Divorce for Christians and Inter-Faith Couples: Indian Divorce Act and Special Marriage Act

Most divorce information online is about Hindu marriages, but India has separate laws for other communities and for couples who marry across faiths. A Christian couple is governed by the Indian Divorce Act, 1869. A couple who married under the Special Marriage Act, 1954, for example an inter-faith couple, or anyone who chose to register under that Act, divorces under it. The grounds and procedure differ from the Hindu Marriage Act in several important ways.

Who Is Governed by the Indian Divorce Act?

The Indian Divorce Act, 1869 applies where the petitioner or respondent is a Christian, and it deals with divorce and related matters for them. Marriages between Christians are usually solemnised under the Indian Christian Marriage Act, 1872. The Act has been amended, notably in 2001, which removed some of the unequal treatment between husband and wife in its original grounds. Parsis have their own law, the Parsi Marriage and Divorce Act, 1936.

What Are the Grounds Under the Indian Divorce Act?

The grounds in Section 10 include, in broad terms:

• Adultery by either spouse
• Ceasing to be a Christian by conversion to another religion
• Unsoundness of mind that is incurable
• Cruelty
• Desertion for two years or more
• A communicable venereal disease or similar serious ground set out in the Act
• Failure to comply with a decree of restitution of conjugal rights

A wife also has some special grounds, such as the husband's rape or similar offences. Because the list has been amended, a petition should be framed on the current text of the Act and not on older descriptions.

Can Christians Divorce by Mutual Consent?

Yes. Section 10A allows both spouses to present a joint petition to the district court if they have been living separately for two years or more, have not been able to live together, and have agreed that the marriage should be dissolved. The court expects a waiting period between the first petition and the final decree, which is generally not earlier than six months after the petition and not later than eighteen months. Because this is the main route for couples who want to separate peacefully, many Christian couples use it.

Which Court Hears the Case?

A petition under the Indian Divorce Act is filed before the district court within whose limits the parties last resided together, where they live now, or in certain cases where the marriage was solemnised. Where a family court exists, family courts hear such cases. The court tries to reconcile the parties, and a decree is passed only after evidence.

What Is the Special Marriage Act?

The Special Marriage Act, 1954 allows marriage between any two people regardless of religion, by registration before the Marriage Officer after a notice period. It also covers people who got married in a religious ceremony and later registered the marriage under the Act. Its divorce provisions are in Sections 27 and 28.

What Are the Divorce Grounds Under the Special Marriage Act?

Section 27 allows divorce on grounds similar to those under the Hindu Marriage Act, including:

• Adultery
• Desertion for at least two years
• Imprisonment for seven years or more for an offence
• Cruelty
• Unsoundness of mind, a communicable disease or leprosy
• Not being heard of as alive for seven years or more

A wife has further grounds, for example if the husband is guilty of rape, sodomy or bestiality, or if there has been no cohabitation for a year after a maintenance decree.

How Does Mutual Consent Work Under This Act?

Section 28 allows divorce by mutual consent if the spouses have lived separately for a year or more and agree that the marriage should be dissolved. As with Hindu marriages, there is a second motion after a gap, not earlier than six months after the first petition and generally within eighteen months. Courts have in some cases shortened the waiting period where the parties have genuinely settled and a long wait would serve no purpose, as the Supreme Court did for Hindu marriages in Amardeep Singh v. Harveen Kaur (2017), but whether a court will do so depends on the facts and the court. Our guide to divorce in India describes how that principle works.

Can You Divorce Soon After Marriage?

Yes. Like the Hindu Marriage Act, the Special Marriage Act does not allow a divorce petition within one year of the marriage, except in cases of exceptional hardship or depravity. Check this rule before filing.

What About Maintenance, Custody and Property?

These follow the same basic principles. The court can order maintenance for the wife and children, decide custody on the child's welfare, and deal with property given to the wife. See our guides to maintenance and alimony, child custody and streedhan. For couples where one spouse lives abroad, our note on NRI marriage disputes covers jurisdiction issues.

Because the right Act, grounds and waiting period depend on how and where you married, the first task is to identify the governing law. Our Family & Matrimonial Law practice advises on divorce under the Indian Divorce Act and the Special Marriage Act, and you can request a consultation.