Divorce6 min read

How do divorce and talaq work in India?

It depends on the personal law that governs your marriage. Under the Hindu Marriage Act, a couple who have lived apart for a year can divorce by mutual consent, with a six-month wait that courts can waive. For Muslims, instant triple talaq has been void and punishable with up to three years in jail since 2019, while other forms of talaq, khula and mubarat remain valid.

By ALTER Editorial · Published

General information, not legal advice. Laws and court rulings change, and every case is different. Talk to a family lawyer about your own situation.

Key takeaways

  • Hindus, Sikhs, Jains and Buddhists divorce under the Hindu Marriage Act; couples married under the Special Marriage Act use it; Muslims, Christians and Parsis have their own laws.
  • The fastest route is mutual consent: a year apart, two court motions, and a six-month gap the court can waive.
  • A contested divorce needs a legal ground, such as cruelty, two years' desertion or a relationship outside the marriage, and can take years.
  • Instant triple talaq has been void and a crime since 2019. Talaq-e-ahsan and talaq-e-hasan are still valid, though talaq-e-hasan is being challenged in the Supreme Court.
  • Muslim women can end a marriage through khula, mubarat or a court decree.

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01—Which law

Which law decides how you can divorce?

India has no single divorce law. The rules depend on the personal law your marriage falls under.

  • Hindu Marriage Act, 1955: Hindus, Sikhs, Jains and Buddhists.
  • Special Marriage Act, 1954: couples who married under it, including many inter-faith couples.
  • Muslim personal law, the Dissolution of Muslim Marriages Act, 1939 and the Muslim Women (Protection of Rights on Marriage) Act, 2019: Muslims.
  • Indian Divorce Act, 1869: Christians.
  • Parsi Marriage and Divorce Act, 1936: Parsis.
03—Contested

What are the grounds for a contested divorce?

If one spouse doesn't agree, the other has to prove a ground the law recognises. Under the Hindu Marriage Act these include:

  • A relationship outside the marriage (adultery). It is a ground for divorce even though it is no longer a crime (more on that).
  • Cruelty, physical or mental.
  • Desertion for at least two continuous years.
  • Conversion to another religion.
  • Serious mental illness, or a venereal disease in a communicable form.
  • Renouncing the world by entering a religious order, or not being heard of as alive for seven years.
04—Triple talaq

Is triple talaq legal in India?

No. Talaq-e-biddat, where a husband pronounces talaq three times at once to end the marriage instantly, was held unconstitutional by the Supreme Court in Shayara Bano v Union of India in 2017. The Muslim Women (Protection of Rights on Marriage) Act, 2019 then made any such instant talaq, spoken, written or sent electronically, void and illegal, punishable with up to three years in jail and a fine.

A wife given instant talaq can ask a magistrate for a subsistence allowance for herself and her children, and for custody of minor children. The offence can be compounded at her request, and bail is granted only after she has been heard.

Forms of talaq and divorce under Muslim law in India
FormHow it worksLegal status
Talaq-e-biddat (instant triple talaq)Talaq pronounced three times at once; immediate and irrevocableVoid and a criminal offence since 2019
Talaq-e-ahsanA single pronouncement, then the iddat waiting period, during which the couple can reconcileValid
Talaq-e-hasanTalaq pronounced once a month over three months, with a chance to reconcile in betweenValid; its constitutionality is before the Supreme Court
KhulaDivorce sought by the wife, usually by returning the mahrValid
MubaratDivorce by mutual agreementValid
Court decreeThe wife petitions a court under the Dissolution of Muslim Marriages Act, 1939Valid
05—Talaq-e-hasan

What is talaq-e-hasan, and is the Supreme Court changing it?

In talaq-e-hasan, the husband pronounces talaq once a month for three months, and the couple can reconcile at any point before the third. Because it isn't instant, the 2019 Act doesn't cover it, and the Himachal Pradesh High Court confirmed in 2024 that only instant talaq is prohibited.

Its constitutionality is being challenged in Benazeer Heena v Union of India. In 2022 a bench led by Justice Sanjay Kishan Kaul said the practice was prima facie not improper, noting that women can seek khula. In November 2025 a bench led by Justice Surya Kant said it may refer the question to a five-judge Constitution Bench. When this guide was last updated, the case was still pending.

06—Women's options

Can a Muslim woman get a divorce?

Yes. She can end the marriage through khula, by mutual agreement (mubarat), or by going to court under the Dissolution of Muslim Marriages Act, 1939, on grounds such as cruelty or her husband's failure to maintain her for two years. Couples who married under the Special Marriage Act use its mutual consent and contested routes instead.

General information, not legal advice. Laws and court rulings change, and every case is different. Talk to a family lawyer about your own situation.

07—FAQ

Questions, asked quietly.

Something else on your mind? Write to support@thealter.app. We keep it between us.

  • Under the Hindu Marriage Act, the couple must have lived apart for a year before filing, and the second motion comes six to 18 months after the first. Courts can waive the six-month wait where everything is settled and reconciliation isn't possible, so some divorces finish much sooner.

  • No. Instant triple talaq (talaq-e-biddat) was struck down by the Supreme Court in 2017 and made void and illegal by the Muslim Women (Protection of Rights on Marriage) Act, 2019, with up to three years in jail and a fine.

  • Triple talaq is three pronouncements at once that end a marriage instantly. Talaq-e-hasan spreads three pronouncements over three months, leaving room to reconcile. Triple talaq is banned; talaq-e-hasan is legal, though its validity is being challenged in the Supreme Court.

  • Yes. Adultery stopped being a crime in 2018, but it remains a ground for divorce under the Hindu Marriage Act and other personal laws.

  • Yes: through khula, through mubarat by mutual agreement, or through a court under the Dissolution of Muslim Marriages Act, 1939.

Sources

  1. S.S. Rana & Co.: Supreme Court on the six-month period under Section 13B (Amardeep Singh v Harveen Kaur, 2017)
  2. Bar & Bench: Shilpa Sailesh v Varun Sreenivasan, Constitution Bench (May 2023)
  3. PRS Legislative Research: Muslim Women (Protection of Rights on Marriage) Act, 2019
  4. LiveLaw: Himachal Pradesh High Court on forms of talaq other than instant triple talaq (2024)
  5. Supreme Court Observer: Benazeer Heena v Union of India (talaq-e-hasan)
  6. SheThePeople: Supreme Court on talaq-e-hasan and khula (August 2022)
  7. Business Standard: Supreme Court may refer talaq-e-hasan challenge to a larger bench (November 2025)

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