DIVORCE IN INDIA

ABSTRACT

Divorce literally is the end of a marital relationship. It is the termination of the marital bond between the partners. As per the law, divorce is a process which ceases the existence of a marital bond, leading to the dissolution of marriage, after which a marital couple will no longer be husband and wife. In this Article, I pay my attention toward increasing rate of Divorce in India.

INTRODUCTION

Divorce means the termination of marital relations. It means dissolution of the marital bond. Technically speaking, divorce means a decree of dissolution of marriage. Divorce is a process through which marital bond ceases to be in existence as per law and the couple can no longer be called the husband or the wife. Divorce allows the couple to come back to the status as if they are not married. They become free to marry again. Divorce means the dissolution of marital relations, rights and obligations. Hindu marriage is regarded as sacred because it is a bond of indissoluble nature. In any society when the married persons feel that they cannot live together, they have no other alternative but to dissolve the marriage. Divorce is the final dissolution of marriage. As far as Hindus are concerned, the bond of matrimony was regarded as permanent bond and dissolution of marriage was generally not regarded as proper. Hindu marriage is an unbreakable, permanent bond. Keeping this in view, Manu says that the husband and the wife should always treat each other in such a manner that no occasion may arise for them to separate from each other. Despite this permanent nature of Hindu marriage, Hind Dharma Sastras approve dissolution of marriage under certain special circumstances.

CONDITIONS

1.) If the first husband is missing

2.) If a husband becomes an ascetic

3.) If a husband is impotent.

4.) If a husband is degraded from the caste.

5.) If a husband is dead.

SOME ALLIED CAUSES OF DIVORCE

1.) Separation

2.) Desertion.

3.) Annulment.

Rising of divorce rates in India

The recent decades have witnessed a subsequent rise in the number of divorce cases of India. The pattern of divorce that occurs in India differs from that which occurs in the Western Countries. There are many reasons which enhance the rise of the rate of divorce in India. People’s attitude towards the change in the legal acts related to divorce has created ways which increase divorce. The legislation regarding divorce gets fuelled by the marital relations in which none of the spouses can live a happy and content life. The partners just stay trapped in a negative relationship, and the husband and wife are only just names. The legal laws and acts created a way for easy divorce.

CONCLUSION

Marriage is a lifelong relationship essential for an established structure of the society. For divorce, the decision becomes much more difficult after the involvement of children, that’s why restitution of both the partners is necessary. To get married is a significant decision in life, and it should be taken wisely. Further efforts should be made to make the relationship flourish. I hope you liked this informative Essay on Divorce in India. The divorce rate in India has been increasing since 1960. On the other hand, the trend of the courts is towards preventing hasty and frivolous divorce. The courts try to promote reconciliation and prevent hasty breakups.

REFERENCE

Comprehensive Essay on Divorce in India

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