Divorce Law: India V UK

The law system in India is based on the common law and is therefore ultimately derived from the system in England and Wales. So ultimately it shares many common principles as well. Below there will be a comparison as to divorce laws and procedures in India and England and Wales. It shall be seen that there are many similarities between both jurisdictions with the fundamental difference in India the divorce law is based on different faiths and communities.

Main Legislation

India

In India the way one achieves divorce is essentially based on what religious community one is part of and if the marriage is an interfaith one than there is special regulation that governs that, these laws are detailed below:

  •         Hindu Marriage Act 1955 – pertains to Hindus, Sikhs, and Jains
  •         Indian Divorce Act 1869- pertains to Christians
  •         Parsi Marriage and Divorce Act 1936- pertains to Parsis
  •         Dissolution of Muslim Marriages Act 1939- in this it is explained on what basis women can attain divorce
  •         Special Marriage Act 1956- this pertains to divorces from civil marriages and those between different communities
  •         Native Converts Marriage Dissolution Act 1886- A Hindu can ask for divorce if the spouse becomes Christian

UK

         In the United Kingdom, divorce legislation is not differentiated on the basis of religion but is mainly secular

  •         Matrimonial Causes Act 1973
  •         Family Law Act 1996

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For more information on:

  • Grounds for Divorce
  •          In both countries the grounds for divorce are roughly very similar with a few differences.
  • India
  •          In India there are five grounds for divorce which are listed below
  • UK
  •          Five facts for Irretrievable Breakdown of marriage according to Matrimonial Causes Act 1973S 1(2)
  • Procedure for Obtaining Divorce
  •         Again it is very similar in both countries.
  • India
  • UK