What are the rules of getting a divorce?
04-Jul-2021 | Article by Legal White Official
India is home to the people belonging to a number of faiths, however the major religions in India being Hinduism, Islam and Christianity. It is needless to say that marriage and divorce happens for people of different faiths differently. Due to this fact, there arose a need to have a law which could regulate marriage and divorce under different religions and at the same time, the law shouldn’t also violate the religious sanctity.
Keeping in mind, there were several Acts and laws which were passed for different religions, such as “Hindu Marriage Act 1955”, Divorce Act 1869 for Christians etc. Though the major part rules and law remains the same for all, there are several changes made to each law as per the beliefs of the religion. Divorce has been broadly divided into two types, one is mutually consensual divorce which means, that both the partners agree to get a divorce and it is the easiest form of divorce. It is quick and simple. The second type is non – consensual divorce in which one of the partners wants divorce while the other may not.
There are certain rules specified by the law over which a divorce is granted. Let us now discuss some of the major and common rules and ground of getting a divorce under the Indian law which may be applicable for a person for any religion:
- Adultery – If either of the partners is living or is engaged in any physical relationship with another person while being married, this is considered as adultery. This is regarded as sufficient ground for divorce people of all faiths except Muslims.
- Abuse – If the husband is showing any signs of cruelty or is abusing the wife, it is a strong case for seeking divorce, it is important to understand that, abuse or cruelty can be physical, mental, psychological or even financial. As the rise in case of domestic violence, this is quite common reason for divorce.
- Desertion – Desertion happens when either of the partners leaves the other for a period of over two years. Divorce may be granted as the person who deserted has neglected his duties towards his wife and family.
- Conversion to another faith – If either of the spouse converts to another religion, it is a strong ground for divorce under the divorce laws in India.
- Renunciation – If either of the spouses ventures out for any spiritual or religious journey without mutual consent, divorce can be permitted.
- Bigamy – Under the divorce laws in India, no man (except Muslim man as they can have up to four wives at a time) is permitted to marry other women while being already married with his first wife.
- Rape – Any form of non – consensual sexual act can become enough reason for seeking a divorce, this also includes sodomy as well as bestiality. Apart from this is also a crime under Indian Penal code.
In the end, it is a duty of everyone to be aware of at least some of the basic rules so that one can be sure of their rights as well as duties.