Divorce
The institution of marriage was given social approval as an institutional way to maintain the system of society and fulfill sexual needs. Some keep their life formally organized despite family tensions and some keep their life organized upwardly due to religious beliefs, family prestige and family pressures, but there is a situation of family tension inside. Although many people consider divorce to be the sole cause of family dissolution. But divorce is only a sign of family dissolution, the reason being that divorce is the legal separation of the marriage and the result is the final dissolution of the family.
Earlier, in traditional Hindu society, marriage was considered a religious act, nowadays it is becoming secular. There is an increasing tendency to consider marriage as unanimous. Until the mid-1950s, Hindu legislation did not allow divorce. Although in some castes, marriages were permitted by paying some money according to local customs. Four decades ago, the law makers of our country shifted Hindu society from illiterate and rigid position to modern ideology and now have changed from “sacred religious rites” to “marriage by mutation”. Not all marriages are successful, some end with disharmony and bitterness, some people with unsuccessful marriages continue to take their lives as destiny and spend their entire lives in a state of confusion. Abandonment, whether permanent or temporary, is illegal and unofficial; the husband or wife has a deed of responsibility as the family wanders away, while the separation is legally the breaking of marital bonds and the ultimate consummation of a true marriage. As long as the state runs the institution of marriage, it is necessary to follow the government rules for any liberation from the shackles of marriage.
Divorce is a kind of tragic event in which one of the spouses begs someone to leave. In modern Western societies, marriages have become so temporary that divorce is the primary cause of family dissolution, but it is also said that after family dissolution, the problem of divorce arises when one or both parties break their ties. Want to Divorce is not the problem of harmonious and happy families. Thus divorce provides legal basis for broken marriages. Along with this, there are many such marriages which are painful for the husband and wife but the problem of divorce does not arise in them. Most husbands abandon their wives. Marriage is always a sad situation because the rejected partner feels humiliated, despised and victimized, but the social consequences of abandonment are more painful and impractical, especially for a woman. Women have to face socioeconomic and emotional trauma. On emotional grounds, she always feels that she has been disdainfully rejected by her husband and thrown away as a worthless thing. Socially, she has to suffer in such a way that she does not know for sure whether her husband will return and what to tell the children about her father’s absence. The woman who is financially shocked is the lack of financial resources, which causes difficulty in the maintenance of her and her children. Abandoned women are neither able to place themselves in the category of married or in the category of widow.
In order to earn a living, he either has to do court work himself or has to employ his children. Some women have to be more busy when they get work. Due to which their children are not properly looked after or they find their income inadequate for the family. All these situations give rise to situations like child labor, juvenile delinquency, disintegrated personality etc. However, no official sociological study has been conducted to analyze this problem of abandonment so far, nor has any such social security scheme been implemented in our country under which cases of abandoned women can be brought to light. But our attention to marriage has been attracted for some decades. Divorce should not be considered a personal event.
Although there are individual sides to the divorce problem, divorce is largely a social problem because the survival of a state or nation depends on the success of a successful family life. In this way, stable family life is the first requirement of the society by the smooth conduct of marital responsibilities by adult members of the society. Although the nature of marriage varies according to the social environment and circumstances, but marriage is an essential institution of every society. Marriage provides happiness and happiness to the husband and wife, but when the marriage becomes painful instead of giving happiness, it gives rise to many personal family and social problems, to remove these problems when the bonds of marriage If the two partners do not consider marital life as important and necessary, then they break the marital bonds and get legal recognition for it which is called divorce. According to scholars “Divorce is always painful because it usually ends mutual trust, destroys truth.” Becomes and delusions are retired. “Historical Background of Divorce – The trend of divorce as a social phenomenon has been going on since the institution of marriage governed by social rules in society. Kautilya has also ordered the separation of four irreligious marriages – AsarGandharva, Paishach and Rakshasa. First of all we have the law of recognized legal divorce in the law of Mammabi
Get to see According to this legislation, the husband could divorce the wife at any time without mentioning any reason. Divorce was a masculine right among the Jews. Presently, the pace of divorce is increasing in Indian society.
Here due to many processes of social change, industrialization, urbanization, modernization and other activities, life is moving from cohesion to conditions of incompatibility. The state of this disharmony has had an impact on all sides of life. Marital life has also been affected by coming in the stream of change. Marriage is no longer just a religious bond but a legal contract or agreement, which can be broken on legal grounds. Therefore, it is clear that now both husband and wife have the right to divorce by law.
Types of Divorce – According to scholars there are two types of statutory divorce.
Complete divorce – In a complete divorce, the entire obligations and rights of marriage cease. And both sides live as individual people in the society. The relationship of the two ends.
