Divorce cases in India are governed by different laws depending on the religion of the couple. The most common laws governing divorce in India are the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Indian Divorce Act, 1869 ¹.
Types of Divorce in India
- Contested Divorce: When one spouse files for divorce and the other contests it, leading to a lengthy and bitter legal battle ¹.
- Mutual Divorce: When both spouses agree on the terms of separation and file a joint petition, making it a less time-consuming and more amicable process ¹.
- Void and Voidable Marriages: Marriages that are legally invalid or can be annulled, such as those done forcefully, without consent, or if either party was already married ¹.
Grounds for Divorce in India
- Adultery: Sexual intercourse with a person other than the spouse ².
- Cruelty: Physical or mental cruelty ².
- Desertion: Abandonment of the spouse without reasonable cause ².
- Conversion to another religion: Conversion to another religion, making the marriage invalid ².
- Unsoundness of mind: Mental incapacity to fulfill marital obligations ².
Landmark Judgments on Divorce in India
- Mohanlal v. Smt. Pushpaben (1973): Established the principle that the irretrievable breakdown of marriage is a ground for divorce in India ¹.
- Mohd. Ahmad Khan v. Shah Bano Begum (1985): Set a precedent for maintenance rights for Muslim women ¹.
- Sarla Mudgal v. UOI (1995): Held that a Hindu marriage could only be dissolved under the Hindu Marriage Act, even if one spouse converts to Islam
