Divorce in India is governed by personal laws based on religion, along with certain secular laws. It is a legal process to end a marriage, and the procedures and grounds for divorce can differ significantly depending on the community to which the parties belong. Here’s a closer look at the key aspects of divorce laws in India:
1. Hindu Law
Applicable under the Hindu Marriage Act, 1955, to Hindus, Buddhists, Jains, and Sikhs.
Grounds for Divorce (Section 13):
- Adultery
- Cruelty
- Desertion for more than 2 years
- Conversion to another religion
- Mental disorder
- Communicable disease (e.g., leprosy, venereal disease)
- Renunciation of the world
- Presumption of death (not heard of for 7 years)
Types of Divorce:
- Mutual Consent Divorce (Section 13B): Requires a joint petition, separation of at least one year, and consent from both parties.
- Contested Divorce: Filed by one spouse on any of the valid grounds listed above.
2. Muslim Law
Based on Sharia law and supplemented by the Dissolution of Muslim Marriages Act, 1939.
Modes of Divorce:
- Talaq (by husband)
- Khula (by wife with husband’s consent)
- Mubarat (mutual consent)
- Faskh (judicial divorce by the wife under specified conditions)
Key Developments:
- Triple Talaq has been declared unconstitutional and criminalized under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
3. Christian Law
Governed by the Indian Divorce Act, 1869.
Grounds for Divorce:
- Adultery
- Cruelty
- Desertion for at least two years
- Impotency
- Conversion to another religion
- Incurable unsoundness of mind
- Willful refusal to consummate marriage
4. Parsi Law
Covered under the Parsi Marriage and Divorce Act, 1936.
Grounds for Divorce:
- Non-consummation due to refusal
- Unsound mind at the time of marriage
- Adultery, cruelty, or grievous hurt
- Desertion for 2+ years
- Conversion
- Presumption of death
- Mutual consent
5. Special Marriage Act, 1954
This law is secular and applies to inter-faith or civil marriages.
Grounds for Divorce:
- Similar to the Hindu Marriage Act
- Mutual consent divorce requires one-year separation and joint petition
Important Considerations:
- Child Custody: Decided based on the child’s best interests.
- Alimony/Maintenance: Determined by the court based on income, needs, and conduct.
- Property Division: No automatic right to equal division; court considers contributions of both spouses.
Conclusion:
Divorce laws in India are deeply rooted in religious customs but are increasingly moving towards uniformity and fairness, especially with growing awareness of individual rights. It is always advisable to consult a family law expert for specific guidance based on your circumstances.