Hinduism & Divorce

Traditional Hindu law does not allow divorce, according to Sir Gooroodass Banerjee's 1878 book "The Hindu Law of Marriage and Stridhan." In modern times, however, Hindu marriage laws have accepted the potential for divorce and created grounds for its legality.

Tradition

Many laws in effect as of 1878 focus on men and women separating without divorcing. For instance, when a Hindu husband kept a mistress, the woman could leave the house and claim maintenance from him, as long as she did not take a lover.

Hindu Marriage Act

The Hindu Marriage Act of 1955 states the legal grounds for divorce among modern Hindus. An individual -- man or woman -- can petition for divorce if his spouse is unfaithful, treats her cruelly or has abandoned him for more than two years. Mutual divorce is also allowed if a couple has been unable to live together for at least one year prior to petitioning for divorce.

Recent Changes

Recent laws have made it easier for Hindu couples to divorce. In 2010, the government passed an amendment to the Hindu Marriage Act that legitimizes "irretrievable breakdown of marriage" as a reason for divorce.

References

• "The Hindu Law of Marriage and Stridhan"; Sir Gooroodass Banerjee; 1878
• Delhi Commission for Women: Nullity of Marriage and Divorce, Hindu Marriage Act 1955
• Deccan Herald: Seeking Divorce Now Easier