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Divorce and Mutual Consent Divorce

Divorce Page 1
Divorce Page 2
Divorce Page 3
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Mutual Consent Divorce
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Hindu Marriage Act
Dissolution of Muslim Marriages Act
Divorce Act
Parsi Marriage and Divorce Act
Special Marriage Act
Foreign Marriage Act



Divorce Page - 2


Q2. Who can file Divorce Petition under the provisions of The Hindu Marriage Act, 1955?

A.
    
Following are the persons who can file Divorce Petition under the provisions of The Hindu Marriage Act, 1955 provided they had performed their marriage as per the provisions of The Hindu Marriage Act, 1955, and / or The Arya Marriage Validation Act, 1937, and / or The Anand Marriage Act, 1909
          (a) 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) Any person who is a Buddhist, Jaina or Sikh by religion,
          (c) Any person domiciled in India and who is not a Muslim, Christian, Parsi or Jew by religion,
          (d) Any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.



Q3. Which law governs the divorce of persons married under Muslim, Christian, Parsi religion?

A.
    
For persons married under Muslim Personal Law (Shariat), Muslim Personal Law (Shariat) is applicable to their divorce as per provisions of The Muslim Personal Law (Shariat) Application Act, 1937.
     Further, the provisions of The Dissolution of Muslim Marriages Act, 1939 specify additional grounds on which a Muslim Women can seek divorce from their Muslim Husband.
     For Christians domiciled in India and married in accordance with the provisions of Indian Christian Marriage Act, 1872, The Divorce Act, 1869 specifies the grounds of divorce for Christian who are domiciled in India.
     For Parsi married in accordance with the The Parsi Marriage and Divorce Act, 1936, the same specifies the grounds of divorce for Parsi.


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Last Updated: 18 July 2010