Sep 28, 2017
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Divorce India: Trends And Causes for Divorce in India

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Divorce India

Divorce India article basically talks about the emerging trends of divorce and the causes which are directly or indirectly responsible for divorces in India.

The termination of solemnized marriage between the husband and wife stated as divorce. However it can also be termed as dissolution of marriage through the official decree of court. Finally,Divorce allows the couple to come back to the status as if they never married.

They become free to marry again. Divorce means the dissolution of marital relations, rights and obligations.

In India, as with most personal matters, rules for divorce India are connected to religion:

  • Divorce among Hindus, Buddhists, Sikhs and Jains  governed by the Hindu Marriage Act, 1955
  • Muslims by the Dissolution of Muslim Marriages Act, 1939
  • Parsis by the Parsi Marriage and Divorce Act, 1936
  • Christians by the Indian Divorce Act, 1869(Indian divorce amendment act,2001)
  • All civil and inter-community marriages governed by the Special Marriage Act, 1956
  • In marriages where either partner belongs to another nationality, governed by Foreign Marriage Act 1969

Before the amendment of different religious codified laws in India, only husband used to have the right to pronounce divorce to wife. And, stated as unconstitutional and against the fundamental rights of the wife.

Later, it was challenged under various grounds at different state level High Courts and also with Supreme court which later lead to codification of the religious personal laws in India.

Under this codification of religious personal law, wives were equally entitle to take divorce with that of her husband, the concept of mutual consent came into picture after the codification of various religious personal laws.

Recently after the Triple Talaaq judgement given by the  Honorable supreme court, the necessity for UCC (uniform civil code) has been once again came into the picture, judgement itself say that it is the high time for the country to introduce Uniform Civil Code in the country.

Featured Image courtesy Stevepb from used under the CCO Creative Commons License

Article Categories:
Divorce · Family Law

Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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