1.Why are divorce cases in the news?
1.In 2022, 11.4 lakh cases were pending in family courts across the country.
2.There are 715 family courts in the country in 26 states and union territories.
3.In the Indore family court, 8400 cases are pending out of which 5500 cases are related to divorce. Out of these, 3000 divorce cases have been filed by those couples who had been married within one year.
4.The data shows that the incidents of divorce are increasing with every passing year. While in 2018 there were 2250 divorce cases filed in the family court of Indore, it rose to 2723 cases in 2022. In most of the cases, it has been observed that the main reasons for filing divorce petitions are lack of compatibility, intolerance, distrust, clash of egos etc.
2.What is divorce?
1.Divorce is a legal dissolution of a marriage by court or other competent body. This is the end of the conjugal life. The divorce petition can be filed by either of the spouses only after the lapse of one year of their marriage.
3.Difference between divorce and judicial separation
1.Divorce is the dissolution of marriage and it brings to an end marital rights and obligations between the parties. In judicial separation, the rights and obligations of the parties to marriage are suspended temporarily and marital relationship between the parties does not come to an end.
2.In case of divorce, the parties can remarry after a period of appeal has passed. In case of judicial separation, the parties can not marry unless a decree of divorce is obtained as provided in section 13 of Hindu marriage act.
3. If the parties resort to cohabitation during the course of divorce, there would be no effect on a decree of divorce. If the parties resort to cohabitation during the course of judicial separation, the effect of decree would be neutralised.
4.Grounds of divorce among Hindus, Muslims and Parsis
1.Hindus, Muslims, Christians and Parsis are governed under separate marriage acts and so the grounds for divorce are also different for different religious communities.
2.Under the Hindu marriage act 1955,the grounds for divorce are
Adultery
Cruelty
Desertion for two years
Conversion
Mental disorder or insanity
Leprosy
Venereal disease like AIDS or STD
Renunciation
Not heard alive for 7 years
Non-resumption of cohabitation for one year and the husband neglects the judgement of maintenance awarded to the wife by the court, the wife can file a divorce petition against her husband.
3.In addition, a girl can file a divorce petition if she was married before the age of 15 years. A married woman can file a divorce petition against her husband if her husband has indulged in rape, bestiality and sodomy.
4.A wife can also seek divorce from her husband if she has a reason to believe that her husband has married another woman.
5.Grounds for divorce under Parsi marriage and divorce act 1936
Continuous absence of 7 years
Non-consummation of marriage within one year
Unsound mind
Pregnancy by some other man
Adultery, bigamy, fornication, rape or any other type of perverse sexual acts
Act of cruelty
Suffering venereal disease
Forcing the wife into prostitution
Sentenced to prison for 7 years or more
Desertion for two or more years
Non-resumption of cohabitation after passing an order of maintenance
A decree of judicial separation
6.Grounds for divorce under the dissolution of Muslim marriage act 1939
A Muslim woman can seek divorce on the following grounds in India
The whereabouts of the husband are unknown for four years
The husband has failed to provide maintenance to the wife for at least two years.
The husband has been under imprisonment for 7 of more years
The husband is unable to meet the marital obligations
If the girl is married before 15 years and decides to end the relationship before she turns 18 years.
Husband indulges in the acts of cruelty
7.Grounds for divorce among Christians
Adultery
The person has ceased to be a Christian by converting to an another religion
Unsound mind
Suffering from leprosy
The person has not been heard for a period of 7 years
The person has wilfully refused to consummate the marriage for a long period.
Desertion for two years
Cruelty to wife
Failure to comply with a decree for restitution of conjugal rights
The woman can also file the petition against her husband if the husband is guilty of rape, sodomy or bestiality.
8.Divorce by mutual consent
The high court of Karnataka has ruled that under section 13 B of the Hindu marriage act, 1955 the courts are required to allow 18 months to lapse from the filing of a plea for divorce through mutual consent before deciding on the divorce case.
5.The scenarios of divorce in India and important countries of the world.
1.Divorce rate in India ranks the lowest among all countries in the world. Only one out of hundred marriages in India end up in divorce while in the USA 50% of marriages turn into break ups. The following figure gives an idea about the divorce rate of different countries of the world.
2.Sweden -54.9%, USA-54.8%, Russia-43.3%, UK-42.6%, Germany-39.4%, Singapore-17.2%, Japan-1.9%, Sri Lanka-1.5%, India-1.1%.
3.The divorce rate in India is steadily increasing year by year. It is estimated that the number of divorces has more than doubled for the last two decades.
4.The rate of divorce in urban cities like Delhi, Mumbai and Bengaluru is more than 30%.
5.States like UP, Bihar, Haryana, Rajasthan which are known for patriarchal societies, have relatively low divorce and separation rates but in the north Eastern regions, the divorce rate is increasing.
6.Maharashtra has higher incidences of divorce cases which is 18.7%. The top ten states having more divorce cases are mentioned below.
7.People from the age group of 20-35 are searching for divorce the most and females between the age group of 20-35, 56.2% seek divorce.
6.Why are the incidents of divorce are increasing in India?
Lack of communication
Financial problem in the family
Emotional break down of relationship
Lack of trust
Different value system
Insecurity
Wanting to be independent
Erratic work schedule
Alcohol and smoking
Depression
The empowerment of women in urban areas
Awareness of various rights given to women
Gender equality often provokes ego clashes between husband and wife.
The most literate state Kerala witnessed the increase of divorce rate by 350% in the last ten years. Punjab and Haryana have witnessed an increase of 150% divorce rate since the last decade. Similarly, in the last four years the divorce rate has doubled in Delhi.
7.How to mitigate the frequency of divorce cases in India
Be faithful to your partner
Accept changes in society
Communicate with your wife but not to dominate her
Relation should be based upon mutual respect for each other
Understand the problems of your partner
Guidance and counselling
Consulting elders who have been in marriage for long time
Leaving aside the shortcomings of your partner
Strive for stability of economic resources and sustainability by saving up
8.Conclusion
Divorce is no longer seen as stigma
This is the process to reclaim personal freedom for women and charting out a new course of life.
The value system among youths towards marriage and family life is fast changing.
No comments:
Post a Comment