Family Law Comparative Table

Features Hindu Marriage Act, Special Marriage Act, The Indian Christian The Divorce Act, 1869
1955 1954 Marriage Act, 1872
Conditions  Monogamy  Monogamy  Bridegroom is 21
of valid  Mental soundness  Mental soundness years old and the
marriage  Bridegroom is 21  Bridegroom is 21 bride is 18 years
years old and the years old and the old
bride is 18 years bride is 18 years  Monogamy
old old  Must take place in
 Parties not within  Parties not within presence of
the ambit of the ambit of licensed person
prohibited prohibited and at least 2
relationship relationship, witnesses
 Parties are not subjected to  Mentioned in
sapinda relations. exceptions Section 60
 Mentioned in  If solemnised in
Section 5 J&K, parties must
be domiciled in
territories where
this act is
enforceable
 Mentioned in
Section 4
Ceremonies/  Rituals of either  The marriage has  Rituals
Procedures party are to be to be in a civil considered
followed. marriage form but essential and
 In case of the parties can proper as per
saptapadi, the perform any other minister or priest
completion of the rituals or religious performing the
seventh step ceremonies they marriage.
solemnises the want  If the marriage
marriages  The parties who has not been
 Mentioned in want to get performed within
Section 7 married sends out two months after
a notice to the issuance of
marriage officer certificate of
 Public notice is notice, the
put out by the marriage cannot
officer for 30 be solemnised
days to raise  Mentioned in
objections Section 26
 Mentioned in
Section 5, 6 ,7
Restitution Grounds for filing  The spouses must Dealt in The Divorce  Wife or husband
of Conjugal  The spouses not live together Act,1869 withdrew from
Rights must not live  The reason for the society
together such separation  The cause for
 The reason for must be withdrawal must
such separation unreasonable be unreasonable
must be  Same as under  Whatever the
unreasonable HMA, 1955 other pleads may
Mentioned in Section 9  Mentioned in be a ground for
Section 22 judicial separation
or dissolution
 Mentioned in
Section 32 and 33
Judicial  This section is  All the grounds Dealt in The Divorce  Grounds are
Separation read with section for divorce also Act,1869 adultery,
13 apply for judicial desertion for 2
separation. years, cruelty
  All the grounds  This section is  Wife shall be
for divorce also read with Section considered
apply for judicial 27 unmarried
separation.  Cohabitation of  Reversal of the
 Cohabitation of the spouses is separation is
the spouses is optional but possible on the
optional but subjected to grounds that it
subjected to appeal was obtained in
appeal  Marriage is still in the absence of the
 Marriage is still in existence other spouse or a
existence  Same as reasonable
 Mentioned in HMA,1955 excused must be
Section 10  Mentioned in presented
Section 23  Mentioned in
Sections
22,23,24,25 and
26
Dissolution  Living separately  Living separately Dealt in The Divorce  Living separately
of Marriage (not physical) for (not physical) for Act,1869 (not physical) for
1 year before 1 year before 1 year before
filing filing filing
 Have not been  Have not been  Have not been
able live together able live together able live together
 Mutual agreement  Mutual agreement  Mutual agreement
 Passed after 6  Passed after 6  Passed after 6
months but before months but before months but before
18 months after 18 months after 18 months after
filing filing filing
 Mention in  Same as  Mentioned in
Section 13B HMA,1955 Section 10A
 Mentioned in
Section 28

Jurisdiction  Petitions under  Petitions under Dealt in The Divorce  Petitions related
this act to be filed this act to be filed Act,1869 to all matrimonial
with District with District matters are to be
Court of local Court of local heard by the High
limits, subjected limits, subjected Court and District
to the conditions to the conditions Court.
laid down in the laid down in the  High Court has a
same section same section extraordinary
 Mentioned in  In addition to the jurisdiction where
Section 19 above conditions, it can try and
there is a remove any suit
condition presently in the
exclusively District Courts
present for wife within its
 Mentioned in jurisdiction
Section 31  Mentioned in
Sections 4, 5,6 ,8
and 9
Nullity  Bigamy  Bigamy Dealt in The Divorce  Impotency
 Marriage between  Mental Soundness Act,1869  Marriage between
people of  Competent age of people of
prohibited the parties prohibited
relation  Marriage between relation
 Marriage between people of  Mental capacity
people of sapinda prohibited  Bigamy
relation relation  Mentioned in
 Mentioned in  This section not Section 18 and 19
Section 11 read applicable to
with Section 5 marriages
solemnised under
 Section 18
 Mentioned in
Section 24 read
with Section 4
Divorce  Based on Fault  Grounds are laid Dealt in The Divorce  Grounds are laid
Theory out in Section 27 Act,1869 out in Section 10
 Grounds are laid  The grounds are  There are a total
out in Section 13 little different of 10 grounds on
 Section 13(2) is from that laid out which a spouse
available for a in HMA can claim
wife as further regarding  Additionally, wife
grounds for imprisonment and has 10(2) under
divorce religious affairs which she can
claim on the
grounds of rape,
sodomy, bestiality
Application  Hindus  Inter-religious  Christians  Christians
 Mentioned in  Mentioned in  Mentioned in  Mentioned in
Section 2 Section 4 Section 4 Section 2