Shifting Trends in Divorce in India: A Paradigm Shift

Prateek Bal,

SOA National Institute of Law, Bhubaneshwar

Abstract: -

In the past ten years, the term divorce has become more of a social taboo, associated with certain ifs and buts in the country. Shifting Trends in Divorce in India: A Paradigm ShiftThere was a terrific change in different types of social order. As our nation witnessed an excellent or drastic change in the new social order in the way of industrialisation and modernisation, it also started to weaken the various social taboos that were prevalent in the past times. As the days pass, more women are involved in the IT workforce or the industries. The joint family system began to collapse, and the emergence of nuclear families came into existence. Where westernisation has impacted individuals in such a way that a wedding is now more often a showcase rather than a holy institution, it also fits in the minds of the people that a rigid institution like marriage might hamper their autonomy to free aside. From the writer’s viewpoint, our nation saw a sudden boom in both the socio-cultural aspects as well as the technological shifts, with social networking websites, which have influenced the holy institution of marriage to a large extent.

This paper elaborates on how the different social factors mentioned above have led to the dissolution of marriages in our states where our nation saw a large growth in divorce rates.

Keywords: - Marriage, Social Norms, Gender Roles, Divorce, Dissolution 

Introduction

One of the major social institutions in an individual’s life period is the social institution named family; without family, the social state is somehow impossible to operate. Even this basic system, however, is changing.

The holy and sacred bonding between the two individuals was established through the help of family. Even though the family structure has changed as time passes, the essence of that bonding and the purpose of the family remain the same as they were. Despite both ethical and long-standing problems and multiple challenges, which were witnessed by both modern and new households. Due to the rise in industrialisation and the invasion of capital formations and large MNCs, the present lifestyle has become more rigid and forms isolation. Most importantly, now that gender roles have been altered, there are a large number of questions raised on the traditional norms. Even the conceptual definition of the family has been lightened, Divorce, once seen as a social anthem, is now more an accepted form and has a common subject for the dissolutions of marriage. These have significantly altered the mindset of the individuals and how they look into their relationship status as the younger generation is parting away from their parents, where the concept of loyalty, chastity, and devotion has been reduced significantly. The divorce rates have increased from the years 1970-80s.[1] 

Probability of Divorce and the Implication of Various Aspects

Out of bloom, our nation still in this period has the very lowest rates of divorce, despite being renowned for its doctrinal ideas and traditional norms from other world nations. According to the reports, only 1 divorce case arises out of 100 in our state, compared to the USA, which is more than 50%. Our dissolutions in marriage rate are less than 10% even in the last decades, where we have a stagnate division where the rural areas see a lower divorce rate than the metropolitan cities or the urban areas. Despite all sources from registration to protection to dissolution, the current path has worried the Indian Society with an increase in the rate of divorce, where alternate options were still available to both spouses by the statutes and law in a codified manner.

Divorce has a very dignitary or profound effect on the life of the people where the family has to be indulged with the society as a whole. It can lead to a very stagnant way where the sufferers are the minor children and the old-age parents; mostly we could call them the dependents, who get more affected by physical, financial, emotional, and mental instability, and so on. As the children might face some number of academic difficulties and mental health issues, which is the most needed time for good co-parenting, it not only impacts the family members and the other family members but the relationships with them can be weakened. [2] 

Understanding Cultural and Societal Perspectives on Divorce

Family, communal principles, beliefs about religion, perspective on the gender act, financial position, and statutory frameworks. Evolving societal conventions are just a few variables that shape the many traditional and sociological connotations associated with divorce. We can understand that still now, divorce is stigmatised and observed as shameful in many collective societies, as, in their viewpoint, maintaining family unity is valued and needs to be preserved. On the other side of the book, the distinctive societies place a greater hand on personal freedom and fulfillment, which makes a bad union ending a better choice. Now religion and its beliefs have some important significance. Some religions have such ideologies where there is no term for the word divorce. They believe in lifelong bonding between spouses, while different civilisations, under certain circumstances, have some provision that claims and accepts the path of separation. Due to the tendency of primitive civilisations to divide duties into separate roles and duties, typically a woman may be too responsible for the dissolution of marriage, as due to economic hardship and lack of backing, entwisted divorce rates are greater among lower socioeconomic categories. Statutory provisions imposed by our strict legal frameworks have also affected the divorce rates; every coin has two sides, where the maintenance and period have made the procedure difficult, but on the other side, no-fault divorce laws have made it easier. In a simpler sense, it is crucial to comprehend these many elements to fully and systematically handle the complications of divorce in various primitive situations. [3] 

The Statutory Divorce Procedures in Our Country

Marriage between castes or religions is governed by various laws: Sikhs, Jains, and other Hindus.

1. The Hindu Marriage Act, 1955: Section 13 of the statute specifically discusses divorce on seven specific grounds. Sections (13-a) and (13-b) also discuss divorce by mutual consent and judicial separation, and section (13-2) provides additional grounds for the wife.

