This article is written by Ms.Ayushi Yadav , a B.A.LLB 3rd year student of Llyod Law college, Greater Noida.

Abstract

Religions have their own rules and procedures regarding divorce, including as it relates to remarriage. Some also have a special set of rules and views around annulment which basically means a marriage is considered not to have been valid. So, while religious and civil divorces may affect one another in some aspects, they often work in different worlds.

The impact of religious practices on divorce can vary widely depending on the beliefs and values of the individuals involved. In some cases, religious teachings may encourage commitment and discourage divorce, leading couples to seek reconciliation or counseling. However, individual interpretations and cultural factors play significant roles, and divorce rates can differ among religious communities. It’s essential to consider the diverse perspectives within each religious group when exploring this topic.

INTRODUCTION

Religion is an important factor for many couples seeking divorce. That is because although marriage has legal implications in New Jersey and across the nation, many popular religions also have their own set of guidelines for marriage and divorce.

In India, divorce is a personal matter, and it being connected to religion, the personal laws deal with it. Divorce in Hindu is governed by Hindu Marriage Act, 1955, in Muslims, it is governed by Dissolution of Muslim Marriages Act, 1939, in Parsis it is governed by the Parsi Marriage and Divorce Act, 1936, and in Christians, it is governed by the Christians by the Indian Divorce Act, 1869. All the other and inter-community marriages are governed by the Special Marriage Act, 1956.

What is a Civil Divorce?

Divorce or the secular dissolution of marriage is the legal termination of the marital relationship. A civil divorce refers to the end of the marriage in the eyes of the law. When a couple divorces, they must resolve certain issues including the division of assets, alimony, child support, and child custody.

Although some couples opt to separate without getting formally divorced, it is important to complete the civil divorce process for a few reasons. A legal divorce severs the connection between spouses, ending their ability to make financial and medical decisions on each other’s behalf.

If those financial ties linger, you may be responsible for any debts your estranged spouse incurs. And you cannot remarry until you officially divorce your spouse. Even if you and your ex-spouse are living separate lives, you cannot truly move on legally, financially, and emotionally until you have that final divorce decree.

What is a Religious Divorce?

Most religions recognize the institution of marriage. Some also recognize divorce, although attitudes toward divorce tend to vary from faith to faith. Many couples going through a civil divorce have the added task of getting a religious divorce, particularly if they want to remarry in their own house of worship.

How Different Religions View Divorce

Although the process looks different from religion to religion, the following is a basic overview of the most commonly practiced faiths and how they view divorce.

1) Christianity and divorce: Christianity is the world’s leading religion, with more than 2.5 billion observers across the globe. That means an estimated one-third of the world’s population observes some form of Christianity, with the majority located in the United States.

Generally, Christianity views marriage as a life-long commitment between two people, and divorce is typically frowned on. However, Christianity encompasses several denominations, each with their own specific views on divorce.

Mormonism, for example, frowns on divorce but does allow couples to get a so-called cancellation of sealing to end the marriage within the church. Protestantism also permits divorce if the marriage is beyond repair, and they also support remarriage in the church.

Roman Catholicism is less lenient when it comes to religious divorce. Because Roman Catholics consider marriage one of the holy sacraments, divorce is considered a sin in the church. Marriage for Catholic couples ends only if one partner dies, or the couple gets an annulment.

2) Hinduism and divorce: Hinduism is the world’s oldest religion, dating back more than 4,000 years. Today, an estimated 900 million people follow Hinduism, with the majority of followers living in India. As opposed to a single, organized religion, Hinduism is more of a way of life and a series of principles.

Hindus believe in the universal law of cause and effect, karma, and they strive to have good morals and values. Historically, divorce was forbidden in Hinduism and marriage was considered a sacred union, much like in Catholicism.

However, the Hindu Marriage Act of 1955 allowed divorce in certain circumstances, including abandonment, cruelty, and infidelity. Still, divorce tends to be less common among Hindus, when compared with people of other faiths. 

3) Islam and divorce: With around 1.8 million followers, Islam is the second largest religion in the world behind Christianity.  The word Islam means “submission to the will of God,” and observers, Muslims, aim to live a life in complete submission to God, Allah.

Again, like other leading religions, Islam has several smaller groups, and each may have their own respective views of divorce. However, generally, divorce is permitted in Islam, but only as a last resort.

Couples seeking a divorce may be encouraged to visit a mosque to resolve their conflicts and possibly avoid divorce. In Islam, divorced men can remarry immediately, whereas women must wait for a certain period before they can wed again.

4) Judaism and divorce: Judaism is the world’s oldest monotheistic religion. It dates back nearly 4,000 years. Jewish people believe a single God established an agreement, or covenant, with them. God communicates through prophets, rewards good acts, and punishes evil.

Divorce is not encouraged in Judaism, but it is allowed. Orthodox Judaism is the strictest of the different sects. In Orthodox Judaism, only men are allowed to divorce their wives. And that divorce must take place in a rabbinical court before a written document, or a get, can be granted.

