Complete severance of husband and wife relationship in between a married couple by way of judicial interference is said to be divorce legally . In India, decree of dissolution that is divorce can be granted by a competent court only . No legal document like agreement of divorce on a stamp paper or an agreement of parties that is notarized can end the relationship as husband and wife .
Our society is very influenced by the movies. In movies we all the time see that a divorce is finalized by signing on a single paper by the hero or the heroine and there after the marriage ends . This absolutely false and Indian law does not permit such acts that end marriages by signing on single paper .
For divorce to be valid, legal and binding , we have to file a petition in the concerned court seeking divorce either by mutual consent or filing the divorce on one of the grounds provided by the Law . There is no short cut to end the marriage . Even if the marriage is of one day , we require to file a petition in in the court asking for divorce .
Marriages and divorces in India are governed by the personal laws of the parties to the marriage.
For eg :- Where the bride and groom are both Hindus , then their marriage is solemnized as per the Hindu rites and rituals , are governed by Hindu Marriage Act . Here it is important to note that definition of Hindu covers, Jains, Sikhs, Buddhist and every person who is not a Muslim, Christian or Parsi .
Where the marriage is registered marriage i.e marriage that is registered by the Marriage Registrar , under the Special Marriage Act , in between a couple of different faith, the marriage and divorces for this couple is governed by the Special Marriage Act.
So is the case of persons practicing Christianity, they are governed under the Christian Divorce act and accordingly with Parsi and Muslims.
So when a person wants to separate from his or her spouse , they have to file a petition under their respective personal Laws .
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