Have you ever heard someone say they got divorced through a no fault divorce and wondered what it means or if it is even legal in India? In this article, I will clear all your doubts and explain everything about it. Before we begin, I’m Suresh Gupta, a divorce lawyer practicing in Delhi courts like Rohini, Hauz Khas, and Patiala House. Based on my experience, I’ll explain everything about no-fault divorce.

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What Is No Fault Divorce?

No-fault divorce means there is no blame on anyone. “Divorce” means separating, and “no fault” means you don’t have to give any reason for why you want to separate. Both you and your spouse just agree that it’s time to part ways, with no fighting or blaming each other. It’s simple—just both of you deciding to move on.

Now, this is very much like mutual consent divorce. The only real difference is the words used. In mutual consent, both spouses agree to the divorce too, and just like no-fault divorce, no one has to explain why. You just mention a simple reason, like “irreconcilable differences” (which means you can’t get along anymore), and that’s it. So, no-fault divorce and mutual consent are very similar—just different names for the same idea.

Is No-Fault Divorce Legal In India?

When we talk about no-fault divorce in India, it’s a bit of both—Yes and No. Let me explain:

Yes, because India has mutual consent divorce under Section 13B of the Hindu Marriage Act. It works very much like no-fault divorce—both partners agree to separate, no fighting, no blaming anyone, and no long court cases. Everything gets settled smoothly if both agree. Plus, there’s Article 142 of the Indian Constitution. The Supreme Court has used this to allow divorce when the marriage has completely broken down, which means no one’s fault—just that the relationship can’t continue anymore.

But it’s also a No because there is no clear mention of no-fault divorce in Indian law. Unlike in some Western countries, India doesn’t officially recognize no-fault divorce as a separate rule. Mutual consent divorce is the closest we have to that for now.

How to File for No-Fault Divorce in India

Filing for no-fault divorce in India is straightforward—well, technically, we don’t have a specific “no-fault divorce rule” in the Indian Constitution. But mutual consent divorce is almost the same thing! Here’s a quick steps of filing petition:

(You can check out my blog for more details about mutual consent divorce procedure)

• Eligibility: Both spouses must agree to the divorce and must have been married for at least one year.
• File the Petition: Both partners file a joint application for divorce at the nearest Family Court.
• First Hearing: Both appear in court, present their case, and the court records their statements.
• Cooling-Off Period: There’s usually a 6-month waiting period to give both parties time to reconsider (though this can sometimes be waived).
• Second Hearing: After the cooling-off period, both appear again to confirm they still want the divorce.
• Final Divorce Order: If everything is in order, the court grants the divorce.

Benefits of No-Fault Divorce (Mutual Consent)

If you choose no-fault divorce (which is the same as mutual consent divorce), here’s how it helps you:

• Faster Process: It’s much quicker than a contested divorce. You don’t have to wait for many court hearings.
• Less Stress: This type of divorce is much less stressful. No fighting, no blaming each other—both of you can stay calm.
• Easier to Settle: You can decide things together, like money, property, and children. It’s about talking and agreeing peacefully.
• Privacy: You don’t have to tell the court personal reasons for your divorce. It keeps your private life safe.

What is the Alternative of No-Fault Divorce?

The alternative to no-fault divorce is mutual consent divorce. It’s almost the same as no-fault divorce, around 95% similar. If both of you agree, this is the best and easiest option. Contested Divorce, on the other hand, is very different. It involves a lot of fighting, long court hearings, and more stress for everyone.

FAQs About No-Fault Divorce In India

Q. How Do I File For Divorce Without Taking A Reason For It?

A. You Can’t When you are talking about legal procedure you have to give at least on reason for divorce even if nothing you to write on paper it’s nothing just wanted to go separate ways.

Q. Does No-Fault Divorce Also Mean Mutual Consent Divorce?

A. Yes, You can say that india but in other countries these two are different things.

Q. But What If One Spouse Doesn’t Agree?

A. Mutual consent divorce is impossible if one spouse does not agree, so other spouse needs to file contested in order to proceed for further procedure.

Q. How Much Time Does A No-Fault Divorce Take?

A. No-Fault Divorce separation period remains same as mutual consent divorce in india it’s at least 6 months to 1 year. For other countries it’s different according to their laws.