Cruelty On The Ground Of Divorce Across Religions And The Various Interpretations Of The Term Cruelty Given By The Supreme Court
- IJLLR Journal
- 8 minutes ago
- 2 min read
J. Sathvika, B.Com. LL.B. (Hons.), School of Excellence in Law – TNDALU
INTRODUCTION:
The word marriage appeared around 1300 and is borrowed from Old French marriage (12th century), ultimately tracing to the Latin maritātus 'married', past participle of maritāre 'to marry'. Marriage establishes rights and obligations between them, as well as between them and their children (if any), and between them and their in-laws. Marriage classified into following types, such as: monogamy, serial monogamy, polygamy, polygyny, polyandry, plural marriage, child marriage, same-sex marriages, temporary marriages, cohabitation, and third- gender marriages.
Divorce is a legal ending of the marriage between two individuals. Cruelty is a valid legal ground for divorce. Both husbands and wives can file divorce on this basis. Divorce also known as dissolution of marriage, it is the process of terminating a marriage between legally wedded husband and wife. Divorce usually ends or cancels the legal duties and responsibilities of the marriage according to the law.
DIVORCE LAWS ACROSS RELIGIONS:
Divorce puts the marriage to an end, and the parties revert to their unmarried status. The same also recognized under the Personal laws, which govern marriage, and these personal laws are in most cases codified under an act of the legislature.
In India, the law in relation to marriage and divorce for a Hindu, Sikh, Jain or Buddhist is codified and governed under the Hindu Marriage Act, 1955; in case of a Muslim by their Personal laws recognized under the Muslim Personal Law (Shariat) Application Act, 1937 as well as Muslim Dissolution of Marriage Act, 1939. For the Christians, the marriage and divorce are governed under the Indian Christian Marriage Act, 1872 and the Divorce Act, 1869 respectively. Apart from personal laws, the Special Marriage Act, 1954 which is a secular law and allows parties of different religion & castes to be married, governs these matters in relation to those parties.
