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Family Laws

My spouse won't agree. On what grounds can I get a divorce?

Simple answer

You can get a divorce without your spouse's consent if you prove a legal ground in the family court. Common grounds are cruelty (including mental cruelty), desertion for two years, adultery and conversion. The exact list depends on your personal law (Hindu, Muslim, Christian, Parsi) or the Special Marriage Act.

Real-life examples

Lakshmi's husband insults her daily, stops her from meeting her parents and takes away her salary. This may amount to mental cruelty. She files for divorce under the Hindu Marriage Act and keeps messages and witness names as proof.

Ayesha's husband has not paid anything for her upkeep for over two years. Under the Dissolution of Muslim Marriages Act, 1939, she can ask the family court to end the marriage on this ground.

Rohan wants a divorce because he and his wife argue about small things. Normal quarrels of married life usually do not count as cruelty, so the court may refuse unless he proves a real legal ground.

What should you do?

  1. 1Write down incidents with dates. Keep messages, emails, photos, medical papers and names of witnesses safely.
  2. 2Talk to a family lawyer to choose the right law and ground for your case.
  3. 3File the petition in the family court where you married, where you last lived together, or where your spouse lives. A wife can also file where she now lives.
  4. 4Attend counselling or mediation if the court sends you. It checks whether the marriage can be saved or the terms settled.
  5. 5Ask for interim maintenance and child custody orders while the case is pending, if you need them.
  6. 6Can't afford a lawyer? Call NALSA at 15100 for free legal aid.

Exceptions & limits

  • Under the Hindu Marriage Act and the Special Marriage Act, you usually cannot file for divorce in the first year of marriage, unless the court allows it for exceptional hardship.
  • Instant triple talaq is void and a crime. A wife given such talaq is still legally married and can claim a subsistence allowance for herself and her children.
  • A marriage that has simply broken down is not a ground in the family court. Only the Supreme Court can end such a marriage using its special power (Shilpa Sailesh, 2023).

Official legal reference

  • Hindu Marriage Act, 1955 — Sections 13, 14

    Grounds for divorce for Hindus, Sikhs, Jains and Buddhists, extra grounds for wives, and the bar on filing in the first year.

    Read the official text

  • Special Marriage Act, 1954 — Sections 27, 29

    Grounds for divorce, and the first-year bar, for marriages under the Special Marriage Act.

    Read the official text

  • Dissolution of Muslim Marriages Act, 1939 — Section 2

    Grounds on which a Muslim wife can ask the court to end her marriage, such as cruelty or no maintenance for two years.

  • Divorce Act, 1869 — Section 10

    Grounds for divorce for Christians, such as adultery, cruelty and desertion for two years.

  • Muslim Women (Protection of Rights on Marriage) Act, 2019 — Sections 3, 4, 5

    Instant triple talaq is void; punishable with up to 3 years in jail and fine; the wife can claim a subsistence allowance.

Where to get help

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100nalsa.gov.in

Source & status

Applies to
Varies by state
In Uttarakhand, the state's Uniform Civil Code (in force since 27 January 2025) sets the divorce grounds for most residents, and Goa has its own family law.
Law in force since
18 May 1955
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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