Top 100 Divorce Terms in India: An Essential Glossary

1. Abandonment: (See Desertion). The act of leaving; legally defined under Desertion.
2. Adjournment: Postponement of a court hearing to a later date.
3. Adultery: Voluntary sexual intercourse by a married person with someone other than their spouse. A ground for divorce under most personal laws.
4. Affidavit: A written statement confirmed by oath or affirmation, used as evidence.
5. Alimony (Maintenance): Financial support paid by one spouse to the other during or after divorce. Can be temporary (interim) or permanent.
6. Alternative Dispute Resolution (ADR): Methods like mediation and conciliation to resolve disputes outside court.
7. Annulment: A legal declaration that a marriage was invalid from the beginning (void).
8. Answer (Written Statement): The respondent’s formal written reply to the divorce petition. (See also Written Statement).
9. Appeal: Asking a higher court to review a lower court’s decision.
10. Appearance: A party or their lawyer formally attending court.
11. Arrears: Overdue, unpaid alimony or child support payments.
12. Best Interests of the Child: The primary legal standard for court decisions regarding child custody and welfare.
13. Bigamy: Marrying another person while still legally married. A ground for divorce and a criminal offense.
14. Burden of Proof: The duty to prove allegations made in court.
15. Child Custody: The legal right and responsibility for a minor child’s care and upbringing.
16. Child Support: Financial payments for a child’s expenses, usually paid by the non-custodial parent to the custodial parent.
17. Christian Divorce Act (The Indian Divorce Act, 1869): Law governing divorce for Christians in India.
18. Conciliation: An ADR process where a neutral party helps spouses reach an agreement. Often attempted in Family Courts.
19. Conjugal Rights: Rights associated with marriage, primarily the right to live together. (See Restitution of Conjugal Rights).
20. Consent Order: A court order based on an agreement reached by both parties.
21. Contempt of Court: Disobeying a court order (e.g., failure to pay alimony), punishable by the court.
22. Contested Divorce: Divorce where spouses disagree on issues (divorce itself, alimony, custody) and the court must decide.
23. Conversion: Changing religion; can be a ground for divorce if one spouse converts.
24. Cooling-Off Period: Mandatory 6-month waiting period in mutual consent divorce for potential reconciliation (can sometimes be waived).
25. Costs: Expenses related to the legal case; the court may order one party to pay the other’s costs.
26. Cross-Examination: Questioning the opposing party’s witness in court.
27. Cruelty: Conduct (physical or mental) causing harm or distress, making it intolerable to live together. A common ground for divorce.
28. Custodial Parent: The parent with whom the child primarily lives.
29. Decree: The final, formal judgment or order of the court in a divorce case.
30. Decree Absolute: The final court order legally dissolving the marriage.
31. Desertion: Intentional abandonment of one spouse by the other without consent or reasonable cause for a continuous period (e.g., two years under Hindu law).
32. Discovery: The pre-trial process of exchanging information and evidence between parties.
33. Dissolution of Marriage: The legal end of a marriage; same as divorce.
34. District Court / Family Court: The primary trial courts handling divorce cases.
35. Divorce: The legal termination of a valid marriage.
36. Divorce by Mutual Consent: Both spouses agree to divorce and jointly file a petition, having settled all terms.
37. Domestic Violence: Physical, emotional, economic, or sexual abuse within a household. Relief can be sought under the Protection of Women from Domestic Violence Act, 2005.
38. Dowry: Illegal demand/giving of property or money in connection with marriage. Dowry-related cruelty is a ground for divorce.
39. Evidence: Information (documents, testimony) presented in court to prove or disprove facts.
40. Ex Parte Order: A temporary court order issued without hearing the other side, usually in urgent cases.
41. Family Court: Specialised courts dealing with marriage and family disputes.
42. Fault Grounds: Reasons for divorce based on misconduct by one spouse (e.g., cruelty, adultery).
43. Filing: Submitting legal documents to the court.
44. First Motion: The initial filing and court appearance in a mutual consent divorce case.
45. Foreign Marriage Act, 1969: Governs marriages involving Indian citizens solemnised abroad.
46. Grounds for Divorce: Legally recognised reasons for seeking divorce (vary by personal law).
47. Hearing: A formal proceeding before a judge.
48. Hindu Marriage Act, 1955: Governs marriage and divorce for Hindus, Buddhists, Jains, and Sikhs.
49. Impotence: Inability to consummate the marriage; can be a ground for annulment.
50. Injunction: A court order prohibiting a party from doing a specific act during proceedings.
