The word ‘divorce’ had not been defined under any statutory provisions but it could be defined as a legal dissolution of judicial ties established at marriages. Thus a divorce is also a seven lettered word, which separates the united couple at their own wish with their own consent. Thus divorce can be considered a means to break marriage that happens not just between two individuals but also between two families.

If we see in  common law countries, divorce is easier to be granted because-

Grounds on which divorce is granted have been progressively liberalized.

With time, the rules as to when the court has jurisdiction to grant divorce has been made more extensive.

Whether a decree of divorce (or other matrimonial reliefs) passed, is recognized in other countries or not?

For this, we would look into the international convention for matrimonial matters, ie.,-The Hague Convention on the Recognition and enforcement of divorce & legal separation, 1970.

Position in INDIA-

  1. Divorce in India is a matter of personal law.
  2. Hindu Marriage Act, 1955- For Hindus
  3. Dissolution of Muslim marriages Act, 1939- For Muslims
  4. Divorce Act 1869- divorce granted if either party to marriage is Christian.
  5. Special Marriage Act 1954- Persons married under this act can get divorce as per this act.

Persons married outside India, under Foreign Marriage Act, 1969, can obtain divorce under Special marriage Act, 1954 (unless some other statute would be specifically applied).

Under Hindu Marriage Act, 1955

Section 10- Judicial Separation

Section 11, 12- Nullity of Marriage

Section 13- divorce


Under special Marriage Act,1954-

This act enables the Indians belonging to different religions to marry each other, which is otherwise not possible, since-

  • Hindu law- marriage between Hindus
  • Parsi law- marriage between Parsis
  • Though Christians can marry non- Christian but only after the marriage was solemnized in church in accordance with Christian rites.
  •  Muslims could marry only a Kitabiya & Muslim women couldn’t marry non- muslim

After the amendment to Divorce act, 1869, the divorce granted was only to the persons domiciled in India. Therefore, it became a hurdle for the Britishers residing in India obtaining for divorce.

 Hence, English parliament enacted the Indian & Colonial Divorce Jurisdiction act, 1926, which conferred on chartered High courts in India, the right to entertain the petition for divorce for people domiciled in England & Scotland as well. This act remained in force till 1947.

 Lastly in 2001, after the Indian Divorce (Amendment) Act 2001 came into force on 3rd Oct. 2001, it was held that the High courts of India can not grant divorce to British subjects.

Leave a Reply


Healing Hemp CBD Gummies (Updated Reviews) Reviews and Ingredients

Healing Hemp CBD Gummies work to work on your wellbeing and health by saddling the private or business helpful properties of CBD Gummies. The recipe is likewise regular, so the method of activity is regular and there is no gamble to your wellbeing and prosperity because of any unfriendly impacts. A characteristic equation reestablishes wellbeing by […]

Read More

Healing Hemp CBD Gummies (Pros and Cons) Is It Scam Or Trusted?

What are Healing Hemp CBD Gummies? Healing Hemp CBD Gummies are a reasonable extraordinary and hearty course of activity. They incorporate present day and standard adornments to address or fix logical issues. You need to kill the cannabinoids from the plant with exorbitant mindfulness. It very well might be joined with first rate trimmings to […]

Read More

#1 Shark-Tank-Official Healing Hemp CBD Gummies – FDA-Approved

Healing Hemp CBD Gummies work to improve your health and wellness by harnessing the residential or commercial restorative properties of CBD oil. The formula is also natural, so the mode of action is natural and there is no risk to your health and well-being as a result of any adverse effects. It is a natural […]

Read More