Dissolution of Marriage in India
Indian society traditionally looks upon the dissolution of marriage as a social stigma, and Indians rarely divorce. However, as the country becomes increasingly Westernized, the divorce rate slowly creeps up.
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Divorce Laws
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Separate divorce laws exist for members of each of the major religions in India. They account for the different religions' divorce practices. The Hindu Marriage Act, 1955, enables Hindus, including Buddhists, Sikhs and Jains, to file for divorce, while Parsis can divorce in accordance with the Parsi Marriage and Divorce Act, 1936. The Indian Divorce Act, 1869, enables Christians to dissolve their marriages. Both the Dissolution of Muslim Marriages Act, 1939, and the the Muslim Women (Protection of Rights on Divorce) Act, 1986, regulate divorce for Muslim women. The dissolution of civil marriage and marriage between members of different religions takes place through the Special Marriage Act, 1956.
Grounds For Divorce
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The Indian courts accept only five grounds for divorce; adultery, chronic mental or physical illness, desertion, cruelty and impotence.
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Time Frame
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Divorcing in India takes a long time. If both parties agree, they can seek a mutual consent divorce. The law requires that the parties have lived apart for a year. A mutual consent divorce usually takes 18 months to go through. If either party contests the divorce, the process can take much longer.
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