What are the divorce laws in India?

Divorce laws in India
Matrimonial Disputes » What are the divorce laws in India?

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Divorce is many times the last choice that couples choose due to strenuous reasons. Following the decision to divorce is a long road of legalities to fulfill before the divorce petition is granted.

In India, divorce laws fall under the Hindu Marriage Act, 1955. All petitioners who are of Hindu, Sikh, Jain, and Buddhist religions will be granted divorces under this act. For Muslims, the Dissolution of Muslim Marriage Act, 1939, and for Parsis, the same is the Parsi Marriage and Divorce Act, 1936. Christian divorces come under the Indian Divorce Act, of 1969.

Stated below is a short description of the different divorce laws and petitions in India.

Types of Divorce Petitions

There are two major types of divorce petitions as of new rules for divorce in India 2021 and beyond. One can earn a divorce with the mutual consent of both parties or without mutual consent. It is worth noting here, the following laws will differ depending on the petitioner’s religion, Hindu, Sikh, Muslim, Christian, Parsi etc.

With Mutual Consent

The first type of divorce petition is when both parties, husband, and wife mutually agree to separate. They need to prove that they have been living separately for over a year and provide reasons for divorce, financial or otherwise. The grounds for divorce in India on mutual consent will be given if both individuals can reach a decision on the

● Custody of children, joint, shared, or exclusive.

● Division of all property, including bank accounts, of both husband and wife. To protect the rights of a woman in divorce in India, this must be mutually decided and there is no requirement for the division to be fair.

● Alimony amount is also called maintenance amount. There is no set limit for the
alimony amount.

Also Read: The Rights of a Woman in the Hindu Marriage Act

Without Mutual Consent

The other types of divorces in India is where either husband or wife does not consent to it. The divorce laws in India grant contested divorce on the following grounds.

However, the below divorce laws for males in India and for females will differ based
on religion.

Cruelty: If there has been either mental or physical cruelty or both on any party, they can seek out divorce.

Adultery: Adultery or having intercourse outside of the confines of marriage is grounds for divorce. Divorce due to adultery was a criminal offence but as per new rules for divorce in India 2022, has been decriminalized in India.

Conversion: Converting to another religion after the marriage is enough to file for divorce. Unlike other conditions, for conversion, there is no minimum time limit required to be eligible for divorce filing.

Desertion: If a spouse can prove they have been deserted without any reason, the court can grant a divorce. There must necessarily be proof of intent to desert. Under Christian law, there is no requirement of a minimum time period of desertion to file for divorce. On the other hand, under Hindu law, it is two years.

Infectious Disease: On the occasion that a spouse has contracted an infectious disease such as HIV AIDS or Syphilis, divorce can be obtained, as per Hindu Divorce Laws.

Mental Disorders: Contested divorce is also awarded in case one of the spouses suffers from any mental disorder or is of unsound mind. There must be proof that due to this disorder, they are unable to conduct their daily duties as a spouse.

Renunciation of Worldly Comforts: The spouse of any individual who has adopted sannyasa and gives up on married life during that process can petition for a divorce.

Death Presumption: If the petitioner can prove that their spouse has not been heard of or been in communication for a minimum of 7 years, a divorce is granted. In this case, it is assumed that if they were alive, they would have maintained communication.

Marriage Annulment

Annulment refers to the termination of the marriage by a court. As opposed to divorce, in annulment, it is established that there was no marriage. There is no sharing of properties and does not include alimony. Such annulment can occur if certain conditions are fulfilled which are as follows.

● If one of the spouses was already married at the time of marriage.

● If one of the spouses was not of legal marriageable age and the marriage was
solemnized without the consent of the parents.

● If it can be proven that the spouse was inebriated due to alcohol or drugs during
the marriage.

● Due to mental or physical incompetency

● If the marriage took place through force

● If the spouse has been given a prison sentence for life.

Also Read: Know-it-all to Marriage and Family Law in India

Void Marriage

Under the Hindu Marriage Act, 1955 the concept of Void marriages has been put up. In a void marriage, the spouses do not have the status of husband and wife and no alimony is awarded. Under the law, a void marriage is null and does not exist. Under section 5 of the act, a marriage is considered a void marriage if the following are fulfilled.

● If one of the spouses had a living spouse during the time of the marriage.

● If the relationship between both parties is prohibited due to some reason.

● If both spouses are blood relatives or are close relatives to each other.
Voidable Marriage

As opposed to a void marriage, a marriage can be petitioned to be declared voidable by either spouse. Both spouses will retain their husband-wife status and also the wife can claim maintenance. In voidable marriage, the voidable status is awarded by the court if the marriage took place in the following situations.

● One of the spouses was of unsound mind

● Due to mental disorders, the spouse cannot bear children

● Due to insanity

● The marriage took place due to force

● If either spouse was under-age

● If the spouse is pregnant with someone else’s child.

Divorce can be a hard time for both parties. There are a lot of minor and major details to figure out in order to legally be divorced. Thankfully, there are several NRI divorce lawyers in Chandigarh to help. At Lex Solutions, there is a team of experienced lawyers to competently handle divorces and make the process as painless as possible.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.