International Journal of Law
International Journal of Law
International Journal of Law
Vol. 7, Issue 5 (2021)

Divorce in India: An overview of personal laws


Sandeep Kumar

Various general and personal laws deal with the issue of divorce among married spouses in India. Constitutionality and rationale to enact personal laws to regulate divorce under Muslims, Jews, Paris, and Christians etc. have always been under judicial scanner. Personal laws have been given recognition under Constitutional law of India barring Article 44 of Indian Constitution that imposes a positive obligation on the governments to implement Uniform Civil Code in India. But Article 44 till date has not been implemented hence personal laws are continues in operation and prevail over general laws in India. The provisions of personal laws are flawed in many respects. Therefore, protection and retention of personal laws seems unreasonable and unacceptable. In this study, an attempt has been made to discuss the significant provisions of personal laws and the statutory general laws on divorce. The purpose of comparison of grounds of divorce would be useful to find out the answer of questions whether personal laws on divorce still needs to be retained in India or whether time has come to implement Article 44 of Constitution to ensure equality and gender neutrality in matter of seeking divorce. The present study will attempt to answer these questions. The study is theoretical in nature hence secondary data will be used to complete the study.
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How to cite this article:
Sandeep Kumar. Divorce in India: An overview of personal laws. International Journal of Law, Volume 7, Issue 5, 2021, Pages 06-18
International Journal of Law