Yes, in India, different religions follow their laws for marriage and divorce. Here's a breakdown:
Muslim Law:
• Muslims follow their personal laws derived from Shariat and codified in the Dissolution of Muslim Marriages Act, 1939.
• A husband can initiate divorce by pronouncing Talaq.
o Forms of Talaq include Talaq-e-Ahsan (most preferred), Talaq-e-Hasan, and Talaq-e-Biddat (instant triple talaq, which was declared unconstitutional and criminalized in 2019).
• A wife can seek divorce through:
o Khula (divorce initiated by the wife with husband’s consent),
o Mubarat (mutual divorce), or
o Grounds under Section 2 of the 1939 Act (cruelty, desertion, impotence, non-maintenance, etc.).
Christian Law:
• Governed by the Indian Divorce Act, 1869.
• Either spouse can file for divorce on grounds like adultery, cruelty, desertion, conversion to another religion, or unsound mind.
• Section 10A allows mutual consent divorce if the couple has lived separately for at least one year.
Parsi Law:
• Governed by the Parsi Marriage and Divorce Act, 1936.
• Divorce grounds include adultery, cruelty, unsound mind, desertion for 2 years, and mutual consent.
• The case is heard in Parsi District Matrimonial Courts, which have community delegates assisting the judge.
Special Marriage Act, 1954:
• This law applies to inter-faith couples or those choosing a civil marriage irrespective of religion.
• Divorce is possible under grounds similar to the Hindu Marriage Act, including adultery, cruelty, desertion, and mutual consent.
Therefore, although the concept of divorce exists across all religious communities, the procedure, grounds, and forums differ. Still, all must conform to constitutional guarantees of justice, equality, and dignity.
Yes, **divorce procedures vary based on religious personal laws** in India. Each religious community has its own personal laws that govern marriage and divorce, which exist along side the **secular law** under the **Special Marriage Act, 1954**. Here's an overview of **divorce under Muslim, Christian, and Parsi personal laws**:
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1. **Muslim Law**
Muslim personal law recognizes both **judicial and extrajudicial divorce**. It applies to Muslims through the **Muslim Personal Law (Shariat) Application Act, 1937** and the **Dissolution of Muslim Marriages Act, 1939**.
#### A. **Extrajudicial divorce (unilateral or mutual)**
* **Talaq (by husband)** – Pronouncement of divorce by the husband (subject to legal restrictions post *Shayara Bano v. Union of India*, 2017, which invalidated **instant triple talaq**).
* **Talaq-e-Tafweez** – Delegated divorce by wife if stipulated in the marriage contract.
* **Khula (by wife with husband's consent)** – Wife initiates divorce by returning her dower/mahr.
* **Mubarat** – Mutual divorce by consent.
#### B. **Judicial divorce (via court)**
* Under the **Dissolution of Muslim Marriages Act, 1939**, a Muslim woman can seek divorce on grounds like:
* Husband's disappearance for 4 years
* Failure to maintain for 2 years
* Cruelty, impotence, insanity, etc.
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2. **Christian Law**
Divorce among Christians is governed by the **Indian Divorce Act, 1869**, which was amended in 2001.
A. **Grounds for divorce** (Section 10)
* Adultery
* Cruelty
* Desertion (for at least 2 years)
* Conversion to another religion
* Insanity, leprosy, or venereal disease
* Non-resumption of cohabitation after judicial separation
B. **Mutual consent divorce**
* Permitted under Section 10-A of the Indian Divorce Act
* Parties must live separately for **at least one year**
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3. **Parsi Law**
Divorce for Parsis is governed by the **Parsi Marriage and Divorce Act, 1936**, amended in 1988.
A. **Grounds for divorce** (Section 32)
* Adultery
* Cruelty
* Desertion (for 2 years or more)
* Unsoundness of mind
* Impotency
* Conversion to another religion
* Willful refusal to consummate marriage
* B. **Mutual consent divorce** (Section 32B)
* Introduced in the 1988 amendment
* Parties must have lived separately for **one year**
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4. Special Marriage Act, 1954 (Secular Law)**
* Applies to **interfaith or civil marriages**
* Grounds for divorce are similar to those under Christian and Parsi laws
* Provides for **mutual consent divorce** after one year of separation (Section 28)
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