Marriages are made in heaven but so are divorce
Marriage is an important part of society, religion, family structure, and even politics. In addition to these cultural connections, marriage is also important for other reasons. According to Hindu law, marriage is a sacrament, in that it establishes a holy bond between the spouses. Every citizen in India has the constitutional freedom to practice any religion of his or her choosing.
In India, marriage rules are governed by diverse personal laws according to several religions. The relationship between spouses has social and legal repercussions. Marriage is a holy union in which two people pledge to respect each other and their families. It also gives you a partner with whom you can share financial and parenting responsibilities, housework, and taking care of yourself. The success of a marriage depends on how well the two people know, love, respect, and care for each other.
Unhealthy Marriage and Divorce
Marriage is one of the most significant events in a person’s life. According to the National Family Health Survey (NFHS), around 38 percent of Indian women experience domestic abuse. Domestic violence is defined as any act that affects or endangers the victim’s health, safety, life, limb, or wellbeing (mental or physical), or tends to do so, and includes physical abuse, sexual assault, verbal abuse, emotional abuse, and economic abuse.
Years of exposure to violence can have physiological effects on an individual.
In the case of Smt. Haimanti Mal vs. The State of West Bengal, the Calcutta high court granted Rs. 1,000,000 to the wife as compensation for mental anguish caused by her husband’s actions. Section 22 of the 2005 Protection of Women from Domestic Violence Act stipulates compensation and damages for injuries including mental torture and emotional anguish resulting from the respondent’s act of domestic abuse.
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In line with the proviso to section 2(q) of the Protection of Women from Domestic Violence Act of 2005, an aggrieved wife or female living in a marriage-like relationship may also make a complaint against a relative of the husband or male partner, depending on the circumstances. This also aided women who cohabit with their relationships without being married and whose partners are physically or emotionally abusing them.
A divorce is a way to escape an abusive marriage.
In India, divorce and separation are viewed as uncommon occurrences. Divorce is one of the most devastating circumstances that may occur in a marriage. A couple must endure several emotional breakdowns before choosing to separate. The legal breakup of a marriage is divorce. In India, seeking a divorce is a lengthy legal process with a minimum prosecution time of six months.
India is home to several religious sects with their own marriage and divorce laws. In a case, the Supreme Court ruled that divorce might be granted if a marriage is unworkable, emotionally dead, and irretrievable. In the classic case of irretrievable breakdown Neelu Kohli vs. Naveen Kohli, the court ruled that it is necessary if the cruelty is of such a kind that it makes cohabitation impossible.
Still, it is surprising to learn that India has the lowest rate of divorce in the whole world. 1 out of every 100 Indian marriages results in divorce, which is quite low compared to other nations. The Hindu Marriage Act of 1995 permits all Hindus, Buddhists, Sikhs, and Jain to seek a divorce. Men and women can get a divorce on a variety of legal grounds.
Section 13 of the Hindu Marriage Act specifies the reasons for divorce:
Extramarital Relations [section 13(1)(i)(a)]:
The wife may file for divorce if the husband cohabits with another woman after the marriage has taken place.
The wife may file for divorce under Section 13(1)(i)(b) if her spouse treats her with bodily or mental cruelty.
Section 13(1)(ii): If the spouse changes to another faith, the wife may file for divorce.
Insanity [section 13 (1) (iii)]: If the husband has been incurable of an unsound mind or has suffered from a mental condition, the woman may file for divorce.
Venereal illnesses [section 13(1)(v)]: if the spouse has a venereal disease, the woman may file for divorce.
Renunciation of the world
Presumption of death [section 13 (1)(vii)]: If the husband has not been heard from for seven years, there is a presumption of death, and the wife may petition the court for a divorce.
Special grounds for divorce for the wife [section 13(2)]
Husband’s pre-act polygamous marriage [section 13(2)(i)]
Rape, sodomy, or bestiality by the spouse [section 13(2)(ii)].
Nonresumption of cohabitation following a maintenance decision or order [section 13(2)(iii)]
A woman who got married before she turned 15 chose to end the marriage between the time she turned 15 and the time she turned 18.
These are the divorce grounds available to Hindus. In contrast to Hinduism, Muslims, Christians, and Parsis communities have their own marriage and divorce rules. Under Muslim law, both parties to a marriage contract have the right to request a divorce, although the husband’s entitlement is far stronger than the wife’s.
