Divorce Under Indian Laws
- YourLawArticle
- 1 day ago
- 2 min read
Written by : Sourav Sahu, B.A.LL.B, Birla Global University
Abstract
India, the country which is recognised all over the world for not only its vast size of land but also its rich culture and diversified community, stands as the best epitome of a secular and democratic land. Different communities, though united as Indians, abide by their customs and regulations. Hence, when it comes to the matter of divorce, our constitution facilitates us with a diverse set of laws based on religion. This research paper discusses a brief of multiple Indian statutes, including the Hindu Marriage Act, 1955; the Muslim Personal Law (Shariat) Application Act, 1937; the Indian Divorce Act, 1869; the Parsi Marriage and Divorce Act, 1936 and the Special Marriage Act, 1954. Not only does it provide information about the legal provisions, but it also gives us a great understanding of the reasons for the increasing rate of divorce in our country. This research has looked through both fault-based and no-fault divorce mechanisms, such as mutual consent, cruelty, desertion, adultery, and irretrievable breakdown of marriage. It also explores the role of the judiciary, gender justice, recent judicial interpretations, and the need for a Uniform Civil Code. Landmark cases such as Mohd. Ahmad Khan v. Shah Bano Begum, Saroj Rani v. Sudarshan Kumar Chadha, Naveen Kohli v. Neelu Kohli, Sureshta Devi v. Om Prakash, and Amardeep Singh v. Harveen Kaur are also briefed. Overall, this paper tries to answer many queries and provide a comprehensive understanding of Indian laws on divorce while including the cultural, historical, and global aspects involved.
Key words - Divorce; Grounds; Marriage; India; Hindu Marriage Act 1955; the Special Marriage Act, 1954; the Muslim Personal Law (Shariat) Application Act, 1937; the Indian Divorce Act, 1869; the Parsi Marriage and Divorce Act, 1936.
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