If you are dealing with the emotionally painful process of separation, don’t feel that you are going through this alone. Many couples in India go through that same process, and choosing the right legal words will affect how fast, fair, and peaceful it will turn out to be.
This guide will offer information about the different types of divorce applicable in India such as Hindu, Islamic, Christian, Parsi, and Special Marriage laws, case laws, and practical issues associated with it.
Different Types of Divorce
When We Both Want to Move On: Divorce Under Hindu Law
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If you’re Hindu, Buddhist, Jain, or Sikh, your divorce will be governed by the Hindu Marriage Act, 1955. Here’s what you need to know:
When Both Partners Agree: Mutual Divorce Process under Hindu Marriage Act (Section 13B)
“We didn’t want to go to court over it, even though my partner and I realized it wasn’t working anymore. Mutual consent gave us a clean, respectful closure.”
You can apply jointly after being separated for at least a year.
Steps:
- First Motion: File the joint petition.
- Second Motion: After 6 months (can be waived), reconfirm and get the divorce decree.
Case Law:
Amardeep Singh v. Harveen Kaur (2017):
The Supreme Court allowed skipping the 6-month period if the couple had already been apart for long.
When Only One Partner Wants Out: Contested Divorce (Section 13)
Common Grounds:
- Adultery (no more a crime)
- Cruelty (even mental cruelty counts)
- Desertion (2+ years)
- Conversion of religion
- Mental illness or contagious disease
- Renunciation or disappearance (7+ years)
Case Law: Naveen Kohli v. Neelu Kohli (2006):
The Supreme Court acknowledged irretrievable breakdown as a valid reason.
“My Rights as a Muslim Woman Were at Stake”: Divorce Under Muslim Law
Islamic law allows both men and women specific rights in divorce. Many Muslim women today fight for their dignity and independence using these laws.
(a) Husband-Initiated Divorce: Talaq
- Talaq-e-Sunnat: Allows room for reconciliation.
- Talaq-e-Biddat (Triple Talaq): Declared unconstitutional.
Case Law: Shayara Bano v. Union of India (2017):
The Supreme Court of India declared the Triple Talaq as unconstitutional.
(b) Wife-Initiated Divorce
- Talaq-e-Tafweez: If the right was granted in the Nikahnama.
- Lian: For false accusations of adultery.
(c) Mutual Separation
- Khula: Wife returns Mehr to exit the marriage.
- Mubarat: Mutual agreement to separate.
“Khula gave me a dignified way out. The process was quicker and within the bounds of my faith.”
(d) Divorce via Court: Faskh
Under the Dissolution of Muslim Marriages Act, 1939, a woman can file for divorce if:
- Husband is missing (4+ years)
- No maintenance (2+ years)
- Cruelty or long-term imprisonment
“As a Christian Woman, I Needed Legal Support”: Christian Divorce Process in India
Christian couples divorce under the Indian Divorce Act, 1869.
(a) Mutual Consent Divorce: Section 10A
Allowed after 1 year of separation.
(b) Contested Divorce: Section 10
Grounds include:
- Adultery
- Cruelty
- Desertion (2+ years)
- Unsoundness of mind
- Conversion
Case Law: Ammini E.J. v. Union of India (1995):
The Kerala High Court ruled that adultery alone is a sufficient ground for Christian women to seek divorce.
“We Followed Our Own Faith Path”: How Parsis get Divorced in India
If you’re from the Parsi community, the Parsi Marriage and Divorce Act 1936 applies.
Grounds include:
- Adultery
- Bigamy
- Desertion (2+ years)
- Mental illness
- Non-consummation of marriage within a year
Cases go to Special Parsi Matrimonial Courts.
Case Law: Rustom Sorabji v. Mrs. Rustom (1988):
Cruelty includes both physical and emotional abuse.
Divorce Under Special Marriage Act, 1954
If you’re in an interfaith or civil marriage, this Act is your route.
(a) Mutual Consent: Section 28
Same as under Hindu law. Peaceful and fast if both partners agree.
(b) Contested Divorce: Section 27
Grounds include:
- Adultery
- Cruelty
- Desertion
- Mental Disorder
“We had different faiths, but the law gave us a neutral, fair process through the Special Marriage Act.”
How to Choose the Right Divorce Process in India?
Here’s a simplified guide based on real scenarios:
Are You Both in Agreement?
- Yes: Mutual consent divorce (6 months or less)
- No: Contested divorce (can take years)
Are You Facing Cruelty or Desertion?
File under your personal law or Special Marriage Act.
Are You in an Interfaith Marriage?
File under the Special Marriage Act.
Are You a Muslim Woman Without Maintenance?
File under the Dissolution of Muslim Marriages Act.
Final Thoughts: Don’t Fight Alone, Know the Law
Divorce is never easy, but understanding your rights under India’s religion-specific and secular laws can save you time, stress, and emotional trauma.
Whether you’re seeking mutual consent, facing abuse, or stuck in a long legal battle, consult a reliable divorce or family lawyer to take the best step forward.
“Divorce was the first step in regaining my dignity and tranquility, not its conclusion. Knowing the right law made all the difference.”
One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. What are the easiest and simplest ways to get divorced in India?
Mutual consent divorce, where both parties agree that the marriage has become untenable, is the simplest and quickest method. In about six months, it reaches a very fast conclusion without the hassle of long and tedious court battles.
2. Can a Hindu woman divorce her husband without requiring his consent?
Yes. A Hindu woman under Section 13 of the Hindu Marriage Act may file for divorce against her husband on the grounds of cruelty, desertion, adultery, or mental incapacity, without license from or the necessity of consent of her husband.
3. Is the practice of triple talaq valid in India?
No. The Supreme Court in Shayara Bano-2017 v. Union of India has held triple talaq to be unconstitutional. Hence, this mode of divorce has been declared to be invalid and ineffective.
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