In Muslim law, the divorce procedure is as follows:
- pronouncing talaq by signing notices and divorce register
- issue written notice to the chairman of the union parishad or other appointed official and
- issue a copy to the spouse
- the chairman is then bound to constitute an arbitration council charged with the task of attempting reconciliation between the parties. If such efforts fail, divorce is generally effective after ‘iddat’ – a three month period that must pass before the divorce becomes effective – or, if the wife is pregnant at the time of talaq, at the end of her pregnancy, whichever occurs later.
In Christianity, marriage cannot be dissolved simply by mere declaration of divorce by either one of the spouses or execution of mutual agreement. It can only be dissolved by obtaining an order from the court. Christian divorces are governed by the Divorce Act, 1869. Under this Act, any Christian husband may apply to the District Judge’s Court or to the High Court Division for the dissolution of his marriage on the ground that his wife is guilty of adultery. Likewise, any Christian wife may apply to either court for the dissolution of her marriage on any of the following grounds:
- that the husband, after marriage, has converted to any religion other than Christianity and has married another woman;
- that the husband is guilty of incestuous adultery;
- that the husband is guilty of adultery with bigamy;that the husband is guilty of marriage with another woman and adultery;that the husband is guilty of rape, sodomy or bestiality;that the husband is guilty of adultery;
- that the husband was guilty of adultery combined with desertion for two years or more without a reasonable excuse.
If the court is satisfied on the basis of evidence of the alleged ground and is satisfied that the complaint is not collusive or that there is no connivance or condonation of the alleged act of adultery, an order for dissolution of the marriage is issued.
Hindus are not permitted to divorce their spouse considering their personal laws and religious norms and traditions. However, a Hindu married woman shall be entitled to separate residence and maintenance from her husband on one or more of the following grounds, namely,-
- if he is suffering from any loathsome disease not contracted from her;
- if he is guilty of such cruelty towards her as renders it unsafe or undesirable for her to live with him;
- if he is guilty of desertion, that is to say, of abandoning her without her consent or against her wish;
- if he marries again;
- if he ceases to be a Hindu by conversion to another religion;
- if he keeps a concubine in the house or habitually resides with a concubine;
- for any other justifiable cause:
Provided that a Hindu married woman shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by change to another religion or fails without sufficient cause to comply with a decree of a competent Court for the restitution of conjugal rights.