Divorce Laws in India

Divorce laws in India vary based on the religion of the parties involved and are governed by different personal laws. Here’s an overview:

1. Hindu Marriage Act, 1955 (For Hindus, Buddhists, Sikhs, Jains)

Under this act, divorce can be sought on the following grounds:

• Adultery – Voluntary sexual intercourse outside marriage.
• Cruelty – Physical or mental cruelty by one spouse.
• Desertion – Continuous abandonment for at least two years.
• Conversion – If one spouse converts to another religion.
• Mental Disorder – If the spouse is unsound of mind or has a severe mental illness.
• Leprosy – Incurable and contagious leprosy.
• Venereal Disease – Serious communicable diseases.
• Renunciation – If one spouse renounces the world.
• Presumption of Death – If the spouse is not heard of for seven years.
• Mutual Consent – Both parties agree to divorce after one year of separation.

2. Special Marriage Act, 1954 (For Inter-Religion & Civil Marriages)

• Covers couples of different religions or those married under civil laws.
• Grounds for divorce are similar to the Hindu Marriage Act.

3. Muslim Personal Law (Shariat) Application Act, 1937

• Talaq (By Husband) – Can be given verbally or in writing. However, after the Shayara Bano v. Union of Indiacase (2019), Triple Talaq (instant divorce) was declared illegal.
• Khula (By Wife) – A wife can seek a divorce by returning the Mehr (dower).
• Faskh (By Court) – A wife can approach a Qazi or court for annulment on valid grounds.

4. Christian Divorce (Indian Divorce Act, 1869)

• Grounds include adultery, cruelty, desertion, conversion, insanity, etc.
• Mutual consent divorce is also available.

5. Parsi Marriage and Divorce Act, 1936

• Divorce can be granted for adultery, cruelty, desertion, bigamy, unsound mind, etc.
• Requires application before a special Parsi matrimonial court.

6. Divorce by Mutual Consent

Available under:

• Hindu Marriage Act, 1955
• Special Marriage Act, 1954
• Indian Divorce Act, 1869 (for Christians)

Process:

1. File a joint petition stating the desire to divorce.
2. Court grants a 6-month “cooling-off” period (can be waived in some cases).
3. After the final hearing, the court grants a decree of divorce.

7. Alimony & Child Custody

• Alimony depends on the spouse’s financial status, earning capacity, and needs.
• Child custody is decided based on the child’s welfare, with either parent getting custody, while the other gets visitation rights.