CHAPTER –VII

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 CONCLUSION AND SUGGESTIONS

7.1. FINDINGS AND CONCLUSION:

In the political, economic, and social realms, men and women are afforded equal rights and
opportunities under Article 14 of the Indian Constitution. Discrimination on the basis of religion,
ethnicity, caste, sex, etc. is forbidden under Article 15. Additionally, in order to uphold the
constitutional obligation, the state has passed a number of laws designed to guarantee equal rightsS
and combat social discrimination. There are many different cultural, religious, and ethnic groups in
India, and each of them has its own traits, viewpoints, and strategies on the issue of marriage
relationships. No single body of codified or uncodified personal law governs all marital
relationships uniformly.
There are distinct Acts that apply to Hindus, Muslims, and Christians. Different religious
communities have used marriage as a ritual to provide its members with a safe way of life and an
environment conducive to the preservation of human existence. Different religious communities
have used marriage as a ritual to provide its members with a safe way of life and an environment
conducive to the preservation of human existence. In the family system, husband, wife, and children
are born to share the obligations and safeguards for the protection of the unit that both openly and
implicitly plant the seeds of our culture, civilisation, legal system, and social behaviour. Along with
legal and personal responsibility components, marriages also had a strong emotional link between
husband and wife in ancient times.
The concept of a husband and wife and their love tie, which are the fundamental reasons for
forming a family and giving birth, have not altered, nor have the rituals surrounding marriage,
which have remained mostly unchanged for hundreds of years.
Marriage is the first institution that receives legitimacy from a religious perspective initially,
but this perspective has since changed to one that views marriage as a civil contract with some
residual religious implications. The state of marriage became more vulnerable with time, and the
pressures from society and the economy grow as a result of the frequent breakdowns and
separations in marriage.
When there is a lack of mutual understanding between the husband and wife, it is difficult
for these couples to maintain happy marriages, and as a result, they choose to break their unions
through divorce. Divorce laws vary from country to country, but in some of them, the court or
another legal authority must approve or give their permission before the divorce may be finalised.
Similar to how polyandry is not lawful, a woman is able to remarry any other person through
divorce when bigamy is a crime against marriage.
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Without a doubt, divorce is a difficult way to end a marriage, yet divorce is a very regular
occurrence in society, whether it is for the better or worse.
Almost everyone in today's society has been affected by it, whether it was their own fault or
that of a friend, relative, or other close person. The maxim "martimonia debentesse libera"1 states
that "marriages ought to be free" and that either the husband or the wife may renounce the marriage
at any time if they so choose. This saying is found in both Roman and Greek law. Up until the tenth
century, there was complete freedom in western countries with regard to divorce. However, this
freedom was eventually curtailed by the influence and power of the Christian church, which views
marriage as a sacrament that was instituted by God and Christ and cannot therefore be dissolved by
human action.
The legal entity of a woman is pencilled in after marriage, her rights are included and
combined with the rights of the husband under whose protection she accomplished everything; by
following this thought marriage is consider as a civil contract and the decree of divorce is asserted
by the civil authorities. Later on, marriage is considered to be a sacrament, creates an inseparable
bond between husband and wife, and can be treated as a union of two souls.
Thus, marriage, which was formerly regarded as a sacrament, merely evolved into a civil
contract. Unfortunately, only Hindu women are affected by the Hindu belief that marriage is an
unbreakable bond that cannot be severed after death. While a guy to whom she had been given can
take a number of Kanyas in dana, a female can be given in Kanyadana in her marriage by her father.
How odd that Hinduism has always opposed to single marriage, as we have seen in ancient
Hinduism through different shastras and the epic (Ramayana).
While the Smritis, Shrutis, and other early Hindu Scriptures outright forbade the right to
divorce, it is now permissible once a marriage has been accepted by the law. Today, divorce is
accepted as a normal aspect of Indian society. In recent years, there have been numerous
matrimonial-related newspaper columns featuring divorcees looking for new spouses, whether they
have been consummated or not. Now that divorce applications are accepted, the terms "singlehood"
and "pre-marriage" are equivalent. Divorce involves a variety of social factors. Either in a
customary form or a legal form, it can be observed in every religious society. It is emerging as a
fresh sociocultural idea that has been influenced by western culture and urbanisation.
As a result, we discovered many divorce laws for Hindus, a very outdated rule for Christians
that was founded on the principle of fault, and laws for Muslims that required an irretrievable
breakdown of marriage in order to dissolve a marriage. The Law Commission's 71st report
recommended the theories of irretrievable breakdown, mutual consent, and guilt (fault)theory for
Hindus to use in their divorce proceedings.
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As a result, divorce and separation laws have far-reaching effects in any religious society, with
varying degrees of positive or bad impact on marriages that end in divorce. Some have argued that
divorce has a positive effect because, when a marriage turns into hell for the couple, it is important
to end that torment and begin over. On the other hand, others have claimed that it has a negative
influence since it uproots the family and destroys the family tree.
The present study endeavours to examine the following
 idea of divorcing
 Divorce grounds in accordance with Indian personal law
 Theories Regarding Divorce
 Divorce processes and procedures under various laws
 Post divorce effects
 Attitudes of married couples, divorced women, and the general public regarding divorce
 It would be preferable if society used the idea of divorce as a way to get out of a bad
situation and restart their lives.
 Divorce is neither a custom nor a trend. It is a treatment for married couples who are
struggling to breathe in their union.
 The influence of parents and other elders on newlyweds' marriages is significant.
 Relationship and tension between mother in law and daughter in law, as well as other family
members. becoming a cause of divorce today.
It is everyone's responsibility to comprehend the emotions and sentiments of others. It is an
agreement and mutual co-operation.
 Economic or financial supremacy or empowerment should not be used to subjugate or rule
over another individual. Marriage is a mutually beneficial partnership, and divorce is what
happens when that partnership fails.
 There is no need for more laws when the laws that are already in place for divorce as a
remedy are adequate.
 When offering a solution to a marital disagreement, the judiciary was impartial.
 According to the data on family courts, the divorce rate has grown over the past ten years.
 Children's social lives & broken marriages have a significant impact.
 Divorce has positive effects as well as negative ones.
 Parents should never influence or grant their children's consent for marriage. It must be
provided freely and by those who are interested.

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  Marriages must be conducted based on the parties' concession and mental state, not their
social standing.
 Marriages that are compelled by society or that are imposