Marriage is a sacred relationship between couples in India and that’s the reason that we have an elaborate process of getting married on the line 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 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 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 average 3000 to 5000 matrimonial cases are being filed every year in each of the District/Family court, especially in the cities and metros. With this one can assess 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.
Forced Marriage
Unlike the early days when two persons were forced into marriage and accommodated and carried on today forced marriage does not stand a good chance to survive for long. Earlier the parents made 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 has eroded due to the simple reason that today’s generation has started thinking differently in terms of one life, freedom and liberation. Today it is more about oneself than being selfless and hence if a forced marriage does not fit well into the psyche of the person(s) he or she decides to dissolve it. This is one of the strong reasons for divorce in India.
Difference in lifestyle and attitude
With the modernisation of 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, they may not be in a position to accommodate everything at all costs. 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 consent decide to end the marriage. This has come out as one of the greatest reasons for divorce especially for mutual consent divorce.
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 there is no financial dependency like the yester years. Both partners can take care of their lives even when separated hence if there is a breaking point in the marriage then they can easily decide to move on without having any liability on each other.
Love lost- no intimacy
More often than not 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, a 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 make both partners lose interest in each other. On the contrary of the above many times having the same monotonous way of getting intimate also leads to disinterest among the couples. This reason for divorce is more psychological than logical.
Divorce is 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 society and thus most people did not like to file divorce cases to stay away from societal ignominy. Today it is no longer considered a taboo among the 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 nowadays marriage with a divorcee(s) is also taken to be ok, unlike in the olden days.
Fraudulent marriages
In the olden days, 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 the bride and groom multiple times ruled out any possibilities of misinformation. Today the marriage has become a quick affair. In many cases that I have handled 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 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.
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 in multiple places and this information makes the decision-making easier for someone who wishes to dissolve the marriage. A client-friendly lawyer also helps them by understating the pros and cons of divorce which makes it easier for the couple. For MCD even the cooling off period of 6 months has been done away with which shortens the divorce process.
Abuse and Cruelty
A relationship that 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. A marital relationship which is supposed to have a bonding of love and respect, becomes meaningless on the grounds of abuse and torture by one another. This is not only a reason for divorce but also a legal ground for divorce.
The above examples are some of the reasons which force 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 divorce case. 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. The grounds to file a case for divorce are;
- Adultery.
- Desertion.
- Insanity.
- Conversion.
- Renunciation.
- Cruelty.
- Venereal disease.
- Presumption of death.
- Sodomy,
- Bestiality,
- Bigamy,
- Conviction for an offense of moral turpitude such as Rape
FAQs
- Can someone file a divorce case for the reason that the spouse does not love?
Ans: No this cannot be taken as a reason or ground for divorce since it is not one of the grounds for divorce as prescribed in the law. If the situation is added with cruelty, then one can use it.
- Is bigamy a reason for divorce?
Ans: Yes, bigamy is a reason for divorce in those communities and religions where it is not allowed to marry again when the first wife is still alive and the marriage with her subsists.
- 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.
- 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.
- When a wife has left the house and not living with her husband can the husband file a divorce case?
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”.
- If the 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 cruelty under the law for filing a divorce case.
- Can a relative of a spouse file a divorce case?
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.
- What was the most common reason for divorce?
Ans: Infidelity. One of the most common grounds for divorce is infidelity and extramarital encounters. It might be difficult to rebuild trust once it has been shattered.
- What reasons should I give for divorce?
Ans: Cruelty is one of the most common reasons for a divorce. Desertion (for 2 years) is also a reason for divorce.
- Why do long-married couples split?
Ans: Infidelity, conflict, infertility, and a lack of commitment are some of the leading causes of divorce worldwide. However, there is frequently more than one reason for divorce.
- What is a GREY divorce?
Ans: Grey divorce refers to the increasing divorce rate among older ("grey-haired") couples in long-term marriages, usually after the age of 50.
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