Divorce has always been a sour topic in our society, but the divorce rate has shown a major leap in the past decade. In this article, we are trying to raise awareness about the different types of divorce in India. As India is a mix of religions and cultures, so is Indian law on divorce. The laws of divorce vary from religion to religion and culture. Go through the complete article to know about the different types of divorce in India.
Types of Divorce in India
There are mainly 6 types of divorce in India: mutual consent divorce, contested divorce, divorce under the Hindu Marriage Act, Divorce under the Muslim Marriage Act, Christian & Parsi divorce, and child marriage divorce. Check the details related to these types of divorce below.
Mutual Consent Divorce
As the word describes, mutual consent divorce refers to the type where both parties mutually agree to get separated through divorce. This is the easiest way to get a divorce. In this, the husband and wife will have to live apart from each other and sort out money, kids, and home beforehand. Mutual Consent Divorce usually takes a time period of 6 to 18 months in India.
Contested Divorce
A contested divorce refers to a one-sided divorce where one of the parties wants to get separated, but the other party does not agree to get separated. The reasons for not agreeing to the divorce can be many, like kids, money, property, the right to live with dignity, and more. Most of the contested divorce is due to reasons like:
- Adultery (cheating)
- Cruelty (physical or mental abuse).
- Desertion (leaving home for 2+ years without reason).
- Conversion to another religion.
- Mental illness or incurable disease.
Divorce under the Hindu Marriage Act
Divorce under the Hindu Marriage Act, 1955 (HMA), lets Hindus, Buddhists, Jains, and Sikhs legally end their marriage. Section 13 lists grounds like cheating (adultery), cruelty (physical or mental hurt), leaving home for 2 years (desertion), changing religion, serious mental illness, leprosy, or giving up worldly life. Wives get extra reasons: husband’s second marriage, forced sex, unnatural acts, no living together after court order, or child marriage she rejects before 18. For mutual consent divorce (Section 13B), both agree after 1 year apart and settle money (alimony), kids (custody), and property. Courts put the child’s welfare first under Section 26, often giving moms young kids. New rulings allow divorce if the marriage is totally broken (irretrievable breakdown). Other options include judicial separation (Section 10) or restoring married life.
Divorce under the Muslim Divorce Act
Divorce under Muslim law in India isn’t governed by a single “Muslim Marriage Act” but by personal Sharia laws and the Dissolution of Muslim Marriages Act, 1939 (for wives seeking judicial divorce). Key types include Talaq (husband-initiated: revocable in the iddat period, but triple Talaq has been banned since 2019 with a 90-day cooling-off), Khula (wife offers compensation like mahr to end the marriage), Mubarat (mutual consent divorce), and Faskh (court-granted to the wife on grounds like cruelty, desertion for 4 years, husband’s imprisonment for 7+ years, impotence, non-maintenance for 2 years, or failure in marital duties for 3 years under Section 2). These reflect Islamic principles adapted to Indian law, prioritizing reconciliation where possible
Christian Divorce Laws
Christians in India follow the Indian Divorce Act of 1869 for divorce. Grounds include adultery (even the “incestuous” type), cruelty, desertion for 2 years, conversion to another faith, incurable mental illness, leprosy or venereal disease, and presumption of death after 7 years missing. Wives have extra reasons, like rape, sodomy, or bestiality by their husbands. Mutual consent divorce (Section 10A, added 2001) needs 2 years of separation and agreement on alimony/child custody. File in the district court; prove faults with evidence.
Parsi Divorce Laws
Parsis use the Parsi Marriage and Divorce Act, 1936 (updated 1988). Grounds match Christians: adultery, cruelty, desertion (1 year), impotence, mental issues, and more, plus unique ones like bigamy or guardianship disputes. Mutual consent is allowed after 1 year apart. Special Parsi Chief Matrimonial Courts in Mumbai handle cases; others go to family courts. Emphasises proof and the child’s welfare.
Child Marriage Divorce
Child marriage in India is illegal under the Prohibition of Child Marriage Act (PCMA) 2006; girls under 18 and boys under 21 can’t marry. But if it happens, child marriage divorce is easy for the minor.
- For Hindus: Under the Hindu Marriage Act Section 13(2)(iv), a girl married before 15 can say “no” (option of puberty) anytime after 15 but before 18. No need to prove cruelty; just file to end it.
- General Rule: PCMA Section 3 makes it voidable. The child (now adult) asks the family court to cancel it. Courts give maintenance and child custody if the kids are involved.
- Other Religions: Muslim wives use Faskh for cruelty; Christians/Parsis treat it as voidable on impotence or fraud.
Other Options for Divorce in India
Check the alternative to divorce in India below:
- Judicial separation is a court order under the Hindu Marriage Act Section 10 (or similar laws like the Special Marriage Act Section 22) that lets spouses live apart legally without ending the marriage. You file a petition in family court citing grounds like adultery, cruelty, desertion (2 years), or conversion, the same as divorce grounds. Once granted, neither spouse must cohabit, but you’re still married, so no remarriage. Courts can cancel it later if reconciliation happens. It’s often a step before full divorce, with alimony and child custody sorted separately.
Annulment declares the marriage never existed (void ab initio) under HMA Sections 11-12 for issues like bigamy, prohibited relationships, impotence, fraud, force, or child marriage (girl under 15 rejecting via “option of puberty”). File soon after discovering the flaw; the court voids it after proof. No alimony usually, but maintenance is possible if kids are involved.