Grounds of Divorce and Judicial Approach under Hindu Law and Muslim Law

Divorce is a word in India which directly strike upon the soul of any person. In the era which is very fast paced divorce is still a taboo. We can often listen these words on the departure of the bride from her parental home to marital home that Doli Mein ja rahi ho Arthi per Aana. These words say a lot and put psychological, social and emotional pressure upon the brides. Annual divorce rate in India is 1.1 per 1000 persons. 13 out of 1000 marriages are resulted in divorce, which is lowest in the world. Male are the main initiator of divorce. Literal meaning of world divorce is to release or setting free where as the legal meaning is repudiate the marriage contract. In Hindu and Muslim law there are many ways and theories by which marriages can be dissolved. Irrespective of ancient time today women and men have equal rights of divorce. But divorce proceedings are very time taking in India. There are many guidelines which have to be followed by the couple before getting divorce. Here we see that role of Judiciary become more important. From banning of triple Talaq to recent judgement of Shilpa Shailesh vs. Varun Sreenivas where the court observed that mandatory 6 month waiting period under Hindu Marriage Act 1955 can we waived if the marriage is irretrievably broken down even if one of the parties is not willing, the court is playing crucial role. This chapter focuses upon Divorce under Hindu & Muslim law and recent views of Judiciary.