P re s e ntati o n o n

Laws related to
DIVORCE
by Group 4

Department of Education
Faculty of Education and Psychology
۞Index
Introduction
Laws related to Divorce in India
Grounds, Provisions, Amendment,
New provisions
Impact of Divorce on Society
Conclusion
References
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 “I am no bird; and no net ensnares
me: I am a free human being with an
independent will.”
―   C h a r l o tt e B r o n t ë ,   J a n e E y r e
۞Introduction
 Divorce – Dissolution of a marriage or marital union

 Divorce is a necessary step

 Most difficult phase of life

 Only solution for family to live in peace

 The first recorded case – Anne Clark & Denis Clark

-January 5, 1643.

 After divorce – regain their premarital status

– can marry again 4

۞Introduction
 India is inhabited by various cultural and ethnic groups that
have their own characteristic attitude and approach towards
the question of matrimonial relationship.

 Each community is governed by its own personal law

codified or uncodified.

 There are separate Acts applicable to the Hindus, Muslims,

Christians, Jains etc. and a separate one was enacted by the
British Indian Legislature for the Parsi’s.
5
There are four different laws for different religious
1) Divorce among Hindus, Buddhists, Sikhs and Jains is governed
by the Hindu Marriage Act, 1955,

2) Muslims by the Dissolution of Muslim Marriages Act, 1939,

3) Parsis by the Parsi Marriage and Divorce Act, 1936 and

4) Christians by the Indian Divorce Act, 1869.

۞The Hindu Marriage Act, 1955
Divorce among Hindus, Buddhists, Sikhs and Jains

» An Act of the Parliament of India enacted in 1955.

» Main purpose - to amend and codify the law relating to marriage among Hindus
and others, codifying Sastrik Law, separation and divorce,
» This enactment brought uniformity of law for all sections of Hindus.

» Section 2 of the Act tells about the applicability of the Act.
» It is also applicable to the permanent residents of India and are not Muslims, Jews,
Christians, or Parsis by religion.
The grounds for divorce

⮚ Adultery - The respondent has had sexual intercourse with another male
or female.
⮚ Cruelty - The respondent has abused physically or mentally to the
petitioner.
⮚ Desertion - The petitioner has been deserted by the respondent for more
than two years.
⮚ Conversion to another religion - The Hindu respondent, has converted to
another religion.
The grounds for divorce

⮚ Unsound mind - The respondent diagnosed with the unsound mind since
the marriage, and it is impossible to carry normal married life.

⮚ Disease - The respondent diagnosed with the disease, which is a venereal

disease in a communicable form.
The grounds for divorce

⮚ Presumption of death - The respondent has not been seen alive for
more than seven years. There should not be the continuation of
cohabitation for at least one year after a decree of judicial separation.
There has been no restitution of conjugal rights between the parties for
one year after passing of the order.

⮚ Parties are sapindas of each other.

The grounds for divorce

A wife may seek a divorce on the following as well on following

the grounds:
⮚ After marriage, the husband is found guilty of rape, sodomy or
bestiality.
⮚ Cohabitation is not resumed within a year after an order for
maintenance.
.
The grounds for divorce

In addition to the above-said the grounds, marriage can be

declared void under the following circumstances:

⮚ If either party has a spouse living at the time of marriage.

⮚ Parties are within the degrees of prohibited relationship

AMENDMENTS

» The Marriage Laws (Amendment) Bill, 2010 to amend the Hindu Marriage
Act, 1955 and the Special Marriage Act, 1954 to making divorce easier on
ground of irretrievable breakdown of marriage was introduced in the
parliament in 2012.

» The Bill replaces the words "not earlier than six months" in Section 13-B
with the words "Upon receipt of a petition."
SECTION 13C.

 Making divorce easier on the ground of irretrievable breakdown ,

introduce in parliament in 2012.

 The bill replaces the words ‘not earlier than six months’ with the
words ‘upon receipt of a petition’
 Section 13 C,A decree of divorce may be presented to the district
court for irretrievable breakdown of marriage

 The parties have lived apart for a continuous period

 The court is satisfied then grant a decree of divorce

SECTION 13D.

 where the wife is the respondent to a petition, she may oppose the
grant of a decree because will result in grave financial hardship to
her

SECTION 13E.

 Section 13 E, adequate provision for the maintenance of children

born out of the marriage has been made
NEW PROVISION

 When couples approach the court for divorce under Section 13B (2) of the
Hindu Marriage Act, 1955, the court grants six months for rehabilitation.
 Section 13B (2) deals with divorce by mutual consent. The purpose behind
granting six months period was to save a marriage. However, now the
Supreme Court is of a contrary view.
 The lower courts are speeding up with the proceeding relating to divorce as
per the directions of the Supreme Court.
NEW PROVISION

 The discretion of waiving can come in play when the couple decides to
peacefully resolve their issues, including alimony, custody of a
child, and any other dispute.
 The Supreme Court is of the contrary view keeping in mind the
purpose of the period.
 The opinion is that the court should be possessed with the powers to
give parties immediate relief.
 Hindu Marriage Act, 1955 incorporated Monogamy and strictly prohibits a
Hindu from getting involved in a marital relationship with more than one
person.

