Mutual Divorce in Jammu After the 2019 Reorganisation
A question that comes up regularly from Jammu couples — particularly those who were married before 2019 or whose families have been in J&K for generations — is whether the legal framework for divorce has changed since J&K became a Union Territory.
The straightforward answer: the Hindu Marriage Act, 1955 now applies in Jammu in full, without any J&K-specific modifications. Prior to the Jammu and Kashmir Reorganisation Act, 2019, there were complexities around the application of certain central laws in J&K. Since October 31, 2019, when J&K became a Union Territory, that distinction no longer exists. Section 13B of the Hindu Marriage Act — the provision under which mutual consent divorce is filed — applies to Jammu couples in exactly the same way it applies anywhere else in India.
The Family Courts Act, 1984 also applies fully. The court process — petition, First Motion, counselling, cooling-off period, Second Motion, decree — is the same standard procedure followed at every Family Court in the country. There is nothing procedurally different about filing in Jammu compared to filing in Pune or Patna.
Appellate jurisdiction: Appeals from the Jammu Family Court go to the Jammu Wing of the High Court of J&K and Ladakh — which sits in Janipur, on the same campus as the Family Court. This means waiver revisions and custody or maintenance challenges do not require travel to Srinagar. The Srinagar Wing of the same High Court handles appeals from courts in the Kashmir Division.