Family Matters Cases Lawyer In Delhi
In India, divorce laws are governed by different acts depending on the religion of the parties involved. Below is a comprehensive overview of divorce laws in India with related sections and articles.
📚 1. Hindu Marriage Act, 1955 (Applicable to Hindus, Buddhists, Jains, and Sikhs)
✅ Grounds for Divorce (Section 13)
Either spouse can file for divorce on the following grounds:
Adultery – Voluntary sexual intercourse with someone other than the spouse.
Cruelty – Physical or mental cruelty by the spouse.
Desertion – Continuous desertion for at least 2 years.
Conversion – Conversion of one spouse to another religion.
Mental Disorder/Insanity – Unsoundness of mind making normal married life impossible.
Leprosy – Incurable and virulent form of leprosy.
Venereal Disease – Communicable disease that is incurable.
Renunciation – Renouncing the world for a religious order.
Presumption of Death – If the spouse is not heard of for 7 years.
🤝 Mutual Consent Divorce (Section 13B)
Both parties must agree to dissolve the marriage.
Cooling-off period: Minimum 6 months after filing, which may be waived by the court under certain circumstances.
A second motion can be filed after 6 months but within 18 months of the first motion.
⚖️ Additional Grounds Available to Women (Section 13(2))
A woman can seek divorce on additional grounds:
Husband has remarried while the first marriage is still subsisting.
Husband is guilty of rape, sodomy, or bestiality.
Husband has not cohabited with her for at least 1 year after the maintenance order.
🕌 2. Muslim Law (Dissolution of Muslim Marriage Act, 1939)
✅ Modes of Divorce under Muslim Law
Talaq (By Husband)
Talaq-e-Sunnat: Revocable and consists of:
Ahsan: Single pronouncement of talaq followed by abstinence for the Iddat period.
Hasan: Three pronouncements in three successive periods.
Talaq-e-Biddat (Triple Talaq): Instant and irrevocable divorce, now banned by the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Khula (By Wife)
Wife seeks divorce by returning Mahr (dower) to the husband.
Mubarat (By Mutual Consent)
Both parties mutually agree to dissolve the marriage.
Faskh (Judicial Divorce)
Granted by the court on specific grounds, including cruelty, failure to provide maintenance, or impotence.
⚖️ Grounds for Divorce by Wife Under Dissolution of Muslim Marriage Act, 1939
Husband’s whereabouts unknown for 4 years.
Failure to provide maintenance for 2 years.
Husband sentenced to imprisonment for 7 years or more.
Husband’s impotence at the time of marriage.
⛪ 3. Indian Divorce Act, 1869 (Applicable to Christians)
✅ Grounds for Divorce (Section 10)
Adultery.
Conversion to another religion.
Cruelty.
Desertion for 2 years or more.
Insanity or incurable mental disorder.
Venereal disease in a communicable form.
Presumption of death after 7 years.
⚖️ Mutual Consent Divorce (Section 10A)
Mandatory separation period of 2 years before filing for mutual consent divorce.
🕉️ 4. Parsi Marriage and Divorce Act, 1936
✅ Grounds for Divorce (Section 32)
Non-consummation of marriage within 1 year.
Unsound mind or mental illness for 2 years.
Pregnancy by another man before marriage.
Cruelty, desertion, or adultery.
Venereal disease or leprosy.
⚖️ Mutual Consent Divorce (Section 32B)
Divorce by mutual consent after separation for 1 year.
🔖 5. Special Marriage Act, 1954 (Applicable for Inter-religious Marriages)
✅ Grounds for Divorce (Section 27)
Adultery.
Cruelty.
Desertion for 2 years or more.
Conversion to another religion.
Unsound mind or incurable mental disorder.
Venereal disease or leprosy.
Presumption of death after 7 years.
⚖️ Mutual Consent Divorce (Section 28)
Both parties can file for divorce with mutual consent after 1 year of marriage.
🛡️ 6. Maintenance and Custody Post-Divorce
Section 125 CrPC: Provides maintenance to the wife, children, and parents if unable to maintain themselves.
Hindu Adoption and Maintenance Act, 1956: Maintenance to wife during and after divorce.
Muslim Women (Protection of Rights on Divorce) Act, 1986: Maintenance for Muslim women after divorce.
💡 7. Recent Developments and Key Points
Irretrievable Breakdown of Marriage: The Supreme Court has allowed divorce on this ground in exceptional cases.
Triple Talaq Ban (2019): Instant triple talaq declared unconstitutional.
Waiver of Cooling-off Period: The 6-month waiting period in mutual consent divorce can be waived under extraordinary circumstances.
🕰️ 8. Time Frame and Jurisdiction for Filing Divorce
Divorce petitions must be filed in the family court where:
Marriage was solemnized.
Spouses last resided together.
Respondent currently resides.
