Divorce Law - India

India

In Hindu religion marriage is sacrament and not a contract, hence divorce was not recognized before the codification of the Hindu Marriage Act in 1955. With the codification of this law, men and women both are equally eligible to seek divorce. Hindus, Buddhists, Sikhs, and Jains are governed by the Hindu Marriage Act 1955, Christians are governed by The Divorce Act 1869, Parsis by the Parsi Marriage and Divorce Act 1936, Muslims by the Dissolution of Muslim Marriages Act 1939 and Inter-religious marriages are governed by The Special Marriage Act 1954.

Conditions are laid down to perform a marriage between a man and woman by these laws. Based on these a marriage is validated, if not it is termed as void marriage or voidable marriage at the option of either of the spouse. Here upon filing a petition by any one spouse before the Court of law a decree of nullity is passed declaring the marriage as null and void.

A valid marriage can be dissolved by a decree of dissolution of marriage or divorce and Hindu Marriage Act, The Divorce Act and Special Marriage Act allow such a decree only on specific grounds as provided in these acts: cruelty, adultery, desertion, apostasy from Hinduism, impotency, venereal disease, leprosy, joining a religious order, not heard of being alive for a period of seven years, or mutual consent where no reason has to be given. Since each case is different, court interpretations of the statutory law gets evolved and have either narrowed or widened their scope.

Family Courts are established to file, hear and dispose of such cases.

Women empowerment and the age old family system of husband being the head and such other several factors has given a sharp rise in marital discords, Indian Courts are flooded with such divorce petitions making the divorce process more traumatising and time consuming.