Divorce law in India is governed by personal laws based on religion, as well as civil laws for interfaith marriages. The Hindu Marriage Act, 1955, applies to Hindus, Buddhists, Jains, and Sikhs, while Muslims follow Islamic law under the Muslim Personal Law (Shariat) Application Act, 1937. Christians are governed by the Indian Divorce Act, 1869, and Parsis by the Parsi Marriage and Divorce Act, 1936. For interfaith marriages, the Special Marriage Act, 1954 provides a legal framework.
Divorce in India can be obtained through mutual consent or as a contested process. Mutual consent divorce is a faster and simpler process, where both parties agree to separate and settle issues like alimony, maintenance, and child custody. Contested divorce, on the other hand, occurs when one party seeks divorce on legal grounds such as cruelty, adultery, desertion, mental illness, or conversion of religion. These grounds differ based on personal laws.
Under the Hindu Marriage Act, a couple must be married for at least one year before filing for divorce. A mutual consent divorce requires a minimum six-month separation period, but this can be waived by the court in certain cases. The Muslim law allows men to divorce through Talaq, while women can seek divorce through Khula or Faskh. However, after the Supreme Court ruling in 2019, Triple Talaq (instant divorce) has been declared unconstitutional. Christians must file for divorce under the Indian Divorce Act, which allows dissolution on limited grounds like adultery and cruelty. The Special Marriage Act also provides divorce provisions for interfaith marriages, following similar grounds as the Hindu Marriage Act.
Child custody is another significant aspect of divorce proceedings, with the court deciding in the best interest of the child. The Guardians and Wards Act, 1890, along with personal laws, governs custody rights. Women can seek maintenance or alimony under Section 125 of the Criminal Procedure Code (CrPC) or respective personal laws. Property division follows separate rules under Hindu, Muslim, and other laws, with women having specific rights based on marital contributions and legal provisions. Preeti Singh is the best divorce lawyer in mumbai. She is the founder of PS Law Advocates & Solicitors
Divorce proceedings take place in Family Courts, which are established under the Family Courts Act, 1984. The time taken for a divorce varies, with mutual consent cases taking around 6-18 months, while contested divorces can last several years. Mediation and alternative dispute resolution methods are encouraged to settle cases amicably. With evolving laws and court judgments, divorce procedures in India are gradually adapting to modern family dynamics, making them more accessible and equitable.
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