Divorce Under the Hindu Marriage Act, 1955 (HMA)

1. Applicable to: Hindus, Sikhs, Buddhists, Jains.
2. Grounds for Divorce under HMA : Either spouse may file for divorce on the following grounds:
   • Cruelty (mental or physical)
   • Desertion (abandonment for at least 2 years)
   • Adultery
   • Conversion to another religion
   • Mental disorder or unsoundness of mind
   • Leprosy (now legally removed as a ground, but historically present)
   • Venereal disease (serious STD, historically included)
   • Renunciation of the world (e.g., becoming a monk/nun)
   • Not heard alive for 7 years (presumed dead)
3. Special Grounds for a Wife : A wife can file for divorce additionally if:

• Husband has married another woman (bigamy)
• Husband is guilty of rape, sodomy, or bestiality
• Husband has failed obligations after a maintenance order
• Mutual Consent Divorce under HMA
• Both spouses jointly agree that:
• They cannot live together
• They have lived separately for 1 year
• Then divorce can be granted.

Divorce Under Muslim Personal Law

1. Muslims do not follow a single marriage statute (unless married under Special Marriage Act).
2. Divorce happens through personal law and court procedures.
3. Modes of Divorce for a Husband
4. Talaq (now triple talaq is illegal, but talaq-e-ahsan, talaq-e-hasan are valid), Ila, Zihar
5. Modes of Divorce for a Wife : Khula (wife initiates, husband consents)
6. Faskh (judicial divorce granted by a Qazi or court)
7. Mutual Divorce
8. Mubarat (both mutually agree to end marriage)

Divorce Under the Christian Marriage Act + Divorce Act, 1869

1. Applicable to Christians. Grounds for Divorce are
2. Adultery
3. Cruelty
4. Desertion (2+ years)
5. Conversion
6. Mental disorder
7. Failure to obey maintenance orders
8. Venereal disease
9. Not heard alive for 7 years
10. Christian divorce laws are similar to HMA but historically more conservative.
11. Mutual Consent Divorce : Allowed under Section 10A: 1-year separation required.

Divorce Under the Parsi Marriage and Divorce Act, 1936

1. Applicable to Parsis (Zoroastrians). Grounds for Divorce
2. Adultery
3. Cruelty
4. Desertion (2+ years)
5. Unsound mind
6. Pregnancy of wife by another man before marriage
7. Conversion
8. Not heard alive for 7 years
9. Infectious venereal disease
10. Cases are decided by a special Parsi Matrimonial Court with community jury delegates.