Partial divorce – A minor divorce or statutory separation does not end the marriage but only recognizes the legal separation of the spouse. In this, they neither sleep together or eat. This situation lasts until the husband and wife decide to live in a house again. In this, some arrangements are made for the maintenance of the wife. But in such a situation, the tendency of both husband and wife to meet and live with each other arises. Sometimes, despite the religious prohibition on remarriage, the spouse gets bored of divorce and starts living together again. Some people say that this type of divorce encourages illegal practices. This reduces the chances of both people getting reunited after divorce. Women sometimes apply for divorce to prevent their husbands from having extra marriages or for other religious or personal reasons. But there are no concrete grounds for a complete divorce and a partial divorce. Various scholars have given their own reasons for the reason for the break up of the marriage. According to one, the main reasons for divorce are:
- Lack of family harm – husband-wife quarrels. Abuse by husband and fights with in-laws.
- Wife’s sterility – The husband or wife’s immoral behavior due to illness or nature, the husband is unable to discharge his family responsibilities, and the husband is punished. The second term of imperfection – abandonment and cruelty, but – subjectivity, impotence, and miscellaneous reasons that are different from real causes.
According to the third – according to them there are two groups of reasons for the marriage break-up.
- Environmental reasons and
- Person related reasons
Environmental reasons are related to the environment inside the family and outside the family. Illegal relations, inadequate home-life, physical assault, poverty, employable life of wife and role conflict among environmental causes. Among personality reasons – irritable nature, incurable, impotence, sterility, large difference in age and dominance. All these studies indicate that marriages do not always occur due to lack of harmony in married life.
Of course, some wives want separation because of their husband’s mistreatment, cruelty and neglectful attitude, but in some cases women want divorce because they get fed up with their in-laws. Conversely, some men doubt their wife’s loyalty to them or there is a big difference between them intellectually and educationally. At some places, the wife is not able to adapt herself to her husband’s social life by being attached to the orthodox family with strict rules, because she is not allowed to have male association at the husband’s house, but on the contrary the woman is peaceful, dull And Badrang gets her husband. In a marriage arranged by parents, where mutual attraction is not the reason for marriage, there are many other reasons such as respect for parents, good friends – there are opportunities for high family relationships and giving and reconciliation after marriage. Desire is also very less.
Theoretical Perspectives on the Causes of Divorce Any interpretation of a divorce should focus on four reasons.
(1) Factors that affect marriage values (functional approach)
(2) The reasons which arise due to the changing economic system and its social and idealistic infrastructure, especially the conflict between the family (Marxist view).
(3) the circumstance of interaction and (interpersonal approach).
(4) The idea of value and profit (social exchange approach).
The functionalist approach in marriage explains divorce as a reflection of changes in ideals and values in general, especially family and marriage. People expect more from marriage, resulting in a marriage dissolution when their expectations are not fulfilled. The second functionalist also emphasizes the fact that marital relations are in some way burdened by not conforming with the expectations of the family’s economic system. Mental stress in a joint family is sometimes certain because the size of the family comes in the way of economic burden, the hopes of younger members and the stereotypical beliefs and restraining values and ideals created by the elderly. Finally, functionalists also talk about changes in marriage and divorce. Hindu philosophy had a great influence on people in the past, so the chances of marriage-separation were very less.
But today, due to secular beliefs, there has been a change in the values and attitude towards the separation of marriage. Secularism has reduced the influence of religious beliefs, which has also severely affected marriages.
The Marxist view emphasizes that marital aspirations can be fulfilled only when both spouses are earners, but in the hopes of wage-earning women and the idealized aspirations that remain attached to marital life , conflict arises due to contradiction it happens . Commitment to the role of housewife is also expected along with the role of working wives.
Despite doing the work of earning equally, women are expected to subsist under the male head of the household. Such idealized expectations are against the female and emotional expectations of the money earning role of the woman. These types of situations also create such an environment. If the wife and husband are of different social backgrounds, then it is difficult to reconcile them, which can lead to abandonment or enunciation or even divorce. All these reasons are helpful in marriage. Role adjustment after divorce – Different consequences of divorce come to us.
In Indian society there is a need to analyze the fact that how the spouses adjust themselves after the divorce is the end of the contract of marriage, but from the point of view of the husband and wife it is only a change in the circumstances of the husband and wife. This also leads to personal disintegration and such individuals start to feel guilty. In such a situation a situation of disharmony arises in front of him. After divorce, the roles and circumstances of both the husband and wife change, some people face the circumstances arising out of the divorce, but the life of other people gets disintegrated in these situations. The social structure of almost all countries including India is based on the concept of marriage. No other system is intended for society.
