Divorce is the legal termination of a marriage by a court or other competent authority. In India, divorce laws vary depending on the religion of the individuals involved, and there are different provisions for Hindu, Muslim, Christian, and civil marriages. Divorce can be either mutual consent divorce (where both parties agree to separate) or contested divorce (where one party seeks to end the marriage on specific legal grounds).

1. Types of Divorce:

  • Mutual Consent Divorce: Both spouses agree to dissolve the marriage amicably.
  • Contested Divorce: One spouse initiates divorce based on specific legal grounds, such as cruelty, adultery, desertion, or other reasons.

2. Divorce Laws Based on Religion:

Hindu Marriage Act, 1955:

Applies to Hindus, Buddhists, Jains, and Sikhs. The law provides the following grounds for divorce:

  • Adultery: When one spouse is involved in extramarital relationships.
  • Cruelty: Physical or mental cruelty inflicted by one spouse on the other.
  • Desertion: One spouse abandons the other for at least two years.
  • Mental Illness: If a spouse suffers from a mental disorder.
  • Conversion: If a spouse converts to another religion.
  • Leprosy: If a spouse is suffering from an incurable form of leprosy.
  • Renunciation: If one spouse renounces the world and joins a religious order.

Muslim Personal Law:

Muslim law allows divorce through:

  • Talaq: The husband can initiate divorce by pronouncing Talaq three times.
  • Khula: The wife can initiate divorce by returning her dower (Mehr) to the husband.
  • Mubarat: Mutual consent divorce where both parties agree to dissolve the marriage.
  • Judicial Divorce: A wife can approach the court to seek divorce under specific conditions such as cruelty, desertion, or failure to provide maintenance.

Christian Law (Indian Divorce Act, 1869):

For Christians, the grounds for divorce include:

  • Adultery
  • Cruelty
  • Desertion
  • Insanity
  • Leprosy
  • Conversion to another religion

Parsi Law (Parsi Marriage and Divorce Act, 1936):

Grounds for divorce include:

  • Adultery
  • Cruelty
  • Desertion
  • Mental Illness
  • Leprosy

Special Marriage Act, 1954:

Applicable to inter-religious or civil marriages, it allows for divorce on similar grounds to the Hindu Marriage Act.