What does the Indian constitution say about divorce?

 Divorce is a significant decision that impacts every person’s life. Therefore, a lot of emotional and moral value is connected with divorce in India. Similarly, religion also plays a significant role in the complete process of divorce. Therefore, recognizing the need of people coming from different beliefs, the government of India has also made different laws for divorce approaches as per the religion. You can go to a divorce lawyer in Delhi to get professional assistance with the divorce procedure. Today, in this blog, we will discuss the different divorce laws in India.

Indian divorce act

There are several religions in India, and people follow their religious beliefs strictly, so every religion has different laws. Indian Divorce Act collectively covers them all. It includes the Hindu Marriage Act, Dissolution of Muslim Marriages Act, Special Marriage Act, and Christian Marriage Act. It was developed and implemented in 1869 and has undergone several amendments since then. These acts are designed by keeping in mind that different people from different religions will have specific expectations from the procedure.

Now let’s see what the grounds of divorce under different divorce acts are;

Hindu Marriage Act,1955

As per Hindu Marriage Act under Section 13, a partner can file for divorce if they have caught the other partner cheating. Adultery is recognized as a matrimonial offense in the Indian constitution. So this allows the partners to file for divorce.

Cruelty is also considered the ground for divorce. If a partner has shown mental, emotional, or physical cruelty to the other partner, it calls for a divorce. This includes making false allegations against the partner, demanding or extorting money, not treating them properly, misbehaving with the parents, living a sinful life, etc. Other grounds are desertion, conversion, insanity, leprosy, etc.

Muslim Law

As per the dissolution act of 1939, Muslim couples can ask for a divorce by judicial process. They have a lien and fask for this process. A wife can apply for a divorce if he is missing for 4 years, is impotence, is imprisoned for 7 years, is unsound for a minimum of 2 years, have a venereal disease, or is cruel to his wife. Then, there is an extra-judicial process that provides the right to ask for a divorce from the husband. Divorce by mutual consent is called Khula or Mubarat.

Christian law

As per Section 10A of the Indian Divorce act, the Christian community can go for divorce in two forms: mutual and contested. The grounds for divorce are unsound mind, adultery, desertion for 2 years, cruelty, leprosy, and missing spouse for 7 years.

Parsi law

Parsi Marriage and Divorce Act, 1936, says that a divorce can be granted as per Sections 30, 31, and 32. This states the ground for divorces, such as the spouse is in imprisoned for one year, desertion for 2 years, change of religion, unsound during the time of marriage, cruelty, and venereal disease.

Conclusion

Divorce is a tough decision for anyone’s life. This changes every aspect of the way a person lives. It also affects the future of that person. That’s why it is essential to know everything about it before proceeding. For professional assistance, it is best to get advice from the best divorce lawyer in Delhi.

Reference Link (Originally Posted): https://karunasharmadelhi.edublogs.org/2022/12/08/what-does-the-indian-constitution-say-about-divorce/