Divorce and separation laws in India are governed by personal laws based on religion and secular laws. Under the Hindu Marriage Act, 1955, divorce can be granted on grounds like adultery, cruelty, desertion, and mental disorder, with mutual consent divorce available after one year of separation. Muslim law allows different forms of divorce, including Talaq, Khula, and Mubarat, with the Muslim Women (Protection of Rights on Marriage) Act, 2019 making Triple Talaq illegal.
Christian divorce law under the Indian Divorce Act, 1869 permits divorce on grounds such as adultery, desertion, and cruelty, with mutual consent available after one year of separation. The Parsi Marriage and Divorce Act, 1936 offers similar grounds, including adultery and cruelty, while the Special Marriage Act, 1954 allows divorce for interfaith marriages with grounds like adultery and cruelty, with mutual consent also possible.
In matters of maintenance and alimony, women can claim maintenance under Section 125 CrPC, with provisions for permanent alimony in some personal laws. Child custody laws are governed by the Hindu Minority and Guardianship Act, 1956, Muslim law, and the Guardians and Wards Act, 1890, with courts prioritizing the child’s welfare in custody decisions.
