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family_law:marriage-and-divorce-in-india

Marriage and Divorce in India

Marriage is treated in India as a sacred commitment on union between a man and a woman getting social sanction as husband and wife. The husband and wife require to maintain faith and love in their lives with each other. Any imbalance in such faith and love leads to judicial separation or divorce. Divorce directly affects the family members especially their children.

When a marriage doesn’t work out, both the husband and the wife are equally responsible for it. But the wife is blamed for that as she did not try enough to make it work or she gave up on her marriage too quickly. The court trial is itself a real hardship. The parties to a divorce or judicial separation also face different unending social trials in different corners of society.

After the dissolution of marriage, the spouses find themselves asking several questions regarding the consequences: how their life will be. what situations their children may face? The children may ask; Is he or she the reason that his parents are getting separated? Will he or she be able to see parents together in the future? Who is the one that he will be staying with?

Divorce can create an emotional turnover for the whole family. Apart from the child, in India, it is not easy for the parties to a divorce to have a settled life after the divorce. In the process of finding a new and improved life, a person starts facing new problems from different angles of the society, starting from his family itself. The problems are different for both parties. If divorced at an early age, the pressure of remarriage is often given by the family. Especially being a divorced woman in India is a real tough job. Criticisms she has to face directly or indirectly may have psychological effects.

Still the husband and wife decide to get separated or divorced to have a better life. They have thinking that their life will be better in the near future. The reasons are:

  1. Indian society has become more money oriented due to capitalist form of social structure. Everyone is running behind money. Due to this chase behind money, the husband and wife are unable to give time to each other. Time comes that they realize that they have no bond with each other as they should have. Thus they decide to get separated or divorced to have a better life .
  2. Indians have naturally developed the talent of less tolerance for everything. Due to this husband and wives tend to fight very often with each other. Leading to further less tolerance for each other, they find it hard to live together under the same roof.
  3. Education has always been an important part of life for self-development. In the absence of proper education egoistic nature develops. This is a cause for husband and wife not to live together under the same roof.
  4. More people migrate towards big cities in search of opportunities and to settle. It is leading to less compatibility with the in-laws. Unhealthy relationship with the in-laws created for minor disputes further tends to increase the gap between the spouses.
  5. In modern times women are moving forward for their right to live on their own terms. But sometimes they refuse to do something which they were supposed to do, as they feel that those jobs are too gender oppressive. They start a short revolt inside their own house.
  6. Changes in norms and values attached to marriage have played a major role in the breakdown of marriages. The ancient patriarchal system has its influence in the emergence of modern world preferring to Divorce which can make someone’s life better.
  7. Men think that they are still the sole person who will bring the food for the family. They counter such behavior of women with oppressive comments leading to the breakdown of the marriage.
  8. Husband and Wife should be compatible in all aspects, emotional, intellectual, sexual, etc. In the absence of such atmosphere, divorce or judicial separation are best options for the couple now.
  9. A large number of cases of divorce are on the ground that the couples are sexually unsatisfied. The Supreme Court has made sexual dissatisfaction a valid ground for divorce.

About the Author

© C.R Nanda Academy is an initiative by Adv. Chittaranjan Nanda to spread legal awareness among Indian Citizens.


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