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Reasons for Divorce in India


Posted On : January 6, 2022
Reasons for Divorce in India

Marriage is a sacred relationship between the couples in India and that’s the reason that we have an elaborate process of getting married on the line so of the religious rules and tenets to be followed during the marriage ceremony. The relationship has been considered so special and important that historically it was taken as god’s wish to have married someone and to keep the marriage intact all through the life. As the world changes so does the philosophy towards everything and hence along with other aspects of life marriage too got a different understanding from what it was supposed to be. Now the marriage is looked upon as a social institution to carry forward the legacy of child rearing more than anything else. And the essence of sacredness has gone down.

On an average 3000 to 5000 matrimonial cases are being filed very year in each of the District/Family court especially in the cities and metros. With this one can assess that how the concept of marriage has gone down the devolution. Critically. Looking at the scenario we can arrive at certain reasons for the rising number of divorce cases in India.


1. Forced Marriage

Unlike the early days when two persons were forced in to marriage and they accommodated and carried on today the forced marriage does not stand a good chance to survive for long. Earlier the parents took all the decisions and the children simply honoured those decisions and lived by whatever was done for them. This sense of honouring the verdicts of elders have eroded due to s simple reason that today’s generation has started thinking differently in terms of one life, freedom and liberation. Today it is more about one self than being selfless and hence if a forced marriage is not fitting well into the psyche of the person(s) he or she decides to dissolve it. This a one of the strong reasons for divorce in India.

 

2. Difference in lifestyle and attitude

With the modernisation of the society, we have undergone a sea change in the way an individual reflects his attitude towards others. Since in a marriage two individuals from two different backgrounds are coming hence, they may not be in a position to accommodate everything at all cost. If there is a major difference in the way they look towards life and stuff then they do not want to compromise and thus they sometimes amicably and sometimes without the consent take decision to end the marriage. This has come out as one of the greatest reasons for divorce especially for mutual consent divorce.

 

3. Financial Freedom

Finance and financial independence can be another reason for divorce. Since in today’s world mostly both the partners are working and earning livelihood for themselves hence there is no financial dependency like the yester years. Both the partners can take care of their lives even when separated hence if there is s breaking point in the marriage then they can easily take a decision to move on without having any liability on each other.

 

4. Love lost- no intimacy

Very often than not the intimacy which can be considered the spice in the life of the married couple gets lost due to overworking, less time for each other, kids, small house with many people etc. And this becomes a ground for losing interest in each other which subsequently leads to creating a chasm between the couple. Less intimacy and infrequent sessions of lovemaking makes both the partners lose interest in each other. On the contrary of the above many a times having same monotonous way of getting intimate also leads to disinterest among the couples. This reason for divorce is more psychological than logical.

 

5. Divorce no more a taboo

One of the biggest reasons for lesser divorce in India used to be the taboo associated with it. Earlier divorce was considered to be taboo in the society and thus mostly people did not like to file divorce cases to stay away from the societal ignominy. Today it is no more considered a taboo among new generation and thus they do not hesitate to move the court for divorce if the marriage is not working for them. Just as divorce is not considered a taboo likewise now a days marriage with divorcee(s) is also taken to be ok unlike the olden days.

 

6. Fraudulent marriages

In olden days a marriage used to be a long-drawn process where the relatives from both sides used to be involved and this process of visiting the houses of bride and groom multiple times ruled out the any possibilities of misinformation. Today the marriage has become a quick affair. Many cases that I have handled where the couple met on social media or matrimonial sites and decided to get married only to find out later on that what was told on the internet was not 100% correct. Once they discover the fraud then these couples do not decide to carry on with the marriage and wish to file a divorce case. Fraud is one of the reasons for divorce as the couples can’t tolerate the emotion of being cheated in marriage.

 

7. Ease of dissolving the marriage

Previously due to lack of knowledge and divorce being taboo many clients never took steps to move the court for divorce. Today the information is easily available on multiple places and these information makes the decision making easier for someone who wish to dissolve the marriage. A client friendly lawyer also helps them in understating the pros and cons of divorce which makes it easier for the couple. For MCD even the cooling off period of 6 months have been done away with which shortens the divorce process.

 

8. Abuse and Cruelty

A relationship which is marred with abuse and cruelty is better to be dissolved. The cruelty can be both physical and mental and the perpetrator could be both man and woman. In a marital relationship which is supposed to having bonding of love and respect, becomes meaningless on the ground of abuse and torture by one to another. This is not only a reason for divorce but also a legal ground for divorce.