 There are no restrictions imposed under the Hindu Marriage Act, 1955 in terms
of caste and communities.

 Hindu Marriage Act, 1955 removed any distinction under law of a marriage of
a maiden and a widow and both are treated equally under this law.

 Section 5 of Hindu Marriage Act, 1955 makes a marriage lawful only if the
groom has attained the age of 21 years at the time of marriage and bride has
attained the age of 18 years at the time of marriage.
OTHER INFORMATION

 In Ancient times, the concept of divorce was not known to anyone. They
considered marriage as a sacred concept. The husband and wife cannot
be separated from each other, their martial tie cannot be broken. Later the
concept of divorce came in the picture and established as a custom to put
the marriage to an end.

 According to the Arthashastra, marriage can end if dissolved by mutual

consent and should be unapproved marriage.
The Hindu Marriage Act, 1955 was intended to secure the rights
of marriage for the bride and groom who are Hindu and are bound
under the sacred bond of marriage under any ceremony.

 This act is binding to any person who is Hindu, Jain, Sikh and
Buddhists and is not a Muslim, Christian, Parsi and is governed
by some other law.
 The provision related to the concept of divorce was introduced by the
Hindu Marriage Act, 1955.

 The Hindu Marriage Act defines divorce as a dissolution of the marriage.

For the interest of the society, the marriage or the marital relationship
needs to be surrounded by every safeguard for the cause specified by law.
Divorce is permitted only for a grave reason otherwise given other
alternative.
۞ The Dissolution of Muslim Marriages Act, 1939
Divorce among Muslims

» The act received assent of the Governor-General on 17 March 1939.

» The 1939 act (Act No. 8 of 1939) is an act to consolidate and clarify the provisions of
Muslim Law relating to suits for dissolution of marriage by women married under Muslim
Law.
» In Muslim law, the wife can claim divorce under extrajudicial or judicial modes.
• The extrajudicial modes are Talaaq-i-tafweez and Lian.
• The judicial mode is by Dissolution of Muslim Marriages Act 1939.
» The act defines the grounds for divorce and the procedure for the purpose
» It extends to the whole of India [except the State of Jammu and Kashmir]
23
Grounds for decree for dissolution of marriage

A woman married under Muslim law shall be entitled to obtain a decree

for the dissolution of her marriage on any one or more of the following
grounds, namely:

that the whereabouts of the husband have not been known for a period
of four years
that the husband has neglected or has failed to provide for her
maintenance for a period of two years
Grounds for decree for dissolution of marriage

that the husband has been sentenced to imprisonment for a period of

seven years or upwards
that the husband has failed to perform, without reasonable cause, his
marital obligations for a period of three years
that the husband was impotent at the time of the marriage and
continues to be so
Grounds for decree for dissolution of marriage

that the husband has been insane for a period of two years or is suffering
from leprosy or a virulent venereal disease
that she, having been given in marriage by her father or other guardian
before she attained the age of fifteen years, repudiated the marriage
before attaining the age of eighteen years: Provided that the marriage has
not been consummated
that the husband treats her with cruelty, that is to say,
a) habitually assaults her or makes her life miserable by cruelty of
conduct even if such conduct does not amount to physical ill-
treatment, or
b) associates with women of evil repute or leads an infamous life, or
c) attempts to force her to lead an immoral life, or  
d) disposes of her property or prevents her exercising her legal rights
over it, or
e) obstructs her in the observance of her religious profession or practice,
or
f) if he has more wives than one, does not treat her equitably in
accordance with the injunctions of the Quran
MUSLIM ( WOMEN'S PROTECTION OF
RIGHTS ON MARRIAGE ACT, 2019)

New Instant Triple Talaak Bill.

