How Family Courts Handle Divorce Cases?

How Family Courts Handle Divorce Cases in India: A Detailed Guide

Divorce is a sensitive and legally significant event in a person’s life, governed by personal laws applicable to different communities in India, such as the Hindu Marriage Act, 1955; the Special Marriage Act, 1954; the Indian Divorce Act, 1869 (for Christians); and the Parsi Marriage and Divorce Act, 1936. All such matrimonial disputes, including divorce cases, are adjudicated by Family Courts established under the Family Courts Act, 1984.

This article explains how family courts handle divorce cases in India, covering every important stage — from filing a petition to passing a final decree — along with relevant provisions, procedures, and practical insights.

What is a Family Court?

Family Courts are specialized courts set up to deal exclusively with matters related to family and matrimonial disputes. Under Section 7 of the Family Courts Act, 1984, these courts exercise jurisdiction over:

Matrimonial disputes (including divorce, nullity, restitution of conjugal rights)
Maintenance
Child custody and guardianship
Property disputes between family members
Adoption matters

Family courts aim for speedy disposal of cases and encourage settlement through counseling and conciliation before proceeding with adversarial litigation.

How Divorce Cases Are Filed in Family Courts

The divorce process begins with one of the spouses filing a petition for divorce in the appropriate family court having jurisdiction.

Jurisdiction of Family Court in Divorce Cases:

As per Section 19 of the Hindu Marriage Act, 1955 (and similarly under other personal laws), a divorce petition can be filed in a family court:

Where the marriage was solemnized
Where the respondent resides
Where the couple last resided together
If the wife is the petitioner, at her current place of residence

Types of Divorce Petitions in Family Courts

Family courts entertain two broad types of divorce petitions:

Divorce by Mutual Consent

Under Section 13B of the Hindu Marriage Act, 1955
Both parties jointly file a petition, agree to divorce amicably
Requires mandatory six-month cooling-off period (which can be waived in certain cases as per Supreme Court’s judgment in Amardeep Singh v. Harveen Kaur (2017))
Requires two motions — one at the time of filing and second after six months

Contested Divorce

Filed by one spouse on specific legally recognized grounds like cruelty, desertion, adultery, mental disorder, conversion to another religion, etc.
Under Section 13 of the Hindu Marriage Act or relevant personal laws

Procedure Followed by Family Courts in Divorce Cases

Once a petition is filed in the family court, the following procedure is typically followed:

1️⃣ Filing of Divorce Petition

A formal divorce petition is drafted and filed along with necessary documents such as marriage certificate, address proofs, photographs, evidence of allegations (in contested divorce), or settlement terms (in mutual consent divorce).
Court fees as applicable are deposited.

2️⃣ Scrutiny and Registration of Case

The court examines the petition for procedural correctness.
If in order, it assigns a case number and fixes a date for first hearing.

3️⃣ Notice to the Respondent

In a contested divorce, the court issues a notice/summons to the opposite party to appear and file a reply/objection.
In mutual consent divorce, both parties appear together on the fixed date.

4️⃣ Attempt at Reconciliation

As per Section 9 of the Family Courts Act, courts must endeavor to make efforts for reconciliation.
The judge may personally counsel the parties or appoint a Marriage Counselor or Mediation Officer.
If reconciliation succeeds, the petition is disposed of accordingly.
If reconciliation fails, the case proceeds.

5️⃣ Filing of Written Statement (in Contested Divorce)

The respondent files a written statement or reply contesting or admitting the claims of the petitioner.
May raise counter-allegations or claims like maintenance, custody, etc.

6️⃣ Framing of Issues

The court identifies and frames the issues for trial based on pleadings — like whether cruelty occurred, whether adultery was committed, whether parties have been separated for the required period, etc.

7️⃣ Recording of Evidence

Both parties produce oral and documentary evidence.
Witnesses, if any, are examined and cross-examined.

8️⃣ Final Arguments

Both sides present oral arguments before the court summarizing their case.

9️⃣ Judgment and Decree

After considering the evidence and arguments, the family court passes a judgment.
If grounds are proved, a decree of divorce is granted.
In mutual consent divorce, decree is granted after both motions.

Counseling and Mediation in Family Courts

Family courts prioritize conciliation over litigation. Several cases are referred for mediation through court-annexed Mediation Centres before evidence is recorded.

If parties arrive at a settlement, a compromise petition is filed, and the case is disposed of accordingly.
If mediation fails, litigation resumes.

Appeal against Family Court’s Divorce Decree

As per Section 19 of the Family Courts Act, 1984:

An appeal lies to the High Court within 30 days from the date of judgment or decree.
The High Court can uphold, modify, or reverse the decision.

Execution of Divorce Decree

After a decree of divorce:

Parties are legally separated.
Orders relating to maintenance, alimony, child custody, and property division become enforceable.
Either party can remarry after the appeal period expires or after disposal of appeal, if preferred.

Important Documents Required for Divorce in Family Court

Marriage certificate (or proof of marriage)
Photographs of marriage
Address and identity proofs
Income proofs (in case of maintenance/alimony claims)
Evidence in support of grounds alleged
Settlement agreement (in mutual consent divorce)
Child’s birth certificate (if applicable)

Conclusion

To directly answer — Family Courts handle divorce cases by adopting a structured, legally prescribed, and reconciliation-oriented procedure. From the filing of a petition to the final judgment, family courts follow a definite sequence — ensuring attempts at reconciliation, fair trial of matrimonial disputes, and a platform for settlement through mediation. Every divorce case — whether mutual consent or contested — passes through various legal stages including evidence, counseling, and final argument before a decree is granted.

Frequently Asked Questions (FAQs)

Q. How long does it take to get a divorce through Family Court in India?
A contested divorce may take 2-5 years or more, depending on evidence, complexity, and backlog. A mutual consent divorce can be completed within 6-18 months.

Q. Is personal appearance mandatory in Family Court for divorce cases?
Yes, personal appearance is mandatory in both contested and mutual consent divorce cases at important stages like reconciliation, evidence recording, and final motion.

Q. Can one lawyer represent both parties in mutual consent divorce?
Technically yes, but it is advisable for both parties to have independent legal advice to avoid future disputes over consent.

Q. What happens if one party refuses to appear in mutual consent divorce?
If one spouse withdraws consent before the second motion, the mutual consent divorce petition becomes infructuous, and parties may proceed for contested divorce.

Q. Can Family Courts pass interim orders for maintenance or custody during divorce proceedings?
Yes, under Section 24 and 26 of the Hindu Marriage Act and similar provisions under other personal laws, courts can pass interim orders for maintenance, residence, or custody.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304