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"Divorce was only created a few weeks after marriage," said Voltaire. All major religions have divorce laws that apply to divorces within their respective communities. And interfaith marriages are subject to certain rules governing divorce. The Hindu Marriage Act of 1955 applies to all Hindus, including Buddhists, Sikhs, and Jains. By the Indian Divorce Act of 1869, Christians. Muslims are governed by the Dissolution of Muslim Marriages Act, 1939, and Parsis by the Parsi Marriage and Divorce Act, 1936. The Special Marriage Act of 1954 governs civil unions, intercommunity unions, and divorces.

The dissolution of marriage is founded on the guilt or fault basis of divorce under all Indian personal laws. Only the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, the Parsi Marriage and Divorce Act of 1936 allow for divorce. The divorce by mutual consent and the divorce based on the irretrievable collapse of the marriage are both allowed under the acts. Muslim communal law, the husband has the option of an unjustified, unilateral divorce. The Dissolution of Muslim Marriages Act, 1939 gives a woman married under Muslim law. The option of filing for divorce on specific fault grounds to make the law more fair.

We have limited the scope of this study work. To the fault basis theory of divorce under Indian personal law. Because the subject of personal law is an infinite one. The research paper examines the similarities and differences among the provisions of the various personal law statutes before examining their legal ramifications. This research paper will also examine the components. That differentiates the many statutes. While considering if it would be workable to attempt to reconcile. These disparities to create a single, all-encompassing law, at least for divorce.

Research Issues

Which of the many Indian personal laws allow for divorce on grounds of shared fault? What distinctions exist between the various marriage legislation divorce grounds based on fault?

While there are certain similarities throughout the various personal laws. There are other areas where they diverge, particularly in how they handle divorce. For instance, marriage regarded as a sacrament in Hindu law, and divorce is not permitted. But with the passage of the Hindu Marriage Act, 1955, four different types of divorce have been recognized under Hindu law. Including the divorce on grounds of adultery as specified in sections 13 (1) and 13 (2) of the Act. Section 13 (1-A) of the Act permits divorce on grounds of breakdown. Section 13-B of the Act incorporates divorce by mutual consent. Section 29 (3) of the Act permits divorce by custom.

Now, under Muslim law, the husband entitled to a unilateral divorce without providing a reason. Whereas the wife's legal grounds for divorce must be established by statute. Additionally, both spouses may file for divorce on grounds of blame under Parsi law. Thus, the research study examines the aspects. That distinguishes the various marriage statutes in this chapter.

Adultery

According to the Parsi Marriage and Divorce Act of 1936, the Special Marriage Act of 1954, the Indian Divorce Act, and the Hindu Marriage Act of 1955 Divorce permitted on the basis of adultery. While the Dissolution of Muslim Marriages Act of 1939 states that adultery. As a stand-alone offence is not grounds for divorce a husband's association with women of questionable character or his living a disgraceful life can. Even though it considered cruelty under the Act. Under Parsi law, if a divorce petition is filed more than two years. After the plaintiff first learned of the situation, the divorce will not be granted on that basis. According to Christian law, either the husband or the wife may apply for the dissolution of the marriage based on either party's fault.

Desertion

Desertion is included as a reason for divorce. As well as judicial dissolution under Section 13(1)(ib) of the Hindu Marriage Act of 1955, Section 27(1)(b) of the Special Marriage Act of 1954, and Section 32(g) of the Parsi Marriage and Divorce Act of 1936. According to the rules, the opposing party "has left the petitioner over a continuous period of not less than two years immediately before the filing of the petition." The definition of "desertion" in this sub-section is as follows: "In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause, without their consent or against their wishes. And includes the other party's willful neglect of the petitioner. And its grammatical variations and cognate expressions must be construed."

According to the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Indian Divorce Act of 1869, desertion must occur over a period of at least two years. While the Parsi Marriage and Divorce Act of 1936 specifies that desertion must have occurred for at least three years. Desertion as a standalone offence is not a basis for divorce under the Indian Divorce Act of 1869 for either spouse. But in the case of the wife's divorce petition, the husband's two-year continuous desertion. As well as his adultery establish grounds for divorce. But, two years of unjustified abandonment is a justification for any spouse to seek judicial divorce.

The wife may seek for divorce under the Dissolution of Muslim Marriages Act, 1939, on the grounds. That her husband has neglected her or has not paid maintenance for a period of two years. Whether it was intentional or not is unclear. Under Muslim law, the failure to fulfill marital commitments for a period of three years. Without any reasonable excuse are also grounds for divorce. If the requirements are interpreted, a husband's failure to fulfill his marital responsibilities for three years.