In India, remarriage is legally allowed once the divorce decree becomes final and the appeal period of 90 days has passed. If no appeal is filed within this period, you are legally free to remarry.
In case of a mutual consent divorce, remarriage can happen immediately after the decree. However, it is advisable to wait 90 days for legal safety, as per Supreme Court guidelines.
Source: Hindu Marriage Act, Section 15; Lata Kamat v. Vilas Kamat (1989)

No, mutual agreement is not always necessary. In India, there are two types of divorce:

1. Mutual Consent Divorce (Section 13B) – when both parties agree.
2. Contested Divorce (Section 13) – when one party wants a divorce, and the other does not.
   Grounds for contested divorce include: cruelty, desertion (for over 2 years), adultery, mental illness, conversion of religion, etc. You’ll need evidence such as witness statements, chat records, medical reports, etc., to support your case.
   Source: Hindu Marriage Act, 1955 – Sections 13 & 13B

During divorce, a spouse can claim maintenance (alimony), residential rights, and sometimes a share in joint property. There is no specific marital property law in India, but courts decide case by case.

A wife may claim:

• A portion of the husband’s income (monthly maintenance)
• Share in joint property, if she contributed financially
• Her streedhan (gifts, jewellery received during marriage)
  In rare cases, even the husband can claim maintenance if he is unemployed or incapable of earning.

Source: Hindu Marriage Act, Sections 25 & 27; CrPC Section 125 insights, Mental Health Foundation reports

Reasons to consider divorce:

• Physical or mental cruelty
• Infidelity
• Long-term abandonment
• Alcoholism or drug abuse
• Financial neglect
• Lack of emotional or physical intimacy
• Emotional detachment
• Domestic violence
• Major incompatibility
• Irreparable differences

Reasons to avoid divorce:

• Temporary conflicts or anger
• For the children’s well-being
• Financial dependence
• Family or societal pressure
• Possibility of reconciliation through counseling
• Social stigma
• False allegations
• Love still exists
• Presence of mutual respect
• Risk of depression or regret after divorce
  Source: Indian court case studies, counseling

If your spouse refuses to cooperate in a mutual consent divorce or keeps delaying hearings, don’t worry—you still have legal options.

1. Switch to a Contested Divorce
If mutual consent isn’t possible due to their refusal, you can file a contested divorce under Section 13 of the Hindu Marriage Act (or relevant personal law), on grounds like:
• Cruelty (mental or physical)
• Desertion (for 2+ years)
• Adultery
• Mental disorder, etc.
The court will issue summons and proceed even if your spouse does not willingly participate.

2. File for Speedy Trial or Early Hearing
If your spouse keeps delaying hearings on purpose, your lawyer can:
• Request the court to take adverse note of non-appearance.
• File an application under Section 21-B of the Hindu Marriage Act for speedy trial.
• Ask the court to proceed ex parte (without their presence) if they continue to miss hearings without valid reason.
Courts are aware of delay tactics and may penalize the spouse who is misusing the process.

3. File for Interim Relief (Maintenance, Custody, Residence)
While the main divorce case goes on, you can also file for:
• Maintenance (Sec 125 CrPC or Sec 24 HMA)
• Child custody/visitation rights
• Protection orders or residence rights under the Domestic Violence Act (if applicable)
You don’t have to be stuck in a marriage where the other person refuses closure. The law offers a way forward. A good lawyer can guide you through this with strength and dignity.