In India, marriage and divorce are governed by personal laws based on religion, and contested divorce petitions are filed under the provisions of these respective statutes. Each law lays down specific grounds, procedures, and requirements for seeking a contested divorce.
Let’s go through them one by one:
1. Hindu Marriage Act, 1955
Applicable to: Hindus, Buddhists, Jains, and Sikhs
Contested Divorce Provision: Section 13
Grounds Available:
- Adultery
- Cruelty
- Desertion for 2 years
- Conversion to another religion
- Unsoundness of mind
- Incurable mental disorder
- Venereal disease
- Renunciation of the world
- Presumed death
- Non-resumption of cohabitation after decree of judicial separation/restitution of conjugal rights
2. Special Marriage Act, 1954
Applicable to: Inter-religious, inter-caste marriages, or any marriage solemnized under this Act
Contested Divorce Provision: Section 27
Grounds Available:
Similar to the Hindu Marriage Act — including adultery, cruelty, desertion for 2 years, unsoundness of mind, mental disorder, venereal disease, etc.
3. Indian Divorce Act, 1869 (Amended)
Applicable to: Christians in India
Contested Divorce Provisions: Section 10
Grounds Available:
- Adultery
- Cruelty
- Desertion for 2 years
- Conversion
- Mental disorder
- Incurable disease
- Presumed death
Note: Earlier, Christian men could file divorce only on the ground of adultery, but this provision was amended for gender equality.
4. Parsi Marriage and Divorce Act, 1936
Applicable to: Parsis (Zoroastrians) in India
Contested Divorce Provision: Section 32
Grounds Available:
- Adultery
- Cruelty
- Desertion for 2 years
- Unsound mind
- Infectious disease
- Presumed death
- Non-consummation of marriage
- Willful refusal to consummate
5. Dissolution of Muslim Marriages Act, 1939
Applicable to: Muslim women seeking divorce in India
Contested Divorce Provision: Section 2
Grounds Available:
- Husband’s disappearance for 4 years
- Failure to provide maintenance for 2 years
- Imprisonment of husband for 7 years
- Impotency
- Cruelty
- Injustice
- Mental or physical abuse
- Any other valid reason under Muslim personal law
Note: Muslim men can pronounce talaq (divorce) under personal law, but this can be contested or challenged in court.
Special Notes:
- Family Courts Act, 1984: Contested divorce cases under these personal laws are tried in Family Courts, established in major cities and districts.
- Civil Procedure Code (CPC), 1908: Procedural rules of civil trials apply unless specifically provided by personal laws.
Summary Table:
| Religion/Community | Governing Law | Relevant Section | Grounds for Contested Divorce |
|---|---|---|---|
| Hindu, Sikh, Jain, Buddhist | Hindu Marriage Act, 1955 | Section 13 | Adultery, cruelty, desertion, mental disorder, etc. |
| Inter-religious/Inter-caste | Special Marriage Act, 1954 | Section 27 | Same as above |
| Christian | Indian Divorce Act, 1869 | Section 10 | Adultery, cruelty, desertion, etc. |
| Parsi | Parsi Marriage and Divorce Act, 1936 | Section 32 | Adultery, cruelty, desertion, etc. |
| Muslim (for women) | Dissolution of Muslim Marriages Act, 1939 | Section 2 | Husband’s disappearance, cruelty, non-maintenance, etc. |
Conclusion:
Contested divorce in India is regulated by personal marriage and divorce laws applicable to the religion of the parties involved. Each law defines specific legal grounds and procedures, and all contested divorce matters are adjudicated in Family Courts.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304