
Divorce, though deeply personal, is a significant legal process in India governed by both secular and religious laws. It not only dissolves a marriage but also raises critical questions about financial maintenance and the welfare of dependents. Indian law strives to ensure that while a marriage may end, dignity and justice for both spouses must remain.
Under the Hindu Marriage Act, 1955, divorce can be granted on several grounds including cruelty, desertion, adultery, and mutual consent. The Special Marriage Act, 1954 provides a secular framework for divorce for interfaith couples. One of the landmark judgments in Indian divorce law is Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558, where the Supreme Court recognized “irretrievable breakdown of marriage” as a valid ground, though not explicitly mentioned in the Act.
Maintenance, often misunderstood, is the financial support a spouse (and sometimes children) may claim after separation or divorce. Section 125 of the Criminal Procedure Code, 1973 provides maintenance rights irrespective of religion. As the Supreme Court stated in Chaturbhuj v. Sita Bai (2008) 2 SCC 316, “The object of maintenance laws is to prevent destitution and vagrancy.”
In Danial Latifi v. Union of India (2001) 7 SCC 740, the Supreme Court upheld a Muslim woman’s right to maintenance beyond the iddat period under Section 125 CrPC, reinforcing that personal laws cannot override the fundamental right to life with dignity under Article 21.
For Hindu women, Section 24 and 25 of the Hindu Marriage Act allow either spouse to seek interim and permanent maintenance. Courts consider the earning capacity, standard of living, and responsibilities of both parties before awarding maintenance. Maintenance for children is also protected under various laws, and the custodial parent can claim financial support for the child’s welfare and education.
As Justice Krishna Iyer once said, “Law must not be a silent spectator to the cry of justice from a broken home.” Indian courts have increasingly taken a compassionate and progressive approach, balancing legal principles with the realities of modern relationships.
Divorce is a personal choice, but maintenance is a legal right—a safeguard to ensure that separation does not become a source of suffering.