Month: April 2023

A person professing Christian religion can get a divorce under the Divorce Act, 1869. The act is applicable if one of the parties to the marriage is a Christian and the marriage can be dissolved by passing a decree by the court under the Act.

Muslim personal law recognises divorce as a lawful way to end a marriage, but it is considered the last resort and should be considered only after making attempts for reconciliation. Divorce can be initiated by either the husband or the wife, but there are specific rules and procedures that need to be followed depending on the circumstances, such as the type of divorce being sought, the waiting period (iddah) for the wife, and the division of property and assets.

Marriage of a Muslim girl can be contracted when she attains puberty under the Muslim Personal Law (Shariat) Application Act, 1937. The Section 2 of the Prevention of Child Marriage Act, 2006 (PCMA) defines any girl below the age of 18 as a child. The Section 3 of the act states that a marriage involving a child is voidable and can be made void by filing a petition at her option within two years after she becomes a major. If the girl does not file a petition for a decree of nullity, her marriage will remain legally valid.