Step 1: Establish which route applies
If both spouses agree, the route is a joint petition for mutual consent divorce, which requires that you have lived separately for at least a year. If one spouse does not agree, the route is a contested petition founded on a statutory ground.
The statute depends on how you married: the Hindu Marriage Act for most, the Special Marriage Act for civil and inter-faith marriages, and separate frameworks for Muslim, Christian and Parsi marriages. This determines the grounds available and the sections you file under.
Step 2: Gather the documents
Almost every petition needs the same core set, and assembling it early saves weeks.
Step 3: Filing, and what happens next
The petition is drafted, verified and filed in the Family Court with the court fee. The court numbers the case and issues notice to the respondent. In a joint petition, both parties attend and their statements are recorded on the first motion.
Chennai’s Family Court will ordinarily refer the matter to mediation or counselling before it proceeds. This is not a delay tactic: a meaningful proportion of matters settle there, including contested ones, and the settlement is recorded and given effect.
From there the paths diverge. A consent matter waits out the statutory period before the second motion. A contested matter moves through written statement, framing of issues, evidence, cross-examination and arguments.