Marital Issues in India – What You Need to Know

If you’re tangled up in a marriage problem, you probably feel stuck, confused, and worried about the next step. The good news is that Indian law offers clear paths for most issues, from quick mutual consent divorce to contested one‑sided cases. Below you’ll find the most common hurdles and the practical ways to handle them, all in plain language.

Fast‑Track Divorce Options

The fastest route is a mutual consent divorce. Both spouses agree on the split, submit a joint petition, and, after a mandatory 90‑day cooling‑off period, the court can grant the decree. In 2025 a few states allow a waiver of that 90‑day gap if both parties prove genuine hardship. You’ll still need to file the divorce petition, provide the marriage certificate, and sign a settlement of alimony, child support, and property division.

Instant divorce isn’t legal in India, but you can finish in as little as three months if you meet all the paperwork requirements and avoid disputes. The key is to keep communication clear, involve a lawyer early, and gather all documents—birth certificates of any children, property papers, and proof of income.

For contested or one‑sided divorces, the process takes longer. You’ll file a petition, serve the other spouse, and then the court will schedule hearings. If the other side doesn’t respond, the court may issue a decree after a default judgment. Expect the timeline to stretch to 9‑12 months, depending on the backlog in your district court.

Common Grounds and Rights

One of the most misunderstood grounds is a sexless marriage. Lack of intimacy can be cited as ‘cruelty’ under Section 13(1)(i) of the Hindu Marriage Act, giving you a legitimate reason to file for divorce. Courts look for proof—messages, medical records, or witness statements—that the spouse deliberately refused marital relations.

Another hot topic is the mandatory one‑year separation before filing a divorce. The law used to require a 12‑month separation period, but the Supreme Court has clarified that it only applies when the case is filed under ‘mutual consent’ and the parties truly live apart. If you can show that you’ve been living separately for a shorter period with irreconcilable differences, the court may still grant a decree.

When it comes to property, the Indian Marriage Act treats assets acquired during marriage as joint unless a prenup or specific court order says otherwise. This means you can claim half of the shared property, even if the title is in your spouse’s name. For rented homes, the tenant cannot claim ownership through adverse possession, but you can ask for a refund of the security deposit and any prepaid rent if the landlord breaches the agreement.

Lastly, mental stress caused by a hostile marriage can be compensated. You’ll need medical certification, proof of the stressful environment (like emails or police reports), and a well‑drafted claim outlining the impact on your health and work.

Every marital issue has a legal pathway. The most important step is to act early, collect evidence, and consult a family law attorney who knows the local court’s pace. With the right information, you can move from confusion to clarity and protect your rights while the legal process runs its course.