۞ The Parsi Marriage and Divorce Act, 1936
Divorce among Parsis

• Parsi – the follower of Zoroastrianism migrated to India from Persia during the
eighteenth-century AD.
• They did not bring any law with them from Persia. They gradually started
adopting Hindu Laws and customs
• During the British period the judicial system established by the Englishmen in
India created a difference between the personal Law applicable to the Parsis in
the presidency town of Bombay, Calcutta and Madras and that applicable to
Parsis outside these towns
• In 1855, a Parsi Law Association was formed to prepare draft codes of
Parsi Personal Law in 1860 it submitted draft codes on inheritances
succession and matrimonial matters to the Legislative council of India.
• These developments resulted in the enactment of two statutes in 1865,
the Parsi Marriage and Divorce Act and the Parsi intestate succession
Act
 GROUNDS OF DIVORCE UNDER PARSI LAW

Provisions Grounds Relief

Adultery, fornication,
bigamy, rape, unnatural
offence
Section 32 (d) & Divorce or judicial separation

section 34
Section 32 (dd) & Cruelty
section 34
Divorce or judicial separation respectively
Section 32 (g) & section Desertion
34
Divorce or judicial separation
Section 32 (j) Conversion

Divorce or judicial separation

Section 5 Bigamy

 Divorce or judicial separation

Amendments

Sec 32-B added by the Amendment Act of 1988 provides for divorce by mutual
consent.

It says that, subject to the provisions of the Act, a suit for divorce may be filed by both
the parties to a marriage together on the ground that they have been living separately
for a period of one year or more, that they have not been able to live together and that
they have been mutually agreed that the marriage should be dissolved. A suit under
this section can only be filed after one year has lapsed since the date of marriage.
Changes introduced in the law of
divorce
Among the provisions that have been amended or newly added by 1988 Act are those
relation to following matters

 Marriage Age – 21 for male and 18 for female (Even if he or she has changed his or
her religion)

 Legitimacy of Children of invalid marriage;

 Reduction of number of delegates from seven to five.

 Incurable unsoundness of mind for a period of two years as a ground for divorce.

 Cruelty as a ground for divorce.

Changes introduced in the law of
divorce
· Non-resumption of cohabitation after a decree for separate maintenance for one
year (instead of three) as aground for divorce.

• Conversion to some other religion (not merely ceasing to be a Parsi) as a ground

for divorce.

 Mutual consent as ground for divorce.

Changes introduced in the law of
divorce
Equal rights of husband and wife to claim alimony pendent lite and permanent
alimony and maintenance from the other.

· Age for custody and maintenance of children increase from 16 to 18.

· Appeal from the Parsi matrimonial court to be heard by a bench of two judges

of the High Court (instead of One).

۞ The Indian Divorce Act, 1869
Divorce among Christians

 The law relating to marriage and divorce amongst Christian community in India is
regulated by the ‘Indian Christian Marriage Act, 1872’ and ‘The Divorce Act, 1869’.
 Prior to these enactments the laws relating to Christian marriage was greatly
influenced by the England and two Indian Acts 5 of 1852 and 5 of 1865.
 However, with the progressing Indian society these Acts were subject to amendments.
 The Divorce Act, 1869 was proposed on February 26, 1869 and came into
effect on April 1, 1869. This Act replaced the Divorce and Matrimonial
Causes Act which prevailed in India.
 Further, this Act of 1869 has undergone certain amendments.
 This extends to whole of India except for Jammu and Kashmir which has its
own Act read as “The Jammu and Kashmir Christian Marriage and Divorce
Act, 1957”, which governs both marriage and divorce of Christians there.
Provisions
 Chapter III of The Divorce Act, 1869 discusses about ground for ‘dissolution of marriage’ under s. 10
which have been amended in the year 2001 through Indian Divorce (Amendment) Act, 2001.
 The Indian Divorce Act, 1869 regulates the law relating to divorce of persons professing the Christian
religion and also other matrimonial clauses. This Act is applied if one of the parties to the proceedings
is a Christian. The Act is modelled on the English law of divorce (Section 7). Part III, Section 10 of
the Act provides the grounds on which a husband or a wife may petition for dissolution of marriage.
 The Indian Divorce Act, enacted a century ago contained certain harsh and discriminatory provisions,
for example, there is gender discrimination since for obtaining divorce husband only has to prove
adultery on the part of wife whereas the wife has to prove an additional matrimonial offence like
cruelty, desertion, conversion or bigamy along with adultery.
Grounds of divorce under Christians law
» Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment)
Act, 2001, may, on a petition presented to the district court either by the husband or the wife would be
dissolved on the ground that since the solemnization of the marriage, the respondent
» Has committed adultery
» Has ceased to be Christian by conversion to another religion
» Has been incurably of unsound mind for a continuous period of not less than two years immediately
preceding the presentation of the petition.
» Has for a period of not less than two years immediately preceding the presentation of the petition, been
suffering from a virulent and incurable form of leprosy.
» Has for a period of not less than two years immediately proceedings the presentation of the petition, been
suffering from venereal disease in a communicable form.
Grounds of divorce under Christians law