51. Insanity (Mental Disorder): A ground for divorce if a spouse suffers from an incurable mental disorder making cohabitation unreasonable.
52. Interim Order (Pendente Lite): Temporary court order for maintenance or custody during the divorce case.
53. Irretrievable Breakdown of Marriage: Situation where the marriage is beyond repair; increasingly recognised by courts.
54. Joint Custody: Both parents share decision-making rights (legal custody) and often physical care (physical custody) of the child.
55. Joint Petition: A petition filed together by both spouses for a mutual consent divorce.
56. Judgment: The court’s final decision in a case.
57. Judicial Separation: Court order allowing spouses to live apart while legally married (cannot remarry).
58. Jurisdiction: The court’s legal authority to hear a case, based on factors like where the couple lived or where the marriage occurred.
59. Khula: Divorce initiated by the wife under Muslim law, often involving returning the dower.
60. Legal Custody: The right to make major decisions about a child’s life (education, health).
61. Living Separately: A required period of living apart before filing for mutual consent divorce (typically one year).
62. Lump Sum Alimony: A one-time payment of alimony as part of a final settlement.
63. Marital Property: Assets acquired during the marriage subject to division upon divorce.
64. Mediation: An ADR process using a neutral mediator to help spouses reach an agreement.
65. Mental Cruelty: Conduct causing significant mental distress, recognised as a form of cruelty.
66. Minor Child: A child under 18 years of age.
67. Mubarat: Divorce by mutual agreement under Muslim law.
68. Muslim Divorce (Personal Law): Governed by Muslim Personal Law, includes Talaq, Khula, Mubarat.
69. Muslim Women (Protection of Rights on Divorce) Act, 1986: Deals with maintenance rights for divorced Muslim women.
70. No-Fault Divorce: Divorce granted without proving spousal misconduct (e.g., mutual consent divorce).
71. Non-Custodial Parent: The parent who does not have primary physical custody but usually has visitation rights.
72. Nullity of Marriage: A court declaration that a marriage is void (never legally existed) or voidable (can be annulled).
73. Parsi Marriage and Divorce Act, 1936: Governs marriage and divorce for Parsis in India.
74. Partition (of property): Division of jointly owned property between spouses.
75. Personal Laws: Laws specific to religious communities governing family matters.
76. Petition: The formal document filed in court to start the divorce case.
77. Petitioner (Plaintiff): The spouse who files the divorce petition.
78. Physical Custody: Determines where the child primarily resides.
79. Presumption of Death: If a spouse is missing and unheard of for 7+ years, they can be presumed dead, allowing the other spouse to seek divorce/remarry.
80. Property Settlement Agreement: Written agreement detailing the division of assets and debts.
81. Reconciliation: Spouses resolving differences and getting back together. Courts often encourage this.
82. Renunciation of World: Becoming a sanyasi or entering a religious order; a ground for divorce under Hindu law.
83. Respondent (Defendant): The spouse against whom the divorce petition is filed.
84. Restitution of Conjugal Rights: A court order directing a spouse who left without cause to return; non-compliance can become a ground for divorce.
85. Second Motion: The final court appearance (after the cooling-off period) to confirm consent in a mutual divorce.
86. Separation: Spouses living apart.
87. Separation Agreement: Agreement made by spouses living apart, outlining terms before or during divorce.
88. Service (of Summons/Notice): Formal delivery of court documents to the respondent.
89. Settlement: An agreement reached between spouses resolving divorce issues outside of a final court judgment.
90. Sole Custody: An arrangement where one parent has both primary physical and legal custody.
91. Special Marriage Act, 1954: Secular law for inter-religious marriages and civil marriages/divorces.
92. Stridhan: A woman’s exclusive property (gifts, inheritance) received before, during, or after marriage.
93. Summons: Official court notice requiring the respondent to appear in court.
94. Talaq: Divorce initiated by the husband under Muslim law (Instant Triple Talaq is unconstitutional).
95. Trial: Formal court proceeding where evidence is presented and a judge decides the case.
96. Vakalatnama: Document authorising a lawyer to represent a client.
97. Visitation Rights: Time granted to the non-custodial parent to spend with the child.
98. Void Marriage: A marriage invalid from the start (e.g., bigamy).
99. Voidable Marriage: A marriage that can be annulled by one party on specific grounds (e.g., fraud, impotence).
100. Written Statement: The formal reply filed by the respondent to the petition.

Disclaimer: This glossary provides general information only and is not legal advice. Laws differ and situations vary. Consult a qualified lawyer in India for advice on your specific case.

Compiled by

Saket Sambhav