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 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 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 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:
- 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.
- 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 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 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 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.
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
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
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