Divorce laws in India are governed by personal laws based on religion, and each law has its own grounds and procedures for dissolution of marriage.
1. Hindu Marriage Act, 1955
Applicable to Hindus, Buddhists, Jains, and Sikhs. Divorce can be sought on grounds such as cruelty, desertion, adultery, mental disorder, conversion, venereal disease, or mutual consent.
2. Muslim Personal Law (Shariat) Application Act, 1937
Muslim divorce can occur through modes like Talaq, Khula (initiated by the wife), Mubarat (mutual agreement), or Faskh (by judicial decree). The Dissolution of Muslim Marriages Act, 1939 also applies.
3. Christian Marriage Act, 1872 & Indian Divorce Act, 1869
Christians in India can seek divorce on grounds such as adultery, cruelty, desertion, and conversion.
4. Parsi Marriage and Divorce Act, 1936
Parsis can file for divorce on grounds similar to other personal laws, including cruelty, adultery, and mutual consent.
5. Special Marriage Act, 1954
This secular law allows interfaith and civil marriages. Divorce under this Act includes grounds like cruelty, adultery, desertion, mental illness, and mutual consent.
Key Points to Remember:
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Mutual consent divorce is often the fastest and least contentious route.
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Child custody, alimony, and property division are usually addressed in parallel.
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Mediation and counseling are often encouraged before litigation.
Legal advice is crucial, as procedural and documentation requirements differ based on personal law and court jurisdiction.