Divorce Laws in India

Hindu divorce laws in India

In Hindu Law there was no such thing as divorce. The Hindu marriage Act of 1955 has recognized the right of Hindu women to divorce her husband. Under Section 13 of the Act any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that other party;

i) is living in adultery; or

ii) has ceased to be a Hindu by conversion to another religion;(if you are a Christian, you can find out what the Bible says about divorce at Christian Divorce Support Online). or

iii) has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or

iv) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable from of leprosy; or

v) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in communicable form; or

vi) has renounced the world by entering any religious order; or

vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; or

viii) has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or

ix) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.

A wife besides the above grounds may present a petition for the dissolution of her marriage on the ground.

i) in the case of any marriage solemnized before the commencement of this Act, the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner; Provided that in either case the other wife is alive at the time of the presentation of petition, or

ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or beastility.

A petition for divorce cannot be presented before a period of three years of marriage.

The Act also provides for judicial separation on the ground that the other party;

i) has deserted the petitioner for a continuos period of not less than two years immediately preceding the presentation of the petition, or

ii) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party; or

iii) has for a period of not less than one academic year immediately preceding the presentation of the petition, been suffering from a virulent form of leprosy; or

iv) has , for a period of not less than three years immediately preceding the presentation of the petition been suffering from venereal disease in communicable form, the disease not having been contracted from the petitioner; or

v) has been continuously of unsound mind for a period of not less than two years immediately preceding the presentation of the petition; or

vi) has, after the solemnization of the marriage had sexual intercourse with any other than his or her spouse.

It may be said that divorce laws in India has helped the women to develop the feeling of independence in them and make them feel equal partner.

Muslim divorce laws in India: Under the Muslim law it is easy for man to get divorce whereas the woman finds it difficult to divorce her husband. Under the Dissolution of Muslim Marriage Act 1939, a Muslim woman can seek divorce on the following grounds

Go to Home

New! Comments