Without a get, some Orthodox Jewish women are unable to remarry under Jewish law or have future children who are considered religiously legitimate. However, Reform Judaism and other more liberal sects allow both spouses to seek divorce.

EFFECT OF RELIGIOUS PRACTICE ON MARRIAGE

There are many indications that the combination of religious practice and stable marital relationships contributes to a strong and successful next generation. Social science shows that stable marriage is associated with improved physical, intellectual, mental, and emotional health of men, women, and children, and equips them with the values and habits that promote prosperous economic activity. Religious practice is also related to positive outcomes for the stability and quality of marriage.

Religious beliefs have a significant impact on attitudes towards divorce. Studies have shown that individuals who attend religious services frequently and believe in the Bible as the Word of God are more likely to support stricter divorce laws . The intergenerational transmission of religious views also plays a role, as parents’ religiosity influences their adult offspring’s views on divorce . More religious offspring tend to be less tolerant of divorce, even if they do not share their parents’ religious practices. Additionally, religion can influence how divorcees frame their divorce experience, with more religious individuals more likely to emphasize their former spouse’s role in the divorce while minimizing their own.

Religious practices can positively impact marriage by providing a shared value system, moral guidance, and a sense of community support. They may also offer rituals that strengthen emotional bonds and provide a framework for resolving conflicts. However, challenges can arise if partners have differing beliefs or if rigid interpretations lead to conflicts. Ultimately, the impact of religious practice on marriage varies based on individual dynamics and how the couple navigates differences.

DIVORCE UNDER DIFFERENT PERSONAL LAWS

1) Divorce under Hindu Personal Law

Divorce under the Hindu personal law is recognized under the Hindu Marriage Act, 1955 which applies as per Section 2 of the Act to any person who is a Hindu by religion in any of its forms or developments, to any person who is a Buddhist, Jain or Sikh by religion, to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion. 

Section 13 of the Act provides for the dissolution of the marriage or divorce, for which either spouse can file an application before the appropriate court for granting a decree. The grounds which are available under the provisions are Adultery, cruelty, Desertion, conversion to another religion, mental disorder, Leprosy, venereal disease, Renunciation of the world, Presumption of death etc.

There are two grounds that are based on the ‘break-down’ theory of divorce which either spouse may avail: 

That there is no resumption of cohabitation for a period of one year or upwards after the passing of decree of judicial separation.

That there is no restitution of conjugal rights for a period of one year or upwards after the passing of the decree for restitution of conjugal rights.

Section 13-B provides for divorce by mutual consent where both the parties living separately for a period of one or more years, present a petition for divorce on the ground that they have not been able to live together and therefore agreed mutually to dissolve the marriage

2) Divorce under Muslim Personal Law

The Muslim Personal Law (Shariat) Application Act, 1937, under Section 2 states that notwithstanding any custom or usages in matters of dissolution of marriage, where the parties are Muslims will be governed by the Shariat or the Muslim Personal Law.  Further, the dissolution of marriage for a party that is a Muslim can be divided into the following:

• Divorce by husband
• Divorce by wife
• Divorce by mutual consent
• Judicial Divorce
• Judicial separation 

3) Divorce under Christian Personal Law

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 bypassing a decree by the court under the Act.

The grounds provided by the Act for dissolution of a marriage under Section 10.

The parties to the marriage can also file a petition together for seeking divorce by mutual consent under Section 10-B on the ground that they have mutually agreed to divorce after living separately for a period of two years or more and have not been able to live together.  

4) Under the other special laws

The Special Marriage Act, 1954 provides for the marriage of parties irrespective of the religion, faith or caste etc. followed by either of the parties. Similarly, the divorce by the parties who got married under the act is also governed by the same enactment. The grounds for divorce are mostly similar to those under the Hindu Marriage Act, 1955. Another enactment, the Foreign Marriage Act, 1969, is availed by parties between whom at least one person is a citizen of India and the marriage takes place in a foreign country while adhering to the conditions given by this Act. The divorce between such parties is governed by the provisions of the Special Marriage Act, 1954 subject to the provisions of the Foreign Marriage Act, 1969.

WHEN RELEGION LEADS TO DIVORCE?

Religious people tend to have strong moral beliefs, which can protect a marriage. For example, if the marriage suffers from infidelity, the couple is more likely to stay together due to their beliefs. Religion also has health benefits, with those who are religious often living longer.

However, too much of a good thing can be bad in some cases. Some people tend to be overly religious, which can impact a marriage. In fact, it can even lead to divorce.

Some couples get divorced over religious differences. For example, one may be Christian while the other may be Jewish. While interfaith marriages are common, sometimes arguments arise when the couple has children. They may not be able to agree on how to raise their children and this can cause conflict when it comes to holidays and observances.

Sometimes both parties are nonreligious when they get married. Then one person decides to find religion and they become obsessed with it. All of their activities revolve around religion, such as reading a Bible, talking about God, watching religion-themed television or only listening to Christian music. This can be a source of conflict in a marriage, especially if the other spouse is an atheist.

