Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union.

Divorce usually entails the cancelling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law. Divorce laws requires the sanction of a court in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt.

India is a secular country and a wide number of religions are freely practised. The major religions practised include Hinduism, Islam and Christianity. People solemnise marriages in accordance with religious rituals and ceremonies, which are mostly codified by statutory personal laws. Therefore, the matrimonial laws in India, including laws on marriage, divorce and other connected issues, are essentially governed by the personal laws of the parties depending on their religion, which are codified by statute in most cases.

The Indian Divorce Act was drafted into the Indian legal system in the year 1869. In India divorce rules and procedure varies according to the community of the couple. As stated above divorce among Christians is governed by the Indian Divorce Act, 1869, Hindus, Buddhists, Sikhs and Jains by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and the Special Marriage Act 1954 applies to all persons of all religions. This is a civil legislation and parties from all religions, caste or community can elect to marry under it. A divorce would then be governed by the Special Marriage Act 1954.

All these laws apply throughout India.

Divorce can be obtained by alleging fault of the other party and/or by mutual consent.

Fault- Dissolution of marriage under all Indian personal laws is based on guilt or fault theory of divorce (although divorce by mutual consent is also available under some personal laws.

Section 13 of the Hindu Marriage Act 1955 recognises nine fault grounds of divorce with a further four additional fault grounds available to the wife alone under the Hindu Marriage Act 1955 (section 13(2)).

Section 2 of the Dissolution of Muslim Marriages Act 1939 contains nine fault grounds on which the wife alone can sue.

For Christians, sub-section 10 of the Indian Divorce Act 1869 contains grounds of divorce.

The Parsi Marriage and Divorce Act 1936 contains ten fault grounds of divorce on which either spouse may seek divorce.

Section 27(1) of the Special Marriage Act 1954 contains ten fault grounds of divorce on which either spouse can seek divorce. Section 27(1A) contains two fault grounds on which the wife alone can seek dissolution of marriage.