 

9. Corona and work from home

Although as amusing as it seems but the work from home concept during the COVID-19 pandemic has added to the rising numbers of divorce in India. The continuous staying of the couples at home for such a long period has lessen the tenacity to bear each other. Midlife crisis which couples used to overlook as the couples used to meet after a gap of 9-12 hours each day became a bigger problem with them staying 24 hours together for a long period. Quite interestingly the pandemic has played a role in rising the number of divorce cases. This may be weird reason for divorce but it has been observed recently.

 

The above examples are some of the reasons which forces a person in the marriage to look for options to dissolve the so-called problematic marriage. They are the reasons which drive a person towards a lawyer’s chamber to seek relief under the law but they are not to be considered as grounds for allowing the marriage to be dissolved. Our legal system has elaborately laid down the on which a person can reach out to the court to file a case for divorce. Unless any one or more of those grounds are fulfilled a court shall not entertain the application/petition for dissolution of marriage. When someone files a divorce petition then he or she has to cogently cite at least one of the grounds as mentioned in the law. Those grounds to file a case for divorce are;

1.     Adultery.

2.     Desertion.

3.     Insanity.

4.     Conversion.

5.     Renunciation.

6.     Cruelty.

7.     Venereal disease.

8.     Presumption of death.

9.     Sodomy,

10.  Bestiality,

11.  Bigamy,

12.   Conviction for an offense of moral turpitude such as Rape

 

 

FAQs

1.     Can someone file a divorce case for the reason that the spouse does not love?

Ans: No this cannot be taken as reason or ground for divorce since it is no one of the grounds for divorce as prescribed in the law. If the situation is added with cruelty, then one can use it.

2.     Is bigamy a reason for divorce?

Ans: Yes, bigamy is a reason for divorce in those communities and religion where it is not allowed to marry again when the first wife is still alive and the marriage with her subsists.

3.     Can maintenance be asked for even after the divorce has concluded?

Ans: Yes, the divorced wife can ask for maintenance even after the divorce has concluded.

4.     Can one file a divorce case on the ground that “marriage has broken down irretrievably”?

Ans: No this is not a reason for divorce in India unlike the western countries and one cannot file a case under this ground.

5.     When a wife has left the house and not living with husband then can husband file a case for divorce?

Ans: yes, the husband can file a case for divorce when the wife has left the matrimonial house and not coming back. The reason for divorce in this case will be “desertion”.

6.     If wife files a false 498A case then can I file a case of divorce on the ground of cruelty?

Ans: yes, filing a false case to harass the husband and his family can be considered as cruelty under the law for filing a divorce case.

7.     Can a relative of a spouse file a case for divorce?

Ans: No. a relative of a spouse cannot file a case for divorce as the spouse or person who is filing the case is required to sign the affidavit.

Written By :
Abhimanyu  Shandilya

Recommended Free Legal Advices
question markNot knowing how to get out of a toxic relationship
Dear Client Sorry to know about your situation and pains that you are going through. If your marital relationship has turned so sour and your husband is neither cooperating with you nor he is living with you then it makes sense to dissolve the marriage and move on with your future. You can get the divorce on the grounds of cruelty and desertion by your husband. In all likelihood the custody of the child will remain with you.
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Dear Client Yes, a person can get divorce from the court of law due to the domestic violence if it is proved in the court. Domestic violence will be considered as cruelty by the hands of the spouse under Section 13(1)(ia) of the Hindu Marriage Act 1955. You can get in touch with a good divorce lawyer to sort all your queries.
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Dear Client This is a technically tricky question. When something is given as gift to the bride during the marriage then it becomes her Streedhan for ever and no body except the bride can claim over that. This is in case of a valid marriage. Now since the marriage is void and is nullified then will the gifts be considered as streedhan or not? This question can be answered by the hon'ble courts only. You should have tried to pray for returning of the gifts and jewelry in the current case itself.
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After minimum one year continuous period of separation, both of you through joint petition before the Family Court/ District Judge/ Additional District Judge under whose jurisdiction you or your husband reside or marriage registration took place,can file Matrimonial Suit for mutual consent divorce and usually thereafter six months time is given to fix the date for evidence and if both the spouse adduce evidence in support of divorce,then judgment is given signifying dissolution of marriage and after drawing up of Decree, divorce will be completed.

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