Which law governs divorce by mutual consent?

Divorce with mutual consent is governed by laws in accordance with the religion of the contesting parties:

  • Hindus (includes Sikhs, Jains, Buddhist) are governed by Section 13(b) of Hindu Marriage Act;

  • Divorce under Islam is governed by Shariat (personal laws) and Dissolution of Marriage Act, 1939;

  • Christians are governed by the Indian Christian Marriage Act, 1872; and

  • Special Marriage Act, 1954 is a secular act covering all parties irrespective of their religion.


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