Meeting Rooms

“DIVORCE” IN INDIA – NEW TREND

By: Sayongita Yadav, Advocate

India has been known for its strong emphasis on family values and the institution of marriage. However, changing social dynamics, evolving aspirations, and increased empowerment of women have contributed to a notable rise in divorce rates across the country. The growing urbanisation, exposure to global influences, and greater economic independence have played a crucial role in reshaping perceptions about marriage and personal relationships. Several factors have contributed to the changing mindset towards divorce in India. The influence of Western cultures, the impact of mass media, and the accessibility of information through technology have exposed individuals to alternative perspectives on relationships, leading to a revaluation of their marital situations. Moreover, changing gender roles and increased opportunities for women have empowered them to seek independence and challenge traditional gender norms, thereby increasing the likelihood of divorce. The implications of this trend are multifaceted. Divorce has the potential to provide individuals with an opportunity for personal growth, self-realisation, and escape from abusive or unsatisfying relationships. However, it also brings along emotional distress, financial challenges, and social stigma, particularly for women who often face societal pressure and judgment. The consequences of divorce on children and extended families are also significant, as it may disrupt the established social fabric and create additional challenges for all parties involved. It is crucial to examine the various dimensions of the rising divorce trend in India to understand its implications for individuals’ families better,
And society as a whole. By exploring the underlying causes, societal attitudes, and support mechanisms, policymakers, social scientists, and stakeholders can develop strategies to address the challenges associated with divorce.

WHY INDIAN SOCIETY GETTING CHANGED?

Indian society is experiencing changes regarding divorce due to several interconnected factors. These factors contribute to shifting attitudes and perceptions towards marriage and relationships, ultimately leading to an increase in divorce rates. Some critical reasons for the changing societal dynamics in India include:
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  1. Evolving Gender Roles: Over the years, there has been a significant shift in gender roles within
    Indian society. Women are increasingly pursuing education, career opportunities, and financial
    independence. This empowerment has led to higher expectations of equality and mutual respect
    within marriages. Women are now more willing to assert their rights and seek divorce in cases
    of dissatisfaction or mistreatment.
  2. Evolving Gender Roles: Over the years, there has been a significant shift in gender roles within
    Indian society. Women are increasingly pursuing education, career opportunities, and financial
    independence. This empowerment has led to higher expectations of equality and mutual respect
    within marriages. Women are now more willing to assert their rights and seek divorce in cases
    of dissatisfaction or mistreatment.
  3. Urbani and Globalization: Urbanization and SA have exposed individuals to a
    broader range of influences, including Western cultures and values. Urban areas tend to be more
    progressive and cosmopolitan, allowing for greater exposure to different lifestyles and alternative
    relationship models. The exposure to diverse cultures and ideas has influenced individuals’
    perceptions of marriage, often ti the importance of personal happiness and
    compatibility.
  4. Marital Expectations and Compatibility: As societal expectations on, individuals are placing a greater emphasis on finding compatibility and happiness in their marriages. The notion of lifelong sacrifice and endurance is being challenged, with individuals seeking fulfilment and emotional well-being within their relationships. Consequently, incompatible or unhappy marriages are more likely to end in divorce as people globalisation-emphasising change prioritise personal happiness and self-fulfilment.
  5. Changing Family Structures: Traditional joint-family systems, where multiple generations live
    together, are becoming less prevalent. Nuclear families are on the rise, leading to greater
    independence and autonomy for married couples. With reduced dependency on extended family
    structures, individuals have more freedom to make independent decisions about their marriages
    and are less bound by social pressure.

Here are some common reasons why people opt for divorce:

  • Communication issues: Poor communication or a breakdown in communication between spouses can lead to misunderstandings, conflicts, and resentment, making it difficult to maintain a healthy and functional relationships.
  • Infidelity: Extramarital affairs and cheating can severely damage trust and intimacy within a marriage, leading to feelings of betrayal and a breakdown of the relationship.
  • Incompatibility: Over time, couples may discover that they have fundamental differences or
    incompatible values, goals, or lifestyles that make it challenging to sustain a satisfying and fulfilling
    partnership.
  • Financial problems: Financial stress, such as excessive debt, unemployment, or disagreements
    about money management can place a significant strain on a marriage and contribute to marital
    dissatisfaction.
  • Emotional and physical abuse: Any form of abuse, whether emotional, physical, or sexual,
    creates an unhealthy and unsafe environment within a marriage. In such cases, divorce may be
    seen as a necessary step to protect one’s well-being and safety.
  • Substance abuse and addiction: Persistent substance abuse issues, such as alcohol or drug
    addiction can lead to severe conflicts, trust issues, and a breakdown of the marital bond,
    prompting some individuals to seek divorce.
  • Growing apart: Over time, couples may find that they have drifted apart, lost their emotional
    connection, or no longer share common interests or goals. This sense of growing apart can
    contribute to marital dissatisfaction and a desire to pursue divorce.
  • Lack of intimacy or sexual compatibility: A lack of physical or emotional intimacy or ongoing
    sexual incompatibility can create frustration, unhappiness, and a sense of unfulfillment in a
    marriage, which may ultimately lead to divorce.

ON WHAT GROUNDS INDIAN PEOPLES GET DIVORCE In India, divorce can be obtained on various grounds as specified under different personal laws and the secular law of the country. The grounds for divorce may vary depending on the religion and personal law applicable to the individuals involved. Here are some common grounds for divorce in India: Hindu Marriage Act, 1955: This law applies to Hindus, Buddhists, Jains, and Sikhs. The grounds for divorce under this act include:

  1. Adultery: If one spouse engages in a voluntary sexual relationship outside the marriage.
  2. Cruelty: If one spouse treats the other with mental or physical cruelty, that makes it difficult to live together.
  3. Desertion: If one spouse abandons the other without any reasonable cause or consent for a continuous period of at least two years.
  4. Conversion to another religion.
  5. Mental disorder: If one spouse suffers from a mental disorder that makes it impossible to live together.
  6. Communicable disease: If one spouse suffers from a serious and incurable disease that is communicable.
  7. Presumption of death: If the spouse has not been heard of as being alive for at least seven years.

Conclusion

Various factors contribute to the rising divorce rates in India. One significant factor is the changing roles and aspirations of women in society. With increased education and economic opportunities, women have gained greater independence and agency. They are no longer confined to traditional gender roles and are more likely to assert their rights and seek divorce when faced with unhappy or abusive marriages. This shift in women’s empowerment has played a pivotal role in reshaping societal attitudes towards divorce. The influence of tiseurbanisationpursueglobalisation and io cannot be understated. Exposure to diverse cultures, lifestyles, and ideas through media, travel, and the internet has broadened horizons and expanded individual aspirations. As a result, people are more inclined to ri personal happiness, fulfilment, and compatibility in their marriages. They are less likely to stay in relationships that do not meet their emotional, psychological, or intellectual needs. This changing mindset has contributed to a higher propensity for divorce.