If you were married in India, or in the UK and are seeking a divorce – what is the relevant law on getting a divorce? The legal system in India is based on English common law – which means it shares many principles as the UK legal system.
We compare the divorce laws and procedures in India, and England and Wales. There are many similarities between both jurisdictions – with the fundamental difference that Indian divorce law is typically based on different faiths and community/caste values.
In India, the procedure for divorce essentially depends on what religious community the party/ies belong to. If the marriage is interfaith or based on a faith, there are specific laws:
In the UK, divorce (and financial remedies) legislation is secular and is set out in the Matrimonial Causes Act 1973 and the Family Law Act 1996.
In both India and the UK, the ‘grounds’ for divorce are very similar:
In India, there are a number of grounds for divorce, including:
There is one ground on which a spouse can petition for divorce: this is, that the marriage has broken down irretrievably. One of five facts must be proved to show this under the Matrimonial Causes Act 1973:
Again, there are parallels in both countries.
Special Procedure: usually, divorce petitions are uncontested and there is no need for court appearances. The Special Procedure is used: the judge examines the petition and supporting documents and evidence, and if satisfied that the marriage has irretrievably broken down, a decree nisi will be granted. A divorce absolute can be sought to finalise the divorce after 6 weeks have passed. A contested divorce, on the other hand, may mean a court hearing and the matter could take months to reach a conclusion.
Where there are children involved, and financial matters to be resolved, it could be a long time before a divorce is finalised.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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