Divorce Law In India

Divorce laws in India are governed by personal laws based on religion and the secular Special Marriage Act, 1954. Below is an overview of divorce laws under different acts:

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

Grounds for Divorce (Section 13)

Adultery – Voluntary sexual relations outside marriage.

Cruelty – Mental or physical cruelty.

Desertion – Continuous abandonment for at least 2 years.

Conversion – If one spouse converts to another religion.

Unsound Mind – If the spouse has a severe mental disorder.

Leprosy – If the spouse suffers from an incurable form of leprosy.

Venereal Disease – If the spouse has an incurable sexually transmitted disease.

Renunciation – If the spouse renounces the world and becomes a monk/nun.

Presumption of Death – If the spouse is missing for 7+ years.

Additional Grounds for Women

Husband guilty of rape, sodomy, or bestiality.

Husband has another wife from before the marriage.

Husband has not maintained the wife after a court order.

Mutual Consent Divorce (Section 13B)

Requires 6-18 months waiting period.

Both parties must agree that the marriage has irretrievably broken down.

2. Muslim Law (Based on Sharia and Dissolution of Muslim Marriages Act, 1939)

For Men (Talaq)

Talaq-e-Ahsan – Single pronouncement, followed by a waiting period.

Talaq-e-Hasan – Pronounced thrice over three months.

Talaq-e-Biddat (Instant Triple Talaq) – Declared unconstitutional by the Supreme Court in 2019.

For Women

Talaq-e-Tafweez – If the husband delegates the power of divorce to the wife.

Khula – Divorce initiated by the wife in exchange for compensation.

Faskh – Judicial divorce based on cruelty, desertion, or other valid reasons.

3. Christian Marriage Act, 1872 & Indian Divorce Act, 1869

Divorce can be granted on adultery, cruelty, desertion, conversion, unsound mind, etc.

Mutual consent divorce is allowed.

4. Parsi Marriage and Divorce Act, 1936

Divorce can be granted for adultery, cruelty, unsound mind, desertion, leprosy, or non-consummation of marriage.

5. Special Marriage Act, 1954 (For Interfaith and Civil Marriages)

Similar grounds as the Hindu Marriage Act.

Mutual Consent Divorce requires a one-year separation.

6. Important Legal Aspects

Maintenance (Alimony) – Based on the financial status of both spouses.

Child Custody – Courts decide based on the child’s welfare.

Property Rights – Women have a right to their share in marital assets.