Divorce in India is governed by personal laws specific to an individual’s religion, rather than by the Indian Penal Code (IPC), which focuses on criminal offenses. Each personal law has its own set of procedures and grounds for divorce. Here’s a brief overview of how divorce is handled under different personal laws:

Hindu Marriage Act, 1955

  • Scope: This Act provides for divorce among Hindus.
  • Grounds for Divorce: Includes adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, or venereal disease. The most frequently cited grounds are cruelty and adultery.
  • Procedure: Divorce is granted through the family courts, and the process includes filing a petition, attending hearings, and obtaining a decree from the court.

Muslim Personal Law

  • Scope: Divorce in Islamic law is conducted through several methods:
    • Talaq: Divorce initiated by the husband.
    • Khula: Divorce initiated by the wife.
    • Mubaraat: Mutual consent divorce.
  • Procedure: The process and grounds for divorce can vary among different sects and schools of thought within Islam. Generally, the procedure involves pronouncements of divorce and sometimes, mediation.

Christian Marriage Act, 1872

  • Scope: Governs Christian marriages in India.
  • Grounds for Divorce: Includes adultery, desertion, cruelty, and conversion to another religion.
  • Procedure: The Act outlines the process for filing for divorce, including grounds, and the necessary legal procedures in family courts.

Parsi Marriage and Divorce Act, 1936

  • Scope: Regulates marriage and divorce among Parsis.
  • Grounds for Divorce: Includes adultery, cruelty, and desertion.
  • Procedure: Procedures for divorce are defined by the Act, and cases are handled by family courts.

Special Marriage Act, 1954

  • Scope: Provides a framework for civil marriages between individuals of different religions or those who do not wish to adhere to personal laws.
  • Grounds for Divorce: Includes cruelty, adultery, and desertion.
  • Procedure: The Act sets out the procedures for filing for divorce and is applicable to civil marriages.

Additional Considerations

  • Family Courts Act, 1984: Establishes family courts to handle divorce and other family-related matters.
  • Judicial Precedents: Various judgments by Indian courts also play a role in shaping divorce proceedings.

Divorce proceedings can be complex, with specific rules and procedures varying based on personal laws and individual circumstances. If you are considering divorce, consulting with a qualified family lawyer can provide you with tailored advice and guidance through the legal process. Legal requirements and procedures may evolve, so seeking current legal counsel is essential.