Various Divorce Laws in India | Consult Expert Divorce Lawyer in Delhi
Various Divorce Laws in India | Consult Expert Divorce Lawyer in Delhi
Latest news April 07, 2020 374
Various Laws of Divorce in India
In India there is no common law in respect of matters like Divorce, Nullity of Marriage, Annulment of Marriage, Restitution of Conjugal Rights and the law applicable to the parties depends upon their religion.
To put it precisely,
Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage Act, 1955.
Divorce among Christians is governed by the Indian Divorce Act, 1869.
Divorce among Parsis is governed by the Parsi Marriage and Divorce Act, 1936.
Divorce among Muslims is governed by their customary (Islamic texts) law for men and by the Dissolution of Muslim Marriage Act, 1939 for women.
Divorce among couples who got marriage under the provisions of Special Marriage Act, 1954 is governed by the provisions of the Special Marriage Act, 1954 itself irrespective of religion of parties.
Thus, a party desiring to file above mentioned petition (including divorce) has to look into the provision of the Act which is applicable to them. For example, if the parties are Hindus and their marriage was solemnized as per their customs (as provided in the Hindu Marriage Act, 1955) the law of divorce including the place of filing the petition would be governed by the Hindu Marriage Act, 1955; however, if they got married as per the Special Marriage Act, 1954 their divorce shall be governed by that Act only. Similarly, Christian whose marriage got solemnized as per their customs (as provided in the Indian Christian Marriage Act, 1872) would be governed by Indian Divorce Act, 1869 for the purpose of Divorce and place of filing divorce petition, if they got married as per the Special Marriage Act, 1954 their divorce too shall be governed by that Act (Special Marriage Act) only.
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