Introduction

In India, the laws relating to marriage and divorce are governed by different acts. The concept of marriage and divorce falls under the jurisdiction of family law. Different religions or cultures have their different perspectives of thought regarding the procedures for marriage and divorce. In ancient times in Hindu law the practice of sati pratha was very common amongst people. This concept of sati pratha itself enshrines the sense of patriarchy and the male dominance in the society at that particular moment of time. With changing times the sati pratha was abolished and the laws became more stringent and gender neutral. 

Provisions governing divorce

The divorce is governed under different acts and different customs have their own grounds for divorce, for example under the Muslim law there are different grounds for divorce and the same goes with Hindu law. Section 13 of the Hindu Marriage Act, 1955 enumerates grounds for divorce which are; 

1. Bigamy
2. Adultery,
3. Cruelty,
4. Desertion,
5. Person is of unsound mind
6. Communicable disease such as leprosy
7. Impotency
8. Cease to be a Hindu
9. If the husband has not been found for seven or more than seven years, and there is no news if he is alive or not.
10.  Renounced the world

Section 13B of the Hindu Marriage Act, 1955 enumerates the provision for mutual divorce in which both the parties mutually decide to dissolve the marriage. 

These are the grounds for divorce under The Hindu Marriage Act, 1955, just like the Hindu Law, Muslim law also has certain grounds for divorce, some of which are common to the grounds of Hindu law. 

If a marriage is solemnized under the special marriage act, then the divorce will be governed under section 27 of the Special marriage Act, which outlines certain grounds for divorce. Section 28 of the special marriage act states about mutual divorce where both the parties to a marriage agree mutually to dissolve the marriage. The grounds for divorce provided under section 27 of the Special Marriage Act are;

1. Adultery,
2. Desertion
3. That the spouse is undergoing an imprisonment of 7 years or more for an offence committed under IPC. 
4. Cruelty
5. Unsound Mind
6. Has been suffering from a venerable disease in a communicable form
7. Has been suffering from leprosy
8. If the husband has not been found for seven or more than seven years, and there is no news if he is alive or not.
9. That the couple have not been inhabited since one year after passing of an order of judicial separation by the court, in which they were the parties. 

Procedures for divorce 

As the grounds for divorce are enumerated under different acts relating to any particular religion, the procedure for divorce is also governed under different statutes. The procedures for contested divorce are;

1. Find a lawyer and file a petition on a ground for divorce 
2. Submit necessary evidence and statements
3. Attend hearings and if it can be possible try to negotiate on a settlement with the other party. 
4. The court will pronounce the judgment. 

The procedures for mutual divorce are;

1. The couple can file a joint petition on the family court
2. Both parties shall mutually agree on terms such as alimony, custody of the child, etc.
3. After hearing from both the parties the court will grant a cooling period from six months to eighteen months, in which any of the parties can withdraw the petition. 
4. After the completion of the cooling period the court gives the decree of divorce.

Conclusion 

Hence it can be concluded that different acts provide different grounds for divorce and violation of any ground can lead to giving the right to another party to initiate the procedure for divorce. The petition for a divorce is submitted to basically a family court as family court has the jurisdiction to hear matters related to marriage and divorce. 

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