As per the ancient Hindu laws there was no place for Divorce and it was with the codification of Hindu law that the first grounds for the new age laws were laid down.

Divorce between two persons married under the Hindu Marriage Act is also governed by the same act.

1. Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure.

2. Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.

WOMANS RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT. 1939

A Muslim woman may file for divorce on the following grounds-

1. That the whereabouts of the husband have not been known for a period of 4 years

2. That the husband has neglected or has failed to provide for her maintenance for a period of two years.

3. That the husband has been sentenced to imprisonment for a period of seven years or upwards.

4. That the husband has failed to fulfill his marital obligation for a period of three years.

5. That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease.

6. That the husband was impotent at the time of marriage and continues to be so.

The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18.

TRIPLE DIVORCE

Triple divorce is a recognized but disapproved form of divorce and is considered by the Islamic jurists as an innovation within the fold of Sharia. It commands neither the sanction of Holy Quran nor the approval of the Holy Prophet.

Divorce under Christian marriage act.

In most Western nations, there are approximately 16 distinct reasons for which divorces are granted. In India, however, only five main reasons are generally accepted as sufficient grounds for divorce (Choudhary 90).

Adultery. While no formal definition of adultery exists, it does have "a fairly established meaning in matrimonial law" (Diwan 171), namely "the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband" (Choudhary 91). While the law considers it valid grounds for either sex, adulterous women are "judged more harshly" than men (Kapur and Cossman 102). The various religious regulations a e not unanimous on this issue. The law regarding Hindus allows divorce to be granted on the grounds of infidelity of either husband or wife. The Christian law, however, would traditionally not have granted a divorce to a woman solely on the grounds of adultery. She would have had to prove another violation, such as cruelty (Kapur and Cossman 102-4). A recent Bombay High Court decision "recognised cruelty and desertion as independent grounds for the dissolution of a Christian marriage," striking down a section of the law that allowed for an unconstitutional distinction between the sexes (Raiker-Mhatre 1).

Desertion. The three main components of desertion are the "disruption of cohabitation, absence of just or reasonable cause and their combination throughout three years" before the abandoned spouse may petition for a divorce (Virdi 71). There also must be an obvious intent on the part of the offending spouse to remain permanently apart from the other. This statute also applies to cases in which a spouse has been heard from for at least seven years (Choudhary 91).

Cruelty. As with adultery, "the definition of the type of behavior that constitutes cruelty varies according to the gender of the petitioner" of the divorce. "Despite the fact that cruelty is often equally available to husbands and wives, the way in which the law is interpreted and applied suggests that women and men are evaluated by rather different standards" (Kapur and Cossman 105). This category includes both physical and mental abuse and neglect (Choudhary 91). A court decision made in early May 1997 made cruelty sufficient grounds for a Christian woman to obtain a; previously, the law required both adultery and cruelty to be proven. The national Indian Christian community seems to have embraced this judgment (Raikar-Mhatre 1-2.

Impotency. This refers to the physical inability of the couple to consummate the marriage (Choudhary 91) or the refusal by one spouse to do so (Diwan 136). Some cases have established that sterility can be construed to mean non-consummation if the other partner is not aware of the condition before the marriage (Diwan 139).

Chronic Disease. Both mental and physical illnesses are included in this category, as well as sexually transmitted diseases (Choudhary 92). Not all religions recognize identical diseases as grounds for divorce. Christians and Parsis do not allow divorce for a sexually transmitted disease or leprosy while the other communities do (Diwan 204-5).

The Indian Christian Marriage Act, 1872, relates to solemnisation of marriage of persons professing Christian religion. The Act provides that any marriage solemnised otherwise than in accordance with the Act shall be void. Under Section 5 of the Act marriages can be solemnised by -

1. a person who has received episcopal ordination;
2. any clergyman of the Chruch of scotland;
3. any Minister of Religion licensed under the Act.,
4. a Marriage Registrar appointed under section 7 of the Act and
5. any person licensed under section 9 to grant certificates of marriage.

Marriage under Christian Law is in the nature of contract and hence there should be a free and voluntary consent between the parties. When there is a minor, as defined in the Act, the consent of father or guardian is necessary. Marriage is not permissible between the parties who are within the prohibited degrees of relationship under section 19 of the Act. There is no legal impediment for marriage between a catholic and a Protestant. By marriage, the husband and wife become one person, i.e., the legal existence of the women is incorporated and consolidated into that of the husband.

The law regarding divorce, judicial separation and allied matters is contained in the Indian Divorce Act, 1869. Under section 18 of the Act either spouse can seek divorce on the grounds contained in section 19 which reads as follows:-

Section 19: Grounds for decree of divorce :-

1. That the respondent was impotent at the time of marriage and institution of the suit;
2. That the parties are within the prohibited degree of consanguinity or affinity;
3. That either party was a lunatic or idiot at the time or marriage.
4. That the former husband or wife of either party was living at the time of marriage and the said marriage was then in force.

Nothing shall affect the jurisdiction of the High court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.

Under Section 10, the wife can seek the marriage be dissolved on the ground-

1. that her husband exchanged professing Christianity and gone through a form of marriage with another woman;
2. incestuous adultery;
3. bigamy with adultery;
4. marriage with another woman with adultery;
5. rape, sodomy or bestiality;
6. adultery coupled with cruelty and
7. adultery coupled with desertion without reasonable cause for two years or more. Under section 11, in cases of allegations of adultery, the adulterer should be made a party. Pendente alimony may be granted under section 36 of the Act.

RESTITUTION OF CONJUGAL RIGHTS - (Right to stay together)

If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.

The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgement debtor. The practice has shown that the decree of restitution is a paper decree.

However, if the decree of restitution of conjugal right is not honoured for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce. JUDICIAL SEPARATION: Legal Separation without divorce         Either party to the marriage may present a petition on any of the grounds stated in the provisions for divorce, praying for a decree of judicial separation. A judicial separation is a legal way to stay separate from the spouse, without obtaining a decree of divorce. It also helps in cases to defend a petition for restitution of conjugal rights. A judicially separated spouse cannot be given a meaning to include a spouse merely living separately, and who has not obtained a decree for judicial separation.         In case, there has been no resumption of cohabitation between the parties to the marriage for a period of one year or upwards, after the passing of the decree for judicial separation, it shall be a ground for a divorce.