Divorce- A Socio-Legal Process

Family in India is an  intricate and extensive organization. These days we can see a lot of changes in families. The rate of divorce and separation is widely increasing so are the domestic violence and the inter generational conflicts.

In a research done previously it was seen that divorce and re-marriage are a series of transition brought about in the lives of the people involved. It cannot be regarded as a single static event. Divorce and re-marriage brings about many changes like: the trauma, child custody and the addition of step-siblings in case of re-marriages.

 How to we define a divorce?

Divorce either partial or total is the dissolution of a marriage by the order of the court. Total dissolutions mean a divorce, or a total separation.

According to the Hindu marriage act 1955,’ any marriage solemnized , whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by the decree of divorce 1 on the grounds mentioned above.’

In India, which consists of mainly Hindus, marriage is a very sacred and life long relationship. For any Hindu women, marriage is an unbreakable bond. Divorce on the whole was an unknown occurrence among the Hindus, it was only recognized after the passing of the Hindu Marriage Act 1955. There is some matrimonial offense under which the spouse can file for a divorce. These include: cruelty, adultery and bigamy. Under a mutual understanding and consent, a divorce is available under Hindu Marriage Act.

The concept of divorce is different from separation, desertion and annulment according to the Hindu Marriage Act 1955. A divorce is a process in which a marriage is completely broken and the people are then known as single and they can remarry, if they will.

In reality, it is much more than that. It brings about vast changes in the person’s life in the form of: social, psychological, personal, legal and parental consequences. The nature of a divorce as a socio-legal nature is very interesting.

Literature Review

The nature and consequences of a divorce are widely studied in the West. Various forms of research have been done. Whereas, in India, the study has though been enough, it is still less than in the West. The reason behind this is inadequate amounts of data and less number of divorces taking place. It was noticed that at various eras of time, many studies on marriage, family and divorce were conducted.

Demographic Data on Divorce

Almost about 8% of the population in Andra Pradesh are divorced according to the census In 2001. In Hyderabad about 4% of females are divorced. Apart from all this, the rate of divorce is increasing steadily. Total number of people who are divorced increased from 2850 in 1991 to 7433 in 2001. These calculations are in Hyderabad.

Divorce is something that our society does not promote but at times people have no other option.

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