Hey, there are different types of divorce available under Indian law. It mostly depends on the law you have been married under.
Will share details on process as per Hindu law, since that is obviously the most common
There are two broad types of divorce –
when you and your spouse jointly agree that their marriage needs to be dissolved (divorce by mutual consent), and
when either you or your spouse approach the court for dissolving the marriage due to the other’s faults.
There is another type of divorce known as ‘irretrievable breakdown of marriage’ – when you or your spouse want a divorce because your marriage has broken down irretrievably and not because of someone’s fault. Even though the Supreme Court has on occasion recognized this and granted a divorce, this has not yet been incorporated as a proper ground for divorce in the various laws governing divorce.
You can apply for divorce by mutual consent -
1. If you and your spouse have been living separately for more than a year, you can make an application in court with your spouse. A legal divorce can only be granted by a Court - police stations or marriage bureaus cannot legally issue documents to dissolve a marriage.
2. You need to make a clear declaration that all possible efforts at reconciliation have failed and there is no chance that you will be able to resume living together. You need not be physically separated – you could be living in the same house and not be having a conjugal (sexual) relationship.
3. After being satisfied that both the parties indeed want divorce, the court has a duty to decide your petition in 6-18 months. During this time period, the court will try to mediate and ensure that both parties have mutually decided to end the marriage.
You can file a divorce petition at:
(a) place where the marriage took place;
(b) place where you or your spouse last lived together;
(c) place where you are living; or
(d) place where your spouse is living.
There are ‘family courts’ which have been set up in different parts of the country under a special law. If there is a family court in your district, you should approach this court. If there is no family court, you should approach the district court.
If your wife does'nt agree for mutual divorce then you can certainly go for contested divorce petition.
ADVOCATE ON RECORD
SUPREME COURT OF INDIA