TYPE OF DIVORCE

step-by-step and cover the types of divorce, their procedures, relevant sections, and landmark (supra) judgments under Hindu, Muslim, Christian, and Special Marriage laws in India.

⚖️ I. DIVORCE UNDER HINDU LAW

(Hindu Marriage Act, 1955 – Sections 13 to 13-B)

🔹 Types of Divorce:

1. Contested Divorce (Section 13)
   • One spouse files against the other on specific grounds.
2. Mutual Consent Divorce (Section 13-B)
   • Both husband and wife mutually agree to dissolve the marriage.

🔹 Grounds for Divorce under Section 13:

• Adultery
• Cruelty
• Desertion (for at least 2 years)
• Conversion to another religion
• Unsoundness of mind
• Leprosy
• Venereal disease
• Renunciation of the world
• Presumed death (not heard of for 7 years)

🔹 Procedure:

1. File Petition in Family Court under Section 13 or 13-B.
2. Serve notice to the opposite party.
3. Evidence and hearing by both sides.
4. Court satisfaction that grounds exist.
5. Decree of Divorce is passed.

🔹 Mutual Consent Divorce Procedure (S.13-B):

1. Joint petition filed → both consent.
2. Six months’ cooling-off period (can be waived — Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746).
3. Second motion → final hearing → decree granted.

🔹 Landmark Judgments:

• Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558 – Irretrievable breakdown of marriage recognized.
• Amardeep Singh v. Harveen Kaur (2017) – Cooling-off period can be waived.
• K. Srinivas Rao v. D.A. Deepa (2013) 5 SCC 226 – Mental cruelty as ground for divorce.

🕌 II. DIVORCE UNDER MUSLIM LAW

(Governed by Quranic principles, Dissolution of Muslim Marriages Act, 1939 & Muslim Personal Law)

🔹 Types of Divorce:

1. By Husband – Talaq
   • Talaq-ul-Sunnat (Ahsan & Hasan) – Legal and valid forms.
   • Talaq-e-Biddat (Triple Talaq) – Now invalid after Shayara Bano v. Union of India (2017).
2. By Wife – Khula
   • Wife seeks divorce by returning Mehr or property.
3. By Mutual Consent – Mubarat
   • Both agree to dissolve marriage mutually.
4. By Court – Dissolution of Muslim Marriages Act, 1939 (Section 2)
   Grounds include:
   • Husband’s disappearance for 4 years.
   • Failure to provide maintenance for 2 years.
   • Cruelty.
   • Impotency.
   • Husband’s imprisonment for 7 years, etc.

🔹 Procedure:

• Talaq: Husband pronounces in clear terms, follows iddat period.
• Khula/Mubarat: Mutual agreement with consideration (often return of Mehr).
• Court Divorce: Petition under Section 2 of the 1939 Act.

🔹 Landmark Judgments:

• Shayara Bano v. Union of India (2017) 9 SCC 1 – Triple Talaq unconstitutional.
• Danial Latifi v. Union of India (2001) 7 SCC 740 – Wife entitled to fair maintenance even after iddat.
• Zohara Khatoon v. Mohd. Ibrahim (1981) 2 SCC 509 – Khula valid with mutual consent.

✝️ III. DIVORCE UNDER CHRISTIAN LAW

(Indian Divorce Act, 1869)

🔹 Sections: 10, 17, 22, 24, 32, 39 etc.

🔹 Types:

1. Contested Divorce (Section 10) – Grounds:
   • Adultery, cruelty, desertion for 2+ years, conversion, unsound mind, etc.
2. Mutual Consent Divorce (Section 10-A) – Both agree to dissolve marriage.

🔹 Procedure:

1. Petition to District Court under S.10 or 10-A.
2. Notice to opposite party.
3. Cooling period of 1 year under S.10-A.
4. Decree after proof of irretrievable breakdown or mutual consent.

🔹 Landmark Judgments:

• Ammini E.J. v. Union of India (1995) 1 KLT 664 – Upheld constitutionality of mutual consent divorce for Christians.
• Molly Joseph v. George Sebastian (1996) 6 SCC 337 – Both spouses must be Christians for this Act to apply.

💍 IV. DIVORCE UNDER SPECIAL MARRIAGE ACT, 1954

(For inter-religious and civil marriages)

🔹 Relevant Sections:

• Section 27 – Divorce on grounds (adultery, desertion, cruelty, etc.)
• Section 28 – Mutual consent divorce
• Section 29 – Restriction on petition within 1 year of marriage.

🔹 Procedure:

1. Petition in District Court where parties last resided.
2. Notice served → Reply → Evidence.
3. Decree after satisfaction of grounds.

🔹 Landmark Judgments:

• Sureshta Devi v. Om Prakash (1991) 2 SCC 25 – Consent must exist till decree; unilateral withdrawal valid.
• Amardeep Singh v. Harveen Kaur (2017) – Waiver of 6-month period also applies here.

🧾 COMPARATIVE TABLE