Divorce and Separation Laws
Marriages in INDIA are not between two individuals but between two families and therefore it was not considered a moral and ethical approach to go for divorce or judicial separation. The baby girls in their tender ages were taught by their parents that their real house was that where they will go after marriage and thus they should consider that house as their own house and not the house of their biological mother and father.
They were given this education from the school days and at that tender age they were forced to know and learn all the household work and even at the age of 10 or 12 years they used to get married and by the age of 18 they were probably mothers of 2 kids.
Time had changed and with the passage of time and education of girls of our society and by the passing of stringent Law against child marriage somewhere the same has been eliminated. The idea that the husband was always right and whatever they did was correct had also to be done away with the passage of time. The concept of “PATI PARMESHWAR” was dealt away and the women of the house and society stated things including to be treated in EQUAL PROPORTION to men.
The advent of women in the society was seen as a revolution in INDIA and then many changes took place in the Indian Laws relating to divorce. The women were empowered to take the decision of whether they wanted to stay with their husband or wanted to be independent. The grounds for divorce and judicial separation gained new meanings and were liberalised to equate men and women.
The new grounds of divorce empowering men and women not compatible with each other to be independent had been devised and given regulatory recognition. The permanent ban on TRIPLE TALAQ is an historic judgment of the Hon’ble Apex Court which broke the old arm of divorce. Married men were also empowered to file a case for divorce if the wife forced her husband to leave his parents.
Marriages which have lost their dignity and respect, divorce gives lawful right of dissolution of marriage which had been solemnized and empowers them with independence and gives them freedom from the clutches of the deserted relation unsound mind etc. The loss of dignity and self-respect can happen because of many reasons like adultery, bigamy, bigamy with adultery, unsound mind etc.
Vidhikarya – Legal Assistance
If at any time after marriage the dignity of the relationship enters in to a questionable phase due to any of the acts and deeds of your spouse, when the dignity and self-respect of the individual in a marriage relationship is losing its essence, the marriage has not been solemnized with the willingness of both the persons in relation to the marriage, the ambience of the relationship is under the clouds and had started to lose or lost its vicinity or any other material or immaterial happening which may render the constitution of marriage as VOID.
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