Divorce under Muslim Law & Christian Law: An Analysis

  • Dr. S. Manjula
  • Show Author Details
  • Dr. S. Manjula

    Controller of Examinations at The Tamil Nadu Dr. Ambedkar Law University, Chennai, India

  • img Download Full Paper

Abstract

Matrimonial disputes and conflicts have been prevalent in India, and divorce and annulment are the matrimonial remedies available to couples who wish to come out of their marital relationship. These remedies are governed by the personal laws of the respective religious groups viz., Hindu, Muslim, and Christian personal laws. This research article aims to provide a comparative analysis of the grounds for divorce under Muslim, and Christian personal laws. The primary objective of this study is to evaluate these grounds' adequacy in providing remedies to individuals in distress. The study will adopt a qualitative research approach and analyze the relevant personal laws and judicial decisions on matrimonial disputes. The article will begin by briefly introducing the concept of marital remedies, followed by an overview of the legal framework governing divorce under Muslim, and Christian personal laws in India. Next, the analysis section will provide an in-depth analysis of the grounds for divorce under each personal law, highlighting their advantages and limitations. The conclusion will summarize the study's findings and evaluate the adequacy of the grounds for divorce under Muslim and Christian personal laws to provide remedies to the distressed individuals.

Keywords

  • Divorce
  • Grounds
  • Muslim Law
  • Christian Law

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 3871 - 3879

DOI: https://doij.org/10.10000/IJLMH.119412

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021