Changes in the circumstances of the relationship Due to ambiguity and change in the role and behavior, a problem of reconciliation arises in front of the person. Divorced persons also face the problem of restoring marital relations. A very small number of divorced men and women remarry. After divorce, most of the men and women live with the parents. The problem of sexual cohesion arises from divorce. Often a woman has more problems. Divorced persons often do not get proper respect in society. Such people face difficulties present by personality changes. A person is hurt by divorce. Many divorced women do not do any work. After this, men and women do not have any kind of attachment towards each other. Failure to fulfill habits leads to frustration and a feeling of dissatisfaction, the divorce involves the loss of financial resources and the handling of excessive timber in the running of economic life. After divorce, the children get more help, their life also falls between them. Such individuals face many difficulties in the environment of the group and society, but gradually these situations become natural to the individuals.
Trends of Divorce – The following trends of divorce are found in India:
The courts do not mention the actual reasons for divorce. Actual reasons differ from statutory reasons. Therefore, the tendency to give reasons for mutual estrangement and tension, rather than giving reasons for abandonment, cruelty, personal etc. is increasing.
The reasons for cruelty and abandonment are more often mentioned under statutory reasons as both these grounds are considered less invasive than other grounds. There are no efforts to liberalize the grounds for divorce. Although the rate of divorce has increased significantly since 1960, the tendency of the courts is to try to avoid the decision regarding divorce and act on trivial matters.
Divorce is not considered to be as serious an evil as that of husband and wife living together and leading a stressful life. Women who remarry in a significant number after remarriage are also eager to divorce due to marriage failure like men, although it is important that they do not want divorce to be free from the shackles of married life, but in the final form of being fed up with stress Initial situation for divorce: Children usually stay with the mother after divorce, but the father does not end social relations with the children.
Divorce rates vary depending on social class and occupational status. Those engaged in mid-occupation have more divorces than those engaged in high occupation. Similarly, rural people have lower divorce rate than urban ones.
Divorce in India
Divorce is not very common in India. Since the arrival of the British, people had to bring divorce. But at present, divorce in India is explained on the basis of the Hindu Marriage Act enacted in 1955. In this act special rules were made in relation to the ancient forms of marriage, dowry and marriage separation. This law has been implemented since May 18, 1955 in the entire country except Jammu and Kashmir. Prior to this Act, no statutory provision was made for divorce in India. The act emphasized on increasing the freedom of women. The act hurt religious beliefs of marriage. This act has great significance from the point of view of divorce. Process of Divorce – The following procedure of divorce is mentioned in the statutes after it is recognized by law:
- The application for divorce will be given in the court itself.
2 . Application for divorce can be given only after three years from the date of marriage.
- The court will grant divorce permission to the spouse after examining all matters related to divorce and marriage.
- Once a couple has obtained divorce or divorce permission from the court, then within a period of one year, the couple can pray to the court to remarry.
- After a divorce, the court may arrange that the applicant give necessary support or expenses for the life of the other party for life or until the other marries. .
- The court may also make other necessary orders in relation to the expenditure on the basis of which the defendant’s expenses or living facilities and other things are arranged. Basis of divorce in India – In India, both husband and wife can divorce each other for many or any reasons as defined by the constitution. Section 13, 14 of the Hindu Marriage Act 1955 describes several grounds for the separation of marriages. This act also affects marriages which took place before its implementation. Under the Act, an application is to be made to the court on the constitutional grounds of the interested person, on the basis of which the judge can grant the consent of divorce. The husband or wife can apply to the court for the decree of divorce on one or more of the following grounds.
(A) Any one of the spouses, if convicted of rape
(B) The spouse is suffering from severe leprosy-like disease for three years before the date of application, for which there is no possibility of treatment.
(C) The husband or wife is in such a distorted mental state before the date of application, that treatment is not possible.
(D) If the spouse has changed his religion at the time of marriage after marriage, the applicant will have the right to obtain a divorce.
(E) In the post marriage situations, on the following sexual grounds, the wife can apply for divorce from her husband. • Husband guilty of rape. • Husband is impotent. • Husband guilty of anal sex. • Husband is guilty of animal sex.
(F) If the spouse has contracted venereal disease, the marriage can apply for divorce on the basis of Hindu Marriage Act. It is necessary for any husband to apply in this way only if the other one has had infectious sexual disease since the festival of three years.
(G) According to the Hindu Marriage Act, if the husband has remarried, the wife can divorce him.
(H) If the husband or wife takes retirement, either party can divorce.
(I) If either of the spouses does not protect and respect the statutory rights obtained by marriage, the other party has the right to obtain a divorce.
(K) According to the Act, if the spouse does not know that the other person has lived or died for the last 7 years, the surviving spouse can get a divorce.
(Th) Divorce obtained according to Hindu Marriage Act
In order to do this, it is necessary that coitus is not started in two years before the application is given. The divorce rate has increased sharply since the divorce in India gained statutory grounds. Modernization in society
As a result of the continuation of the process and the influence of Western civilizations, marriages are now happening in India too and the importance of religious sentiment behind marriage is decreasing, but the pace of marriage is much slower in India than abroad.