BHAWNA ARORA
India’s divorce laws are complex and encompass a variety of legal provisions, procedures, and grounds for divorce. A comprehensive study of India’s divorce laws involves an examination of the legal framework, key legislations, grounds for divorce, procedural aspects, and the impact on various aspects of marriage dissolution.1. Legal Framework: India’s divorce laws are primarily governed by two main legislations: a. The Hindu Marriage Act, 1955: This act applies to Hindus, including Buddhists, Sikhs, and Jains. b. The Special Marriage Act, 1954: This act applies to individuals of all religions who wish to marry or divorce under a civil law framework.2. Grounds for Divorce: Under the Hindu Marriage Act, the grounds for divorce include: a. Adultery: When a spouse engages in voluntary sexual intercourse with someone other than their spouse. b. Cruelty: If a spouse subjects the other to physical or mental cruelty, making it impossible to live together. c. Desertion: When a spouse abandons the other without any reasonable cause for a continuous period of at least two years. d. Conversion: If a spouse converts to another religion. e. Mental Disorder: If a spouse suffers from a mental disorder or incurable insanity for a prolonged period. f. Virulent and Incurable Disease: If a spouse suffers from a communicable disease that is incurable or likely to cause harm. g. Presumption of Death: When a spouse has been missing for seven years or more and is presumed dead.The Special Marriage Act allows for divorce on similar grounds, but the parties need not belong to the same religion.3. Procedures for Divorce: Divorce proceedings in India involve the following steps: a. Filing a Petition: The spouse seeking divorce files a petition in the appropriate family court. b. Mediation and Counseling: The court may refer the parties to mediation or counseling to explore the possibility of reconciliation. c. Trial and Evidence: If reconciliation attempts fail, the court conducts hearings, examines evidence, and hears witnesses. d. Decree of Divorce: If the court finds grounds for divorce, it grants a decree of divorce, dissolving the marriage.4. Impact on Marriage Dissolution: Divorce in India affects various aspects, including: a. Child Custody: Courts determine custody and visitation rights based on the best interests of the child. b. Alimony and Maintenance: The court may award alimony or maintenance to the financially weaker spouse for their support. c. Property Division: Courts consider factors such as contributions, ownership, and needs while dividing marital property. d. Mutual Consent Divorce: Parties can also seek divorce through mutual consent, where both agree to dissolve the marriage amicably.An in-depth study of India’s divorce laws should involve examining relevant legal provisions, case law precedents, scholarly articles, and consulting legal experts to gain a comprehensive understanding of the subject matter.
