Divorce Lawyer in Ahmedabad

Two ways to get a divorce in India

Every divorce falls into one of two types. Which one applies depends on whether your spouse agrees.

Mutual consent divorce – both spouses agree to separate and settle alimony, custody and property between themselves. It is the fastest and least expensive route.
Contested divorce – one spouse files on legal grounds such as cruelty or desertion and the other opposes. The court decides after hearing evidence.

Which law applies to your divorce?

Hindu Marriage Act, 1955 – Hindus, Buddhists, Jains and Sikhs. Section 13 (contested) and Section 13B (mutual consent).
Special Marriage Act, 1954 – court marriages and inter-religion marriages. Sections 27 and 28.
Dissolution of Muslim Marriages Act, 1939 and Muslim personal law – talaq, khula and judicial divorce.
Divorce Act, 1869 – Christian marriages, including Section 10A for mutual consent.
Parsi Marriage and Divorce Act, 1936 – Parsi marriages.

In Ahmedabad, divorce petitions are filed before the Family Court, which has jurisdiction over divorce, maintenance, custody and related matrimonial disputes under the Family Courts Act, 1984.

Issues decided along with divorce

Alimony and maintenance – interim maintenance during the case (Section 24 HMA) and permanent alimony (Section 25 HMA); maintenance under Section 144 BNSS (earlier Section 125 CrPC). Following the Supreme Court’s guidelines in Rajnesh v. Neha (2020), both parties file affidavits of assets and liabilities.
Child custody and visitation – decided on the welfare of the child.
Stridhan and return of articles – jewellery, gifts and belongings of the wife.
Related criminal and DV cases – settlement or defence of cruelty, dowry and domestic violence cases filed alongside.

Documents needed to file for divorce

Marriage certificate or wedding invitation and photographs.
Address and ID proof of both spouses.
Details of income, salary slips and income tax returns.
Details of children, if any.
Evidence supporting the grounds (for contested divorce) – messages, emails, medical records, police complaints.
Settlement terms (for mutual consent).

How long does a divorce take in Ahmedabad?

A mutual consent divorce is often completed in a few weeks to six months, especially when the court waives the cooling-off period. A contested divorce typically takes longer – commonly two to five years – depending on evidence, the number of witnesses and whether the matter goes to appeal. Many contested cases are converted to mutual consent through negotiation or the court’s mediation centre, which we actively pursue where it serves our client.

NRI divorce

If you or your spouse lives abroad, a divorce in Ahmedabad can usually be handled through a Power of Attorney and video-conference appearance permitted by the court. We also advise on whether a foreign divorce decree is recognised in India under Section 13 of the Code of Civil Procedure.

Why choose Advocate Chandan R Rajput for your divorce

10+ years of practice before the Ahmedabad Family Court.
Represents both husbands and wives.
Focus on settlement where possible, firm litigation where necessary.
Complete confidentiality; consultations in person, by phone or video.

Frequently asked questions

How do I file for divorce in Ahmedabad?

A divorce petition is drafted on the applicable ground (or jointly for mutual consent), signed and verified, and filed before the Family Court at Ahmedabad along with the marriage proof and supporting documents. The court then issues notice or fixes the date for recording statements.

What are the grounds for divorce under the Hindu Marriage Act?

Section 13 lists grounds including cruelty, desertion for at least two years, adultery, conversion to another religion, incurable unsoundness of mind, a virulent and incurable form of leprosy, venereal disease in a communicable form, renunciation of the world, and not being heard of as alive for seven years.

Can a husband get divorce without the wife’s consent?

Yes, by filing a contested divorce on a legal ground such as cruelty or desertion and proving it with evidence before the Family Court.

How much alimony will I have to pay or receive?

There is no fixed formula. The court considers both parties’ income, assets, liabilities, standard of living and the needs of the wife and children, based on the affidavits of assets and liabilities each side files.

Can I get a divorce if I live abroad?

Yes. NRIs can authorise a family member through a Power of Attorney, and the Family Court can permit appearance by video conference for recording statements.

Last updated October 2026. This page is general legal information, not legal advice for your specific situation.