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.