Yes, you can file for divorce in Chennai even if your spouse is currently in judicial custody, since incarceration does not bar a party from being made a respondent in matrimonial proceedings, nor does it prevent the petitioner from seeking dissolution of marriage on applicable grounds. In fact, a spouse's conviction and imprisonment for a serious offence can itself constitute an independent ground for divorce under several personal laws applicable in India.

Under the Hindu Marriage Act, 1955, for instance, if your spouse has been sentenced to imprisonment for seven years or more for an offence under the Bharatiya Nyaya Sanhita, 2023, this itself qualifies as a statutory ground for divorce, independent of any other matrimonial fault. Even where the imprisonment term is shorter, cruelty, desertion, or other grounds arising from the circumstances leading to the incarceration can be pleaded to support the divorce petition filed in Chennai.

Procedurally, filing for divorce while your spouse is in judicial custody requires that summons and notices be properly served through the jail authorities, since the respondent's custodial status does not exempt them from due process; the family court will ensure the incarcerated spouse is duly informed and given an opportunity to respond, either personally through court appearance permissions or through appointed legal counsel. This process can take slightly longer due to the additional procedural steps involved in serving an incarcerated respondent.

If your spouse contests the divorce from custody or if there are complications around property, maintenance, or custody of children that need to be resolved alongside the divorce, it is important to have an experienced family law team managing these parallel issues. The team at Aapka Legal Advice has handled matters involving incarcerated spouses and can help you navigate service of process, evidence collection, and the appropriate grounds to plead in your Chennai divorce petition.

Given that such cases often intersect with criminal law and require careful handling of both the criminal case's status and the matrimonial proceeding, a second opinion from a retired judge experienced in both domains can help you build a stronger, more cohesive case strategy. Chennai's pool of divorce lawyers and retired judges, listed at Aapka Legal Advice's Chennai divorce lawyer directory, includes professionals well-versed in these overlapping legal areas.

In summary, filing for divorce in Chennai while your spouse is in judicial custody is entirely possible, and the imprisonment itself may even strengthen your grounds for divorce, provided the procedural requirements for service and representation are carefully followed.