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India derives a large area of law from various religious practices being a secular nation. One of the areas is the Laws on Divorce. Divorce is the process of terminating the marriage; this is the way from which both partners get their own way. Divorce can be with either mutual consent or without consent which is called contested Divorce.

The dissolution of marriage in different religions is according to their special laws. The following list lay down below to show which religion follows which act: 

·      Hindu Marriage Act, 1955                           -Hindus, Sikh, Buddhists and Jains.

·      Dissolution of Muslim Marriage Act, 1939  -Muslims.

·      Parsi Marriage and Divorce, 1936               -Parsis.

·      The Special Marriage Act, 1956                   -Between Two Religions

TYPES OF DIVORCE IN INDIA

1.     Divorce By Mutual Consent of The Parties

Under Section 13B of the Hindu Marriage Act, 1955, divorce by mutual consent has been defined. Mutual consent requires the consent of both parties at the same point. Mutual Divorce is a more mature step.

The decree of mutual divorce is passed within 1 year as it is mutually decided by both parties or couple and demanding for a fair and valid Divorce. In case of mutual divorce, there should be :

a.     Both the partners live separately for about one year or more.

b.     They faced issues in living together.

c.     Both have mutual consent for dissolving the marriage.

When above mentioned conditions are taken care then the court can pass the decree of Divorce by Mutual Consent. As per the provisions of Section 14 of Hindu Marriage Act, 1955 the parties can claim for one year of duration to present the petition of divorce on the basis of hardship or due to some other conflicts. But it’s clearly mentioned under Section 13B(1) of Hindu Marriage Act, 1955 that both parties were into the separation of one year before they presented their joint petitions for Divorce.

Certain conditions to be fulfilled when a court is bound to pass the Divorce decree which declares the marriage of both parties before it gets dissolved from date of decree effect:

After 6 months from the filing date of the Divorce petition, only then the second motion is to be made as per Sub-Section (1) & not after 18 months.

When the court hears from both parties and finds the assertion of the petition is true.

Before passing the Divorce decree neither party should withdrew the petition of Divorce.

Hitesh Bhatnagar Vs Deepa Bhatnagar (AIR 2011 SC 1637)

Both the Husband and Wife file a Divorce petition under Section 13B of Hindu Marriage Act, 1955 as the mutual consent of both the parties. And the both wanted to live separately but later on during the case the wife Deepa Bhatnagar withdrew her consent as she wanted to continue her marriage with his husband for their minor daughter and the decree of Divorce got dismissed as the decree now don’t stand on the provisions of Section 13B of Hindu Marriage Act, 1955.

2.     Divorce Without Mutual Consent (Contested Divorce)

The decree of Divorce which is based on the basis of Contested Divorce is not by mutual consent. In this decree a party file for th Divorce as they are suffering in the marriage and the Contested Divorce is not a got part of Divorce Law at all. As the reasons for filing, it can be serious or there are no other options. In the contested Divorce there can be a perspicuous base on which the divorce petition is made. Basically, in contested Divorce due to some activity of one partner another one is satisfied or happy with it and they can’t be in that situation forever so they file for Contested Divorce as in this no mutual consent is required.

Followings are the grounds on which the contested Divorce can be made:

a.     Brutality Or Cruelty

The term Brutality means getting harsh or going rough, or a partner is getting a victim of violence. Mostly in marriage a partner faces this most of the time that their partner is getting brutal to them physically and this is not safe at all. This can cause trauma to other partners in the marriage. This is one of the grounds for contested divorce.

b.     Adultery

When a partner gets to know that his/her partner has been aligned in another relationship outside of their marriage and been in physical relationship with another person i.e, referred as 3rd wheel in the marriage. Then a partner can file for the Divorce as this thing is not digestible for that partner or had a breakdown. As their own life partner is being indulge in an sexual intercourse. The party can claim for the Divorce on the ground of Adultery

c.     Desertion

In this separation of minimum 2 years at the time of filing the petition of Divorce and when without any reason one partner decides to abandon the other one. For a ruthless explanation for the Divorce. The abandoning party indicates to mean to abandon & there indicates for the proof of it.

d.     Transformation

When a life partner changes his/her religion the other one can go for the Divorce as per the contested Divore. There is no requirement for the explanation for whenever to go before the legal separation to be documented.

e.     Mental Disorder

When a life partner has gone unsounded or mentally disturbe which is incurable in nature and harmful for the other partner. Then the Divorce can be filed on the certain basis or conditions. And due to certain acts or reasons the marriage life can’t be continued.

f.      Assumption Of Death

When a life partner is missing or no one knows whether the person is alive or not. And at least for 7 years the person didn’t show up or be seen by anyone. Then the other partner can file for the Divorce as that person can’t be like this forever so they can file for the Divorce and get a legal Divorce announcement.

Chandra Mohan Khurana Vs Smt. Neeta Khurana (AIR 2006 Utr 47, I (2006) DMC 780)

In this case law the couple got married in 1988 and by the time 1989 the Husband aligned her wife for cruelty and misbehavior. The Husband filed for contested Divorce on the ground of cruelty that his wife has been cruel to him and he has been suffering since then but after hearing the parties all the evidence the decree for Divorce was dismissed. As the court didn’t find the grounds and evidence satisfactory for the contested Divorce.

References :

https://lawrato.com/indian-kanoon/divorce-law

https://bnblegal.com/article/types-of-divorce-in-india/

https://www.legalserviceindia.com/legal/article-1594-divorce-by-mutual-consent.html#:~:text=The%20mandatory%20requirements%20envisaged%20under,the%20marriage%20should%20be%20dissolved. 

https://indiankanoon.org/doc/462387