Shedding Light on the Dark Themed Concept of Divorce​​

Maseeh Syed Yazdani
Jindal Global Law School, O.P. Jindal Global University, India.

Volume IV, Issue I, 2021

Divorce has always been seen under a negative light in our society, the provisions for divorce that exist today in India throughout different acts do not seem progressive enough. Marriage is seen as an indissoluble relationship between a man and a woman under Hindu Law, and even though this hypothesis may sound timeworn, the concept of Restitution of Conjugal Rights stands upright to back this up. Until the enactment of the Hindu Marriage Act in 1955, Hinduism did not recognise the separation of a wife form her husband due to any reason, be it abandonment or domestic violence in the household. These reasons led people to believe that a broken marriage or a marriage which results in divorce is something that is against God’s will, making divorce even a larger taboo in the Hindu community. Islam, on the other hand has recognised divorce as a matrimonial relief from the very start, however, it is something that is suggested to be avoided. One starts to question why divorce is seen as such a taboo in India and the answer to this question is often found in the very root of different religions. The Prophet has listed divorce as one of the worst things that have been permitted under Muslim Law, and it is not an option that one should opt for until and unless it becomes an absolute necessity. There are multiple theories of divorce under both the Hindu Law and the Muslim Law, this paper will seek to analyse these theories and compare the important grounds listed in them, providing more focus towards the divorce at will theory and the rather controversial theory of the Irretrievable Breakdown of Marriage under both the Hindu and Muslim Law.​