Sometimes both parties share the same religion when they get married. However, not all grow in the religion together at the same pace. One person may keep getting more and more religious, while the other may lose faith. They may become less religious over time and this can be a source of conflict in the marriage.

Depending on their religious beliefs, a couple may be confused as to whether or not they should stay together. Is divorce a sin? Does their religion require them to stay married until death do them part? This is something they will need to discuss with their pastor, priest or other church official.

DOES FAITH REDUCE DIVORCE?

Religious belief and activity matter in important ways, making a deeply practical difference in how husband and wife interact with each other in daily life. It helps them manage their conflicts in kinder, more forgiving, and collaborative ways.

The faith benefit is strong even for couples facing serious difficulties in their marriage. Mahoney and her team explain, “Couples who belonged to the same denomination at the time of their wedding were twice as likely to reconcile as couples in religiously marriages. Couples where either partner had converted to the partner’s denomination prior to marriage were four times more likely to reconcile” than those with no or dissimilar faith. 

Reinforce the nature and importance of marital love, sacrifice and attending to your spouse’s needs.

Put couples in contact with numerous resources  encouraging friends and peers, marital education  that help them prepare for and strengthen marriage as well as resolve inevitable conflict.

Religious practice can:

– Reinforce a couple’s understanding that marriage is a sacred thing, larger than the couple and must ideally last for a lifetime.

– Reinforce biblical teachings against divorce, pornography, and marital infidelity.

– Reinforce the nature and importance of marital love, sacrifice, and attending to your spouse’s needs.

– Put couples in contact with numerous resources – encouraging friends/peers and marital educations – that help them prepare for and strengthen marriage as well as resolve inevitable conflict. (Wilcox found that encouragement and advice from church friends accounts for more than half of the marital benefit of church attendance.)

– Increase many other important measures of personal health and well-being as well as a deeper sense of meaning in life, all things generally associated with greater marital happiness and protection against divorce.

Faith does matter. It makes a difference in all areas of life, including marriage. It is important that leaders and members of every church know this, as well as all marriage counsellors. It’s one of the most powerful secret weapons in marital happiness and longevity and this should no longer be a secret to anyone.

Will a Religious Divorce Impact a Civil Divorce?

Yes, Divorce is more complex for couples who have a strong faith and are bound to the marriage guidelines of their religion.  For this reason, legal counsel prior to civil and religious marriage is always strongly advised.

To prevent undue stress, delays, or complications in the future, anyone getting married should meet with an experienced divorce lawyer to fully grasp the civil implications and religious factors involved if they decide to end their marriage.

The reality is that couples who get legally divorced may still be bound to each other because of the rules of their religion. It takes a capable lawyer knowledgeable in the views and guidelines of different religions to resolve these issues.

Although divorce is never the desired outcome, it is in your best interests to be practical and consider that worse-case scenario should you decide to divorce your spouse, especially if you want the option to remarry in your church, mosque, or synagogue.

Beyond these four widely practiced religions, people observe many other faiths. If you have specific questions about your own faith and divorce, contact a trusted religious divorce lawyer and an advisor or elder from your own religious community for guidance.

CONCLUSION

The intersection of religion and divorce involves a complex interplay between personal beliefs and legal frameworks, where individuals navigate the tension between their faith and the legal processes governing marital dissolution.

The interplay between religion and divorce involves complex dynamics influenced by both beliefs and legal frameworks. Various religions have distinct perspectives on marriage and divorce, often rooted in religious texts and traditions. For example, some religions may strictly prohibit divorce, viewing marriage as a sacred and lifelong commitment.

In contrast, legal systems around the world typically provide mechanisms for divorce, allowing couples to dissolve their marriages through established legal processes. These laws often prioritize factors such as irreconcilable differences, abuse, or abandonment over religious considerations.

Conflicts may arise when individuals seek divorce due to legal reasons that are not aligned with their religious beliefs. This tension can lead to moral dilemmas and social stigmas within religious communities. Some individuals may face challenges reconciling their commitment to religious doctrines with the practicalities of navigating a divorce within legal frameworks.

Furthermore, the extent to which religious laws influence civil divorce proceedings varies globally. In some countries, religious authorities may play a significant role in divorce proceedings, impacting issues like custody and spousal support. In others, a clear separation exists between religious and civil jurisdictions.

It’s essential to recognize the diversity of beliefs and legal systems worldwide, as well as the on-going dialogue and potential conflicts between religious doctrines and secular laws regarding divorce. Understanding this interplay requires a nuanced examination of specific religious teachings, cultural contexts, and legal frameworks within different societies.

 

REFERENCES

1)https://www.jstor.org/stable/1387856

2)https://www.legalservicesindia.com/article/1852/Law-and-Religion.html 

3) Hindu Marriage Act, 1955

4) Muslim Personal Law (Shariat) Application Act, 1937

5) Special Marriage Act, 1954

6)https://vakilsearch.com/blog/3-legal-rights-about-getting-divorce/

7)https://www.hzu.edu.in/uploads/2020/10/DIVORCE-UNDER-HINDU-MUSLIM-AND-CHRISTIAN.pdf