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Divorce: A General Scenario In Modern Life

India is a country which give more importance to cultural and ancient values even if we are evolving in the modern times. As a general sociopath it is noticeable that the divorce rate has been increasing in last few decades. Divorce is the legal ending of a marriage, which is considered to be a pure and peaceful sacrament under the ancient values. Now a days divorce is so familiar with every person between any age as 1 among ten of their family members might have applied for divorce in these days. Here I would like to emphasize on Hindu Marriage Act and Divorces as it has been an origin of history from ancient days in India.

Divorce

Divorce under Hindu Marriage Act, 1955 is mentioned under Section. 13 (1)where it explains:-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 a decree of divorce. Marriage is a promise between two individuals to take care of each other until their existence. Where divorce is the breach of this trust and promise under several circumstances where these two individuals cannot stand by with each other. In olden days women used to sacrifice their pride, voice and self-respect in order to maintain their marital status even though they are exhausted and drowsy with their relationship for the family status under so called society which was always vigilante about the mistake of others.

Grounds Of Divorce:

Adultery

Adultery is one of the main causes for the divorce in a modern life where the generation doesn’t have a proper knowledge and control for their emotions. Under Hindu Marriage Act, 1955 Sec. 13 (i) a person can apply for divorce if the spouse had a voluntary sexual intercourse with someone else than their spouse after the solemnization of the marriage. Two individuals are agreeing upon some points with consensus mind for their marriage, if the other partner cannot fulfill it then it would be better for them to take two paths instead of one, they are going through. Even though Adultery is considered to be an offence under Section 497 of Indian Penal Code until 2018 and struck downed on September 27 th 2018 and It have been practiced since the ages of Pandavas and Kauravas. It is the basic ground for divorce under H M Act, 1955.

Cruelty

Cruelty is a specific behavior in which a person finds pleasure in the suffering of other persons. In a marriage in India, it is majorly visible that the husband is dominating and independent where the wife is considered to be the weak one which can be manipulated by the husband generally. Under Sec. 13 (ia) of H M Act,1955 cruelty have been mentioned.

Where it is treated under two sub topics:
  1. Physical Cruelty: a person shows of express or feel happiness in the suffering of opposite person or cause suffering to the opposite person by beatings, through hard sexual intercourse, through other means to make pain by acting violence.
  2. Mental Cruelty: a spouse harassing his or her partner mentally for not having proper dowry, or for no reasons are all subjected to mentally making a partner unstable by harassing or showing cruelty.

Desertion

Desertion is the means that spouse is leaving his or her partner for a period of two years immediately before the application of decree of divorce without any reasonable cause that can be given in order to leave the spouse. It has been mentioned under Sec. 13 (ib) under H M Act, 1955. In these grounds the burden of proof have been entitled with the petitioner as he or she have been the victim.

Conversion

Conversion is the case which have been mention under Sec. 13 (ii) of H M Act, 1955 where one of the spouses change their religion from one to another then their marriage dissolves under their request or choice for divorce.

Insanity

Insanity have been mentioned under Sec.13 (iii) of H M Act, 1955 where one of the spouse is having mental problems which cannot be incurable for a period of 2 years then the other partner can ask for divorce under reasonable ground.

Veneral Disease

If one of the spouses is having a veneral disease in the communicable form then the partner can ask for divorce if it is not curable which has been mentioned in the Sec. 13(v) of H M Act, 1955.

Remedies For Decreasing Divorce

The remedies are majorly in the hands of the partners. When we are getting married it is a promise to be with each other. It is important to be adjustable and understanding during a marital life so that you both can avoid misunderstandings and forgive your small mistakes and correct them together. Even the family members and near friends can influence the marital life so try the best to pick the good messages from every relationship so that you can work great in your marital life. You need to be more cautious of the world who actually want to bring you down in some way or either by making you weak so being mentally and physically strong to defend everything is the best you can do as a remedy during these days of cheating.

Conclusion
Marriage is a sacrament even in any of the religions or castes so it is important to maintain the marriages pure and transparent. Divorce is something that we are coming across in our daily life which we can avoid. These laws are there to support us in our pathetic conditions so it would be better if we can be little bit more bearable than these modern trends in order to make family strong and clean as what we have been taught.

Written By: Sreejith B

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