» Has not been heard of as being alive for a period of seven years or more by those persons who would
naturally have heard of the respondent if the respondent had been alive.
» Has wilfully refused to consummate the marriage and the marriage has not therefore been
consummated.
» has failed to comply with a decree for restitution of conjugal rights for a period of two years or
upwards after the passing of the decree against the respondent or dissolution of a marriage, the Court
shall satisfy itself, so far as it reasonably can, not only as to the fact alleged, but also whether or not
the petitioner has been in any manner accessory to, or connived at, the going through of the said form
of marriage, or the adultery, or has condoned the same and shall also enquire into any counter charge
which may be made against the petitioner.
Amendments
» As part of judicial reforms, Act of 1869 was subjected to amendment in the
year 2001 in the month of October. These amendments were required since
erstwhile Act of 1869 had, under s. 10, restricted the grounds on which a
Christian woman was allowed to seek dissolution of marriage / divorce since
even High Courts had even struck these down saying that they were in
contravention or violates art. 14 under Part III of the Constitution of India.
Similarly,17 and 20 of the Act was also amended to do away with the time
consuming and strenuous procedural requirement of obtaining confirmation
from the High Court in respect of a decree of dissolution of marriage as such a
procedure.
 New Provisions

On a plain reading it can be understood that the Act provides for two
categories of divorce. Divorce by statutory grounds under s. 10, and
divorce by mutual consent provided for under s. 10-A which was inserted
by the Amendment Act 2001.
Impact of Divorce on society

There are many of the common psychological and emotional effects divorce has
on men, women and children. The divorce rate in the United States is the highest in the
world. Over fifty percent of marriages end in divorce. There are three main causes of
divorce: the changing of a man and a woman's role, stress in modern living and the lack
of communication between the married couple.

  Financial difficulties are also one of the leading reasons of divorce. Couples
often face to fighting due to a reduction in on of the other partner’s income or the loss
in value in assets, are forced to address the cruel reality that they can no longer afford
to sustain their present marital lifestyle and must cut back.
Research say that Fifty percent of all children are children of divorce. Twenty-eight percent of all
children are born of never married parents. Divorce is expensive. Divorce as a process itself does
not influence a child negatively. However, disintegration of a family without any apparently acute
conflicts between parents can negatively affect the behaviour and success of the child.

 Poor Performance in Academic

 Loss of Interest in Social Activity
 Emotionally Sensitive
 Anger/Irritability
 Feelings of Guilt
 Divorce also has some positive effects for children.
Single parents are often closer to their children than married
parents were.  Often a separated parent will make an effort
to spend quality time with the children and pay attention to
their desires (Disneyland, small gifts, phone calls, etc). And
you can imagine that some children might find some benefit
in celebrating two Christmases and birthdays each year.

When children who experience divorce observe others they care about having difficulty, it often

resonates more, and they become more accepting of the various problems and situations experienced
by others.
Here are some of the experiences of men and women in divorce.

For women:
1. Women initiate divorce twice as often as men

2. 90% of divorced mothers have custody of their children (even if they did not receive it in court)

3. 60% of people under poverty guidelines are divorced women and children

4. Single mothers support up to four children on an average after-tax annual income of $12,200

5. 65% divorced mothers receive no child support (figure based on all children who could be eligible,
including never-married parents, when fathers have custody, and parents without court orders); 75%
receive court-ordered child support (and rising since inception of uniform child support guidelines,
mandatory garnishment and license renewal suspension)
6. After divorce, women experience less stress and better adjustment in general than do men.
The reasons for this are that (1) women are more likely to notice marital problems and to feel
relief when such problems end, (2) women are more likely than men to rely on social support
systems and help from others, and (3) women are more likely to experience an increase in
self-esteem when they divorce and add new roles to their lives.

7. Women who work and place their children in child care experience a greater stigma than
men in the same position. Men in the same position often attract support and compassion.
 For men:
1. Men are usually confronted with greater emotional adjustment problems than women. The reasons
for this are related to the loss of intimacy, the loss of social connection, reduced finances, and the
common interruption of the parental role.

2. Men remarry more quickly than women.

3. As compared to "deadbeat dads," men who have shared parenting (joint legal custody), ample time
with their children, and an understanding of and direct responsibility for activities and expenses of
children stay involved in their children's lives and are in greater compliance with child support
obligations. There is also a greater satisfaction with child support amount when negotiated in
mediation. Budgets are prepared, and responsibility divided in a way that parents understand.

4. Men are initially more negative about divorce than women and devote more energy in attempting to
salvage the marriage
They exhibit more health, behavioral,
and emotional problems, are involved
more frequently in and drug abuse, and
have higher rates of suicide. Children of
divorced parents perform more poorly
in reading, spelling, and math.
References
Our team members are
Vishal Jadav
Priyanka Jeswani
Mariyam Kapasi
Karishma Shukla
Aafrinbanu Kazi
Yogeshwari Khatri
Bhumi Langhnoja
Mansi Macwan
Shruti Macwan
Ankit Mandaviya