Comparative Study Of Divorce In Hindu And Muslim Law
- IJLLR Journal
- Dec 26, 2024
- 2 min read
Aditya Nuna, B.A. LL.B. (Hons.), Amity Law School, Noida
ABSTRACT
This research paper, provides a critical examination of the legal frameworks governing divorce in two major personal law systems in India: Hindu law and Muslim law. The study investigates the evolution of these laws, highlighting their historical, social, and cultural underpinnings. It aims to identify key similarities and differences in the grounds for divorce, procedures, and legal provisions while assessing the implications of these frameworks on gender equality and access to justice. The need for this study arises from the challenges posed by differing personal laws in a secular constitutional state, particularly in promoting consistent legal standards and ensuring gender justice.
The research follows a comparative methodology, drawing on statutes such as the Hindu Marriage Act, 1955 and the Muslim Personal Law (Shariat) Application Act, 1937. Case law, secondary literature, and legal commentaries are analysed to understand procedural aspects, socio-cultural influences, and judicial interpretations of divorce. Grounded in the principles of gender justice and equality, the paper explores how legal reforms have attempted to align religious divorce practices with constitutional mandates, focusing on the shift toward mutual consent divorces, the abolition of instant talaq, and the emerging role of the judiciary in shaping equitable practices.
Through this comparative analysis, the study aims to offer insights into areas for legal reform to promote consistency and fairness in personal laws. Recommendations for harmonizing personal law with constitutional values, along with the need for judicial activism and policy interventions, are discussed. The findings emphasize the importance of evolving legal frameworks that uphold gender equality and social justice, ensuring that divorce laws meet contemporary societal needs.
Keywords: Hindu Marriage Act, Muslim Personal Law, Divorce, Grounds of Divorce
