The marriage can be dissolved by taking divorce. If one of the parties to marriage can be solemnization of the marriage, commited to matrimonial offences. The offence must be one that is recognised as a ground of divorce. This implies that the parties, though free to enter into a marriage ceremony are not equally free to get out of it. The marriage could be dissolved only on certain grounds prescribed by law. The guit theory theory, on the other hand, implies, a gulity party, ie. commission of matrimonal offence on the part of one of the parties to the marriage and on the other hand, it implies that the party is innocent, in no way a party to, or responsible for the offence of the guilty party. A divorce happens after a husband and wife decide not to live together anymore and that they no longer want to be married to each other. They agree to sign legal papers that make them each single again and allow them to marry other people if they want to.

A divorce is among the most traumatic occurrences for any couple. To add to this, it can also be a long-winded and costly affair in India if divorce is contested. Even couples who mutually agree to the divorce, however, must prove that they have been separated for a year before the courts consider their plea.

In India, as with most personal matters, rules for divorce are connected to religion. Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. All civil and inter-community marriages are governed by the Special Marriage Act, 1956.

A spouse can initiate to give a legal notice for divorce to the other spouse before ending the husband and wife relationship.

Divorce is the process of separation through legal intervention. A decree of divorce that is granted by the family court or local district court allows for the separation of the parties as the marriage has been dissolved. Once the divorce is granted the parties are free to re-marry, if so they wish. Divorce in India is governed by personal laws and depend upon the religion of the parties. Hindus are governed by Hindu Marriage Act, 1955. Muslim women are governed by Dissolution of Muslim marriages. Christians are governed by Indian Divorce Act, 1869. For inter-caste and inter-religious marriages provisions of Special Marriages Act, 1954 is applied. Despite the personal law one might follow there are some grounds that are applicable universally. It’s important to understand divorce law in India. To allow for the petition of divorce to be executed smoothly, the law lays down two kinds of divorce.

Divorce by mutual consent is granted when both the spouse mutual decide to separate. Section 13B of Hindu Marriage Act, 1955 and Section 28 of Special Marriages Act, 1954 states that spouses need to be staying separately for over a period of one year to be able to file for divorce by mutual consent. Section 10A of India Divorce Act, which governs Christian marriages in India state that the spouses have to be separated for a period of two years to file for divorce by mutual separation.


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