorce recognised by law — such as cruelty or desertion for two years — before the family court. The case goes through pleadings, mediation, evidence and arguments, and can take years, especially with appeals. NRIs can file or defend through a lawyer, but must expect to give evidence, often by video conference where allowed. Many contested cases end in a settlement and conversion to mutual consent.
Grounds (Hindu Marriage Act, section 13)
- adultery after marriage;
- cruelty — physical or mental;
- desertion for a continuous period of at least two years before filing;
- conversion to another religion;
- incurable unsoundness of mind or mental disorder of a specified kind;
- certain venereal diseases in communicable form;
- renunciation of the world by entering a religious order;
- not heard of as alive for seven years;
- no resumption of cohabitation for one year after a decree of judicial separation, or of restitution after a decree for restitution of conjugal rights.
A wife has additional grounds under section 13(2). The Special Marriage Act and other personal laws have similar grounds.
Stages of the case
- Petition filed in the family court with jurisdiction. See which court for an NRI divorce.
- Notice to the other spouse, including service abroad.
- Written statement by the respondent.
- Mediation and conciliation — courts refer most matrimonial cases.
- Interim applications — maintenance pending the case and litigation expenses (section 24), interim custody.
- Evidence — affidavits, documents, cross-examination.
- Arguments and decree.
- Appeal to the High Court within the period allowed (generally 90 days).
Evidence
Cruelty and desertion are proved through testimony, messages and emails, medical records, police complaints and witnesses. Electronic records must meet the certificate requirement under the Bharatiya Sakshya Adhiniyam, 2023.
Participating from abroad
- Appoint a lawyer by vakalatnama; verify pleadings by affidavit signed abroad.
- Ask the court to record your evidence by video conference; some courts insist on personal appearance for certain stages.
- Interim maintenance orders apply even while you are abroad; non-payment has consequences.
See attending an Indian court hearing from abroad.
Timeline
Contested divorces commonly take two years or more at the trial stage, longer with appeals. Settlement during mediation, followed by a mutual consent decree, can shorten this considerably. See waiving the cooling-off period.
Frequently asked questions
Is irretrievable breakdown a ground?
Not under the Hindu Marriage Act. The Supreme Court can dissolve a marriage on that basis under Article 142 in exceptional cases.
Can I file in India if my spouse lives abroad?
Yes, if an Indian court has jurisdiction, for example where you married or where the wife resides if she is the petitioner.
Considering a contested divorce?
Ask a lawyer about grounds, forum and evidence.
Related guides
- All NRI legal guides
- NRI divorce and family law in India: the complete guide
- Maintenance claims across borders
- NRI divorce lawyer (service)
References
- Hindu Marriage Act, 1955, sections 13, 19, 24 and 28 — India Code
- Special Marriage Act, 1954, section 27; Family Courts Act, 1984
- Bharatiya Sakshya Adhiniyam, 2023
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
