divorce

Divorce ends a valid marriage; nullity declares that no valid marriage existed. For Hindus, s.13 of the Hindu Marriage Act, 1955 gives fault grounds (adultery, cruelty, desertion for two years, conversion, unsound mind and others), and s.13B allows divorce by mutual consent after a year's separation. The Special Marriage Act, 1954 (ss.27 and 28), the Dissolution of Muslim Marriages Act, 1939, the Indian Divorce Act, 1869 and the Parsi Marriage and Divorce Act, 1936 govern other communities.

Muslim law also recognises talaq, khula and mubarat. In Shayara Bano the Supreme Court set aside instant triple talaq (talaq-e-biddat); the Muslim Women (Protection of Rights on Marriage) Act, 2019 makes it void and punishable. Naveen Kohli recommended irretrievable breakdown as a statutory ground.

Example

The husband's three-year absence without cause gives the wife a ground for divorce under s.13(1)(ib) HMA for desertion.

In Indian law

• Sections 13 and 13B, Hindu Marriage Act, 1955
• Shayara Bano v. Union of India, 2017 INSC 785
• Naveen Kohli v. Neelu Kohli, 2006 INSC 157

See also

desertion · degrees of prohibited relationship · deferred dower · domestic violence

Read more in the study notes

• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Conciliation under industrial, family and marriage laws (Alternative Dispute Resolution Systems)
• Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)
• Relevance of judgments of courts (sections 34 to 38) (Bharatiya Sakshya Adhiniyam)
• Opinions of third persons: experts, handwriting, the Examiner of Electronic Evidence, custom and relationship (sections 39 to 45) (Bharatiya Sakshya Adhiniyam)
• Privileged communications (Bharatiya Sakshya Adhiniyam)