Family and matrimonial
Divorce petition format under the Hindu Marriage Act
Drafting a contested divorce petition in India: the grounds under Section 13 of the Hindu Marriage Act, 1955, jurisdiction of the family court, pleading cruelty or desertion, and the documents to file.
A contested divorce petition is filed before the Family Court by a spouse seeking dissolution of marriage on one or more of the grounds in Section 13 of the Hindu Marriage Act, 1955: cruelty, desertion for two years or more, adultery, conversion, unsoundness of mind, or the other statutory grounds. The petition must plead the marriage and its solemnisation, jurisdiction under Section 19, the specific instances constituting the ground with dates and places, and the absence of collusion or condonation.
- Governed by
- Sections 13 and 19, Hindu Marriage Act, 1955
- Family Courts Act, 1984
- Special Marriage Act, 1954, or the personal law applicable to the parties
- Where it is filed
- The Family Court, or the District Court where no Family Court is established, within whose jurisdiction the marriage was solemnised, the parties last resided together, or the respondent resides, under Section 19 of the Hindu Marriage Act, 1955.
- Who files it
- Either spouse.
- Time limit
- No general limitation for divorce, but a petition cannot ordinarily be presented within one year of marriage except with leave under Section 14 of the Act on the ground of exceptional hardship.
- Languages PleadEasy drafts this in
- English, Hindi, Tamil, Malayalam
What a divorce petition must contain
The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.
1.Cause title
The Family Court, and the petitioner and respondent with age, occupation and address.
2.The marriage
Date, place and rites of solemnisation, with the marriage certificate or invitation and photographs annexed.
3.Cohabitation and children
Where the parties last resided together, the date of separation, and the particulars of children with their present custody.
4.Jurisdiction
The facts bringing the petition within Section 19 of the Act.
5.Grounds
The specific ground relied on, particularised with dated instances rather than general allegations, and the section under which it falls.
6.Statutory averments
That there is no collusion between the parties, that the acts complained of have not been condoned, and that there has been no unnecessary or improper delay.
7.Reliefs
Dissolution of the marriage, and any ancillary relief such as custody, maintenance or return of stridhan, each pleaded with its own facts.
8.Verification and affidavit
Verification and the supporting affidavit as required by the Family Court rules of the State.
Mistakes that get this document returned
- Pleading cruelty in general terms without dated, specific instances, which is the most common reason such petitions fail.
- Presenting a petition within one year of the marriage without an application for leave under Section 14.
- Not making the statutory averments on collusion, condonation and delay, which the court is required to consider.
- Filing in a court that has no jurisdiction under Section 19.
- Omitting children's custody and maintenance, forcing separate proceedings later.
Frequently asked questions
What are the grounds for divorce under Section 13 of the Hindu Marriage Act?
Adultery, cruelty, desertion for a continuous period of not less than two years, conversion to another religion, unsoundness of mind, virulent and incurable leprosy as originally enacted, venereal disease in a communicable form, renunciation of the world, and not being heard of as alive for seven years. A wife has additional grounds under Section 13(2).
Which court has jurisdiction over a divorce petition?
Under Section 19 of the Hindu Marriage Act, 1955, the court within whose jurisdiction the marriage was solemnised, the respondent resides, the parties last resided together, or, in specified cases, the petitioner resides.
Can a divorce petition be filed within one year of marriage?
Not ordinarily. Section 14 bars a petition within one year of marriage unless the court grants leave on the ground of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.
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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.