The Impact of Religion on Divorce in India

Getting divorced from your spouse is comparatively easy in the western countries like US and UK or in Europe. Going a step further, it is said in a lighter vein, the only thing that you can get so speedily but not cheaply in the US is divorce. Even for the silly or flimsy reasons, people are filing divorce petitions there and so they are mounting. For example, unable to bear the snoring habit of her husband, a lady filed a divorce petition against him and of course succeeded. Therefore, intolerance and incompatibility that prevails among the spouses are the main reasons for the proliferation of divorce petitions in the US and it being the private and personal lives of the citizens, the Government can do nothing about it. Western culture also plays a predominant role in the personal lives of the US citizens.

In India also the personal lives of the people are predominantly influenced by their culture. Their culture is molded by their language, religion and time immemorial customs.

From birth, until his death, an Indian’s lifestyle is determined and guided by the religion or sect that he or she follows. His or her marital life is no exception.

Hinduism and its offshoots like Sikhism, Buddhism and Jainism, Islamism, Christianity are the major religions that have large followers in India. The followers of each religion have their own unique customs and personal habits. Hence, in order to regulate their marital life, the Indian Government has enacted a number of personal laws that cater to the needs of the followers of each religion. Hindus have Hindu Marriage Act, the Muslims have Muslim law, the Christians have the Christian Marriage Act and in order to regulate the inter-religious marriages, the Divorce Act, etc.

The Hindu Marriage Act, which stipulates conditions for a valid Hindu marriage also has provisions to nullify a Hindu marriage. If a Hindu voluntarily gives up Hinduism and  embraces another religion or in other words, if a Hindu ceases to be a Hindu, that would be a valid ground for his or her spouse for seeking divorce from his or her spouse. Besides, the non-performance of Hindu rites like ‘saptapadi’ will make the said marriage ‘void’ ab initio. These provisions apply to all the people who belong Hindu fold and its offshoots like Sikhs, Buddhists and Jains.

The Muslim Act is largely governed by the Islamic principles of Prophet. As per the Islamic principles of Prophet Mohmed, a muslim, in order to divorce his wife, has to say ‘Talak’, thrice. When he say ‘Talak’ for the first time, it can be revoked by the husband by reviving the marital relationship with his wife;The pronouncement of ‘Talak’ by him for the second time can also be revoked; But if the husband says ‘Talak’ for the third time, the divorce is complete and the talak is irrevocable. In divorcing his wife, a muslim is largely influenced by the ‘Quranic Principles’ of Prophet Mohammed.

The Indian Christian Marriage Act, 1872, governs and applies to the people professing Christian religion. If the marriage is solemnized without complying the provisions contained in section 4 and section 5, the marriage is void. According to section 4, only Christians are allowed to marry under the Act; Under section 5, only persons serving as ministers in a church alone are eligible to solemnize the marriage within the premises of a church, the non-compliance of which, the marriage is void. According to the provisions contained in 10 (1) (ii) of the Divorce Act, 1869, as amended by Indian Divorce Act, 2001, if a Christian has ceased to be a Christian by conversion to another religion, it is a valid ground for a spouse seeking divorce from his or her spouse who has got converted to another religion from Christianity.

The purpose of including the provisions mentioned above in the Hindu Marriage Act, Muslim Act, the Indian Christian Marriage Act and the Divorce Act, etc is to regulate the marital life of the concerned couples, besides discouraging conversion in order to maintain religious harmony between them.

Thus religion plays a predominant role in regulating the marital life of the people, besides helping them to seek divorce from their spouses also.