2. Special Marriage Act, 1954: This act was specifically designed and amended to support inter-caste and inter-religious marriages while maintaining the individual’s dignity in the record. Section 27 of this statute speaks about divorce with sections (27-A) and Section 28.

3. Muslim Personal Law: - also mainly governed by the Shariat Application Act, of 1937. It speaks about marriage, divorce, inheritance, and family relations. There are three types of divorce, which are given by the husband (talaq), given by the wife (khula), and divorced by mutual consent (mubarat).

4. The Parsi Marriage and Divorce Act of 1936: Came into effect on June 22, 1936. It seeks to protect the rights of the values while upholding Zoroastrian values. Which looks over the marriage and divorce procedure against Parsis, additionally section 32 of this act specifically addresses the provisions of divorce.

5. Christian Personal Law: Our nation is governed under the Indian Divorce Act of 1896; it outlines the legal framework of divorce among Christians and section 10 of this act covers the grounds for divorce, section 10-A covers divorce by mutual consent, and section 22 speaks about judicial separation [4]. 

LANDMARK CASES

●       Sureshta Devi v. Om Prakash [5] The judgment gave a clear definition of what ‘living independently’ means. According to the three-judge appellate panel, the norm of ‘living independently’ currently equates to residing as a wedding pair. “To live separately” has to convey the married spouse’s affluent lifestyle. Nevertheless, since an estranged pair ought to be seen as dwelling apart, even if a male and his partner live jointly, they cannot carry out their spousal duties.

●       Shikha Bhatia v. Gaurav Bhatia & Ors [6] The judgment passed by the court in this present matter stated that the spouse or the other party cannot back off the commitment that backs up the particular contract between the spouses once he has consented to follow through on the corporation referred to in the original petition for the breakdown of marriage under the provision of The Hindu Marriage Act, 1955 under Section 13B (1). Whatever violation actions might ensue from this sort of behaviour, it would be an offence of agreement if the other person chooses to decline it. 

SUGGESTED OPINIONS

The percentage of spouses who opted for their dissolution of marriage in our nation has seen significant growth in the past, posing renumbered challenges for the people, households, and the community at large, considering this nation's notoriously rigid social taboos around marriage. A rigorous examination of the fundamental causes of the increase in the percentage of divorces is necessary in light of these trends. In these lawmakers, scholars, and administrators, to effectively address the challenges by the percentage of divorce cases, an integrated approach is required.

Understanding societal and traditional variables that impact the longevity of the marriage is a part of this tactic. The writers’ answers include creating assistance programs for family members and individuals experiencing marital challenges, revising laws regarding divorce to bring into account modern circumstances, promoting equal rights for men and women, promoting before-getting-married counseling, and incorporating spiritual and community figures in the dissolution of marriage and divorce procedures. By addressing these problems head-to-head, parties to a marriage may work together to alleviate the impacts of growing divorce rates and improve the quality of life of individuals, households, members of the family, and the community. 

CONCLUSION

A multifaceted evolution of interpersonal relationships is shown by the growing percentage of divorces in the Indian subcontinent, which mirrors alteration in the financial, community, and intellectual realms. The development of traditional institutions, urbanisation, schooling, and financial perspectives all influenced the way people regard marriages, fostering the principle of tolerance and individual fulfillment. Social conventions are subverted, and the females are empowered, whether to get married or file for divorce, thanks to having exposure to monetary opportunities and learning. Monetary conflicts and job uncertainty cause interpersonal strain, and marriage pleasure is significantly influenced by financial well-being. Foremost, social networking and media portray divorce, which is influenced by American cultural norms, helping to make it more acceptable. In conclusion, increasing divorce rates highlight the necessity for full assistance networks, which include counseling and training to handle various issues and mitigate the determined impacts on households and neighbourhoods, even though this can be a good thing to promote autonomy.

References

[1] P. V. &. L. D’Mello, “Changing Trends of Divorce in India: Issues & Concerns,” International Journal of Management, Technology, and Social, pp. 151-157, 2018.

[2] SUDESHNA BHATTACHARJEE, “RISING DIVORCE RATES IN INDIA: A PARADIGM SHIFT,” The Amikus Qriae, [online]. Available: https://theamikusqriae.com/rising-divorce-rates-in-india-a-paradigm-shift/. [Accessed 18 01 2025].

[3] S. BHATTACHARJEE, “RISING DIVORCE RATES IN INDIA: A PARADIGM SHIFT,” The Amikus Qriae, [online]. Available: https://theamikusqriae.com/rising-divorce-rates-in-india-a-paradigm-shift/. [Accessed 12 January 2025].

[4] K. Keshar Wani, “THE NEW TREND OF ‘DIVORCE” IN INDIA,” Indian Journal of Law and Legal Research, vol. Volume V, no. Issue III, pp. 6-7.

[5] Smt. Sureshta Devi vs. Om Prakash, 1991 SCR (1) 274.

[6] Shikha Bhatia v. Gaurav Bhatia & Ors, 13 May, 2010.