General information only. This page provides background on divorce law and procedure in Chandigarh. It is not legal advice. Outcomes depend on the specific facts, documents, court schedules, and current legal position in your case. Contact Tricity Law Firm to discuss your situation.
Tricity Law Firm represents clients in divorce and matrimonial matters before the District Courts in Chandigarh and the Punjab & Haryana High Court. Adv. Kamal Grover (Enrol. No. P/802/2002, B.A., LL.B — Punjab University) has practised in family and matrimonial law since 2002.
Who This Page Is For
This page is relevant if you are considering or facing:
- A mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955
- A contested divorce under Section 13
- A dispute involving maintenance or alimony (Section 24 HMA / Section 125 CrPC / Bharatiya Nagarik Suraksha Sanhita, 2023)
- A child custody or visitation dispute
- An NRI or inter-state matrimonial matter with a Chandigarh connection
If your marriage was solemnized under a different personal law (Muslim, Christian, Parsi, or Special Marriage Act), separate provisions apply. Contact the firm to understand which law governs your case.
Mutual Consent Divorce (Section 13B, Hindu Marriage Act)
Mutual consent divorce is available where both spouses agree to dissolve the marriage and have lived separately for at least one year.
General process:
- Both parties file a joint petition (First Motion) in the District Court having jurisdiction.
- A statutory waiting period applies after the First Motion. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 held that the six-month cooling-off period under Section 13B(2) is not mandatory and may be waived where the court is satisfied that the parties have genuinely settled all disputes and waiting would cause undue hardship.
- After the period (or upon waiver), both parties record their Second Motion statements and the court passes the decree of divorce.
Documents typically required (requirements vary by case):
- Identity proof for both parties (Aadhaar, passport)
- Marriage certificate or proof of marriage
- Address proof
- Evidence of one year's separation
- Signed settlement agreement covering alimony, custody, and property if applicable
Timing caveat: The duration of mutual consent divorce proceedings depends on court scheduling, whether a waiver application is filed, and how quickly all documentation is in order. Contact the firm for guidance on the timeline relevant to your facts.
Contested Divorce (Section 13, Hindu Marriage Act)
Where one party refuses to consent, a petition must be filed on one or more statutory grounds, including cruelty, desertion (minimum two continuous years), adultery, conversion, mental disorder, leprosy or venereal disease (as applicable under the current statute), or renunciation of the world.
Contested matters proceed through filing, service of summons, written statement, evidence, arguments, and final judgment. The duration and complexity depend heavily on the specific grounds, the evidence available, and the court's schedule. These matters often proceed in parallel with interim applications for maintenance and interim custody.
Alimony and Maintenance
- Interim maintenance can be sought during the pendency of proceedings under Section 24 of the Hindu Marriage Act.
- Permanent alimony is determined at the time of the final decree.
- Maintenance under Section 125 CrPC / BNSS is available to spouses, children, and parents separately before a Magistrate's Court.
The amount awarded depends on the income, assets, and needs of both parties, and is not predetermined. Both spouses may be entitled to seek maintenance in appropriate circumstances.
Child Custody
The paramount consideration in all custody matters is the welfare of the child. Courts in India may grant sole custody, joint custody, or defined visitation rights. Interim custody orders are commonly sought alongside the main petition.
Outcomes depend on the child's age, the facts and circumstances of the family, and the court's assessment of welfare. The firm assists with both interim and final custody applications.
Jurisdiction
Divorce petitions in Chandigarh are typically filed before the Additional District Judge (Family Court Division), Chandigarh. The appropriate court depends on where the marriage was solemnized, where the parties last resided together, or where either party currently resides. High Court jurisdiction may be relevant for appeal or transfer petitions.
Advocate Details
Reviewed by: Adv. Kamal Grover
Enrolment: P/802/2002 — Bar Council of Punjab
Education: B.A., LL.B — Punjab University, Chandigarh
Court: Punjab & Haryana High Court, Chandigarh
Last reviewed: August 2026
Frequently Asked Questions
What are the grounds for divorce in India?
The Hindu Marriage Act, 1955 provides grounds including cruelty, desertion, adultery, conversion, mental disorder, and others. For mutual consent divorce, no fault ground is required — both parties must agree. Contact the firm to discuss which grounds, if any, apply to your situation.
Can a husband claim maintenance in India?
Under Section 24 of the Hindu Marriage Act, a spouse (including the husband) who does not have sufficient independent income to support themselves may seek interim maintenance during the pendency of proceedings. Whether a claim is appropriate depends on the facts of the case.
What happens to jointly owned property in a divorce?
Property division depends on whose name property is registered, financial contributions, and applicable law. An interim injunction to prevent disposal of jointly-held property may be sought during pending proceedings. Contact the firm to discuss your specific property situation.
Is a lawyer required for mutual consent divorce?
While parties may appear in person, legal representation helps ensure that the petition, settlement agreement, and court appearances are handled correctly and that your rights and interests are protected throughout the process.
Contact Tricity Law Firm
Chamber No. 129, Opposite Multi-Level Car Parking, Punjab & Haryana High Court, Chandigarh — 160001
Phone / WhatsApp: +91-9814110005
Email: adv.kamal.grover@gmail.com
Office hours: Monday to Saturday, 10:00 AM – 6:00 PM
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Related guides: Mutual Consent Divorce in Chandigarh · Contested Divorce — Grounds and Procedure · Child Custody and Maintenance