Divorce in India: grounds, process, and what to expect
Quick Answer
Divorce in India is governed by different personal laws depending on the religion of the parties. For Hindus, the Hindu Marriage Act, 1955 applies; for Christians, the Indian Divorce Act, 1869; for Parsis, the Parsi Marriage and Divorce Act, 1936; for Muslims, Muslim personal law; and for inter-faith marriages, the Special Marriage Act, 1954.
What law governs divorce in India?
The law that applies to your divorce depends on your religion and the type of marriage you performed. Hindus, Buddhists, Jains, and Sikhs are governed by the Hindu Marriage Act, 1955. Christians are governed by the Indian Divorce Act, 1869. Parsis are governed by the Parsi Marriage and Divorce Act, 1936. Muslims are governed by Muslim personal law, including the Dissolution of Muslim Marriages Act, 1939. If you married under the Special Marriage Act, 1954 (a civil marriage), that Act governs your divorce regardless of your religion.
What are the grounds for divorce?
The grounds for divorce vary by personal law, but common grounds across most statutes include: Under the Hindu Marriage Act, 1955, a spouse may seek divorce on the following grounds:
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