Essay on Divorce in India for Students in 1200 Words

In this article, we have explained an Essay on Divorce in India for Students and Children in 1200 Words This essay provides some necessary information regarding divorce in early India, divorce in recent years and the rising rate of divorce cases in India!

Introduction (Essay on Divorce in India -1200 Words)

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.

A couple who complete the process of divorce, will regain their premarital status, and as per the law, they will be free to marry again. Divorce dissolves all the marital relations, obligations and rights.

In society, when the married persons feel that they can’t mutually love together, they can dissolve the marriage by divorce. As far as the Hindus are concerned, we believe the Hindu wedding to be a sacred bond of indissoluble nature. They think it to be a permanent bond between husband and wife, but this belief was not accepted widely.

Divorce in Early India

As per the rules laid down by Narada and Parashara, a marriage can be dissolved if the husband is impotent or kliba. Narada is a right that had been bestowed to a woman by which, if she finds that her husband lacks masculinity or manliness, she can choose another husband, but after waiting for six months. There are five cases mentioned in the Smritis, according to which a woman can find a husband.

These conditions are:

  1. If a woman’s first husband is missing.
  2. If the male partner becomes an ascetic.
  3. If the male partner is impotent.
  4. If it degrades the male partner from caste.
  5. If the male partner dies.
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Divorce in Recent Years

Divorce is neither easily allowed in the societies nor practised by people in common. The Hindu Marriage Act has made some legal provision for divorce and legal separations. In current times, several acts have been passed, which allows a couple to take divorce or judicial separation.

The Bombay Hindu Divorce Act of 1947 has granted legal separation or divorce based on impotence, leprosy (which should be within seven years), lunacy (which should be over seven years), bigamy and desertion for four years or more.

How to Get Divorced?

Divorce is a common phenomenon in western countries. However, divorce depends upon the couple’s present situation. Short term marriages with less or no child and with no property involvement brings much time for divorce. This is unlike to long-term couple where there are few children and responsibility of property entanglement.

The divorcing couple also needs to negotiate with each other about child custody, child maintenance, property division, spousal support, debt allocation and marital debts. In this way, the divorce can be completed in a less expensive and less stressful way.

Here we have mentioned the complete process of divorce, step by step.

Process to Get Divorced:

  1. Decide consciously whether you want a divorce.
  2. Determine how you want to get the divorce.
  3. Choose a representative.
  4. Brace all your bank accounts.
  5. File legal Divorce papers.

As per the Hindu Marriage Act, 1955, a couple can file a mutual divorce if they no longer want to stay attached or cannot live together and are decided to mend their ways legally. There is also an option of ‘Contested divorce’ where you can file a divorce by yourself even if your spouse is not ready to give you a divorce.

Some Allied Causes and Effects of Divorce

Here we have mentioned some allied concepts which are the basics of divorce.

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1. Separation

The first and primary reason that leads to the dissolution of a marital relationship is separation. It is an essential step to lessen the marital conflicts between husband and wife. Moreover, judicial separation is an easy way to adapt to separate living without divorcing. However, in this state of marital inconvenience, the spouse usually gets deprived of a happy life, which affects their health and relationship.

2. Desertion

Desertion is the departure of either husband or wife from home, leaving behind the family to fend for it. In abandonment, one of the marital partners wants to desert the family with no proper reason and with no consent of the other partner.

As per the legal grounds, desertion will be interpreted as the physical and intentional separation of the partners.

Desertion comprises four essential components:

  1. The partner who is willing to desert the other partner must put an end to all the marital relations.
  2. The deserting person must be willing to do so.
  3. The deserted spouse must not give consent of the partner.
  4. The deserting spouse must not give any provocation to leave.

These are the four essential conditions, which are necessary to consider a case as desertion.

3. Annulment

Annulment is a legal process which declares that there was no marital relationship which ever existed between the partners. Annulment is a decision the court takes which, to show that the spouse has some flaws and are unwilling to stay together.

There are many reasons for annulment. These reasons are: marriage by coercion, by fraud or marriage with an underage partner. Further, it also includes the practice of bigamy.

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.

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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.

The marital bond among the Indian couples is profoundly affected by the norms, values and beliefs of individual partners. The change in value is a significant cause of marital breakdowns. The social stigma attached to a person is also a primary reason for divorce.

In some families, the wife’s are also interested in earning and taking part in the financial activity of their house. This contradicts some traditional beliefs of people who want only the male partner to make; this also causes some sufficient conflicts which gives rise to divorce.

The causes of divorce are not in harmony throughout the population. Distinct people of a society have various reasons for their divorce. Different classes of people in the community are affected by different causes of divorce. The social and occupational status that arises in a society always leads to divorce of the couple.

Reasons of increasing divorce in India

  • The women want to become financially independent.
  • The parents of female partner interfere in marital relations after marriage.
  • When marriage occurs against the will of either of the partners
  • The traditional mother-in-law and daughter-in-law conflicts
  • Misuse of legal acts like IPC 498 A.
  • Adultery committed by either of the partners

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.