Can Divorce Be Filed Under Hindu Marriage Act and Special Marriage Act? Differences Explained
India has varied laws of marriage and divorce that are administered under different personal and civil legal systems. Those who wish to obtain a divorce through Indian jurisdiction are confused as to the correct legal system that oversees their marriage status. The two most prominent laws under which one can file for divorce are the Hindu Marriage Act, 1955 and the Special Marriage Act,1954. The knowledge of differences between these two allows for making better and more favorable legal decisions.
Divorce under the Hindu Marriage Act
The law takes care of the settling of divorce disputes belonging to different religious communities of Hinduism, Buddhism, Sikhism, and Jainism-Muslims enjoy their independence from this law by different acts. The Act enables divorce proceedings through these specific reasons:
● Cruelty by the spouse
● Desertion for at least two years
● Adultery
● Conversion to another religion
● Mental disorder
● Renunciation of the world
● If the spouse has not been heard from for seven years
There is also a provision for mutual consent divorce, where both spouses agree to end the marriage peacefully.
Divorce Under the Special Marriage Act
The Special Marriage Act is employed by couples of a different religion or those opting for a civil marriage. This act is secular and is applicable to individuals of all religions. One can be assisted by a divorce lawyer or divorce advocate professional in the process. The grounds for divorce are the same as under the Hindu Marriage Act, i.e.:
● Cruelty
● Desertion
● Adultery
● Mental illness
● Incurable diseases
● Imprisonment for over seven years
● Mutual consent divorce
The principal distinction is that marriages according to this Act need to be registered prior to the ceremony and take a civil process.
Essential Differences Between the Acts
● Religion: The Hindu Marriage Act is specifically for Hindus, whereas the Special Marriage Act is for interfaith or civil marriages.
● Marriage Registration: Optional in Hindu law, but mandatory under the Special Marriage Act.
● Grounds for Divorce: Relatively similar, but documents and processes differ.
● Jurisdiction: Both are handled by family courts, but the correct law must be chosen based on the type of marriage.
Conclusion
The legal procedures surrounding divorce in India require precise selection of appropriate laws to proceed. The rights and responsibilities of spouses receive protection through both the Hindu Marriage Act and the Special Marriage Act during marriage dissolution. A divorce attorney provides assistance to better understand the divorce procedure. The process of filing for divorce becomes more straightforward and legally protected through proper legal information.
FAQs
1. How do I file for divorce in India if my spouse and I are living under Hindu law?
You file a divorce petition in the family court with a sufficient legal basis.
2. Can the interfaith couple use the Hindu Marriage Act and file for a divorce?
No, they must file under the Special Marriage Act.
3. Who can help and guide me through the divorce process?
A qualified divorce lawyer or divorce advocate professional can assist.
4. Is mutual consent divorce possible under both Acts?
Yes, mutual consent divorce is offered by both Acts.
5. Will I be required to appear in court?
Yes, both parties must attend a hearing in family court.