A Comparative Study Of Hindu And Muslim Marriages And Divorces

Vaishnavi Rao, Mahindra University

ABSTRACT

India is a secular country, and the charter's essential guideline is secularism. People of each religion live in India. Everyone has the liberty to exercise their faith openly. In civil matters, they're also managed by way of their very own specific laws. Although a unified civil code ought to be in the vicinity, India neither makes nor applies one; consequently, people are free to get married and divorce in keeping with their very own non-public regulations. Hinduism and Islam are the two primary faiths in India.

Muslims are regulated by means of their personal or Islamic laws, while Hindus are ruled with the aid of legal guidelines particular to Hinduism. There is no particular regulation governing marriage and divorce for Muslims, but the Dissolution of Muslim Marriage Act of 1939 changed that, giving Muslim men and women the sole right to divorce. Hindus have a special marriage act and a Hindu marriage act that incorporate provisions for marriage and divorce.

The essential component of the constitution is the right to equality. The idea that love must be handled in addition serves as the muse for this right. As a result, individuals who are exceptional among others can also receive awesome remedies. In maintaining this concept, the constituent assembly made it clear that individuals have the freedom to seek guidance from whichever faith they need and that their civil affairs may be managed according to their personal set of legal guidelines. Following independence, a Hindu-specific regulation became law in India that mandated monogamy in marriage and offered both husbands and wives the same divorce rights. However, there's no special regulation governing marriage among Muslims. They are free to marry based on their own non-public legal guidelines. According to private regulation, a Muslim man is authorized to officiate four marriages, but a Muslim girl is only allowed to wed once. The adherents of the two religions differ significantly from each other and face prejudice. Before independence, the British authorities handed out rules granting the right to divorce, although they only applied to women.