Indian Divorce Law- There exists a comprehensive statutory framework governing matrimonial and intra-family disputes in India, which varies according to the personal laws by which the parties governed by. In matrimonial matters between husband and wife, the applicable law is primarily determined by the religious community by which the parties belong. In India the Hindu families are governed by Hindu laws and the Muslim families are governed by Muslim laws.

For example, in respect to the Hindus, matrimonial and allied family relations are governed, inter alia (among other things), by the following enactments.

1.    The Hindu Marriage Act, 1955.

2.    The Hindu Succession Act, 1956.

3.    The Hindu Minority & Guardianship Act,1956.

4.     The Hindu Adoption and Maintenance Act, 1956.

The Hindu Marriage Act, 1955: The Hindu marriage act applies to all persons professing the Hindu religion, including inter alia Buddhists, Jains, and Sikhs and applies to marriages solemnized between parties.  Both the parties must be Hindu in religion for the applicability of Hindu Marriage Act, 1955.

Section -2 of the Hindu Marriage Act explains the applicability of Hindu Marriage Act as below;

 

Section 2 in The Hindu Marriage Act, 1955

 Application of Act. – 1. This Act applies

(a)             to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj.

(b)            to any person who is a Buddhist, Jaina or Sikh by religion, and.

(c)             to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation. - The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be: -

(a)             any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b)            any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and

(c)             any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.

2. Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

3. The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

 

Section -5 of the Hindu Marriage Act explains the conditions applicable on the parties who are governs by Hindu laws are as below;

 

5. Conditions for a Hindu marriage. -A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: -

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party –

(a)             is incapable of giving a valid consent to it in consequence of unsoundness of mind;

(b)           though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c)             has been subject to recurrent attacks of insanity ***;

(iii) the bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

The Hindu Marriage Act, 1955

It is codified enactment regulating the institution of marriage, its dissolution and allied matrimonial remedies amongst the Hindu couples. The act provides substantive and procedural provisions for the preservation of matrimonial ties as well as for their legal termination of the relation or Divorce. Inter alia, the Act provides the following remedial and substantive provisions available for the Hindu couples. Section-9 of the Act, enables either spouse to seek a decree directing the other party to resume cohabitation, also preserves the marital union where withdrawal has occurred without reasonable excuse. Section-10, provides for judicial separation without dissolution of the marriage or without divorce. The section allows the parties to live apart for a specified period of time to facilitate possibility of reconciliation, without severing the marital bond. Section-11, explains the conditions under which a marriage is void ab initio (from the beginning), including bigamy and prohibited degrees of relationship. Section-12 delineates the grounds upon which marriage may be declared voidable at the instance of the aggrieved party. Section-13(1) and 13(2) provides for contested Divorce on specified fault-based and breakdown grounds. Whereas Section- 13B deals with the divorce by Mutual consent. Section-24 explains maintenance and expenses of proceedings. This section empowers the court to award pendente lite maintenance and litigation expenses to the spouse lacking independent income. Section-25 provides substantive law for the grant of permanent alimony and maintenance at the time of awarding the decree of divorce, judicial separation, or nullity. Section-26 regulating with the custody, maintenance and education of minor children born out of the marriage.