the respondent. An attempt has been made to codify customary law which is prevalent among
      Hindus by enacting the Hindu Marriage Act, 1955. This Act, which extends to the whole of
      India, except the state of Jammu and Kashmir, applies also to Hindus domiciled in territories to
      which the Act extends and those who are outside the said territories. It applies to Hindus (in any
      of its forms or development) and also to Buddhists, Sikhs, Jains and also those who are not
      Muslims, Christians, Parsis or Jews by religion. However, the Act does not apply to members of
      any scheduled tribes unless the Central Government by notification in the official Gazette
      otherwise directs. Provisions as regard to divorce are contained in Section 13 of The Hindu
      Marriage Act and Section 27 of The Special Marriage Act. Common ground on which divorce
      can be sought by a husband or a wife under these Acts are: adultery, desertion, cruelty,
      unsoundness of mind, venereal disease, leprosy, mutual consent and being not heard of as alive
      for seven years.
             As regards the Christians, provisions relating to marriage and divorce are contained in The
      Indian Christian Marriage Act, 1872 and in Section 10 of The Indian Divorce Act, 1869
      respectively. Under that Section the husband can seek divorce on grounds of adultery on the part
      of his wife and the wife can seek divorce on the ground that the husband has become convert to
      another religion and has gone through marriage with another woman or has been guilty of: (a)
      incestuous adultery; (b) bigamy with adultery; (c) marriage with another woman with adultery;
      (d) rape, sodomy or bestiality; (e) adultery coupled with such cruelty as without adultery would
      have entitled her to a divorce, (a system of divorce created by the Roman Catholic Church
      equivalent to judicial separation on grounds of adultery, perverse practices, cruelty) and (f)
      adultery coupled with desertion without reasonable excuse for two years or more.
             In The Divorce Act, 1869 comprehensive amendments were made through The Indian
      Divorce (Amendment) Act, 2001 to remove discriminatory provisions against women in the
      matter of divorce and to provide for dissolution of marriage by mutual consent. Further, Section
      41 of the 1869 Act was amended by The Marriage Laws (Amendment) Act, 2001 to provide that
      an application for alimony or the maintenance and education of minor children be disposed off
      within 60 days from the date of service of notice on the respondent. As regards Muslims,
      marriages are governed by the Mohammedan Law prevalent in the country. As regards divorce,
      i.e., a Muslim wife has a much restricted right to dissolve her marriage. Unwritten and traditional
      law tried to ameliorate her position by permitting her to seek dissolution under the following
      forms: (a) This is a form of delegated divorce. According to this the husband delegates his right
      to divorce in a marriage contract which may stipulate, on his taking another wife, the first wife
      has a right to divorce him; (b): this is a dissolution of agreement between the parties to marriage
      on the wife’s giving some consideration to the husband for her release from marriage ties. Terms
      are a matter of bargain and usually take the form of the wife giving up her or a portion of it and
      (c): this is divorce by mutual consent.
             Further, by The Dissolution of Muslim Marriage Act, 1939, a Muslim wife has been given
      the right to seek dissolution of her marriage on these grounds; whereabouts of the husband have
      not been known for a period of four years; husband is not maintaining her for a period of two
      years; (iii) imprisonment of husband for a period of seven years or more; (iv) failure on the part
      of husband to perform his marital obligations, without a reasonable cause, for a period of three
      years; (v) impotency of husband; (vi) two-year long insanity; suffering from leprosy or virulent
      venereal disease; (viii) marriage took place before she attained the age of 15 years and not
      consummated; and (x) cruelty.