Divorce for Christians, Parsis and Special Marriage Act Couples

Which law applies

The law governing your divorce depends on your religion and the form of your marriage, not on where you live. Hindus use the Hindu Marriage Act, Muslims their personal law, Christians the Indian Divorce Act, Parsis the Parsi Marriage and Divorce Act, and civil or inter-faith marriages the Special Marriage Act.

Christians: Indian Divorce Act, 1869

Grounds include adultery, cruelty, desertion for two years and conversion. Mutual consent divorce is available under Section 10A after the parties have lived separately for at least two years. The petition is filed in the district court.

Parsis: Parsi Marriage and Divorce Act, 1936

Divorce is decided by Parsi Matrimonial Courts, with delegates assisting the judge. Grounds include cruelty, adultery, desertion for two years and certain other grounds, and mutual consent divorce is also available.

Special Marriage Act, 1954

Divorce is available on the grounds in Section 27, such as adultery, desertion for two years and cruelty. Mutual consent divorce under Section 28 requires the parties to have lived separately for at least one year, and a petition within the first year of marriage needs the court's leave.

Frequently asked questions

Can Christians get a mutual consent divorce?

Yes, under Section 10A of the Indian Divorce Act, after two years of separation.

Can an inter-faith couple divorce under the Special Marriage Act?

Yes, if they married under that Act or later registered under it, on the grounds in Sections 27 and 28.

Which court hears these cases?

Christian and Special Marriage Act petitions go to the district court or family court, and Parsi cases to the Parsi Matrimonial Court.

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