The Special Marriage Act of 1956 allows spouses of various ethnicities and castes to file for divorce. Section 27 of the special marriage legislation specifies the following grounds for divorce:
Subject to the provisions of this Act and the rules promulgated thereunder, either the husband or the wife may file a petition for divorce with the district court on the grounds that the respondent: has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or is unduly violent.
Alimony and maintenance rights for divorced women: The end of a marriage doesn’t mean the end of sacred relationships because obligations still need to be met. A man has to take care of his wife, children, and parents. Section 125 of the Criminal Procedure Code sets up the order for spouses, children, and parents to be supported. Several personal laws control these maintenance and alimony regulations.
This keeps the wife from being homeless and poor if the husband leaves or they get a divorce. A woman has the right to maintenance and alimony for financial support purposes. If a woman can’t afford to live on her own, she can ask her husband for money.
The money can be given as a lump sum or as a set number of payments at regular intervals. In the Binita Das v. Uttam Kumar case, the high court of Delhi ruled that the magistrate cannot refuse interim support to the wife only on the grounds that she has earning ability or is qualified.
In the case of a unique marriage act, the regulation is a bit different, and only the wife can claim support. In accordance with the Hindu Marriage Act, if the alimony-seeking spouse is unable to support himself, he may also claim maintenance.
Mohd Ahmed Khan vs. Shah Bano Begum, a very important case, is one of India’s most controversial maintenance cases. In this decision, the Supreme Court granted maintenance to a divorced Muslim woman regardless of Muslim personal law. The Supreme Court ruled that section 125 of the CrPC also applies to Muslims.
When a couple’s marriage isn’t working out, it can cause a lot of emotional stress for the kids. The Guardianship and Ward Act of 1890 and the Hindu Adoption and Maintenance Act of 1956 divide child custody into the following categories:
1. Physical control
2. Shared custody
3.Legal custody
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Most likely, the father is obligated to assume custody of the kid for support purposes. The Indian constitution considers all aspects and makes measures appropriately. A newborn infant needs considerable care during this period, which can only be provided by the mother. Both Hindu law and Muslim law include unique provisions for the rights of parents regarding child custody.
These two pieces of legislation, the Guardianship and Ward Act of 1890 and the Hindu Adoption and Maintenance Act of 1956, plays a significant role in determining child custody in Hindu law. The child will remain with the mother until he or she reaches the age of five, and then custody will be transferred to the father until the child reaches the age of eighteen. When the child turns nine, the court will take into account the child’s choice of which parent he or she wants to live with.
Muslim Law and Divorce
In Hanafi Muslim law in Hanafis, Hizanat grants sole custody to the mother unless she is either physically or mentally incapacitated or abuses the kid cruelly. Hizanat is one of the Hanafi Muslim regulations dealing with concerns about child custody.
In one case, the 2016 Supreme Court in a mutual divorce case favored giving custody to the mother, but the child wanted to live with his father. The court determined that the child had been living with his mother since he was 21 months old, but he preferred the company of his father, so the court decided to give the child to his father.
In the event of a divorce, women have no claim to their husband’s possessions. The Marriage Laws Amendment Bill, 2013, was proposed in 2010 and passed by the Rajya Sabha on August 26, 2013. The bill said that the wife could claim or own 50% of her husband’s real or personal property, no matter when the property was bought. However, this bill has since expired.
Streedhan refers to any gift or property, movable or immovable, that a bride gets from her family before or at the time of her marriage. Section 27 of the Hindu Marriage Act of 1955 and Section 14 of the Hindu succession legislation preserve the right of Indian women to streedhan. The woman is free to sell, alienate, use, or give her husband’s property to whoever she chooses.
Relations are comparable to milk. It takes hours to milk a cow, but just a second to spill the milking bucket. Even though the point of divorce laws is to end marriages, divorce also means the end of a family bond, so it shouldn’t be used or sought out quickly. Divorce might not be the best option for everyone.
Instead of splitting up, every couple should try to work out their differences by getting back together. It is essential to recognize that divorce has a negative aspect. Recall that you once loved the person you hold a grudge against. In a peculiar instance, a Muslim lady petitioned the Sharia court for a divorce after just 18 months of marriage, claiming that her husband’s affection was stifling her.
Individuals are seeking divorce to escape their marriages. Individuals are ending pleasant marriages, which is impacting society as a whole. The dissolution of marriage separates not just the couple but also the good relationship between two families.
The main point is that staying in a bad marriage or relationship is not an option. In this case, the couple must choose to divorce. Do not allow your spouse to abuse you or your relationship in any way, and do not condone violence under any circumstances. If your partner has a history of violence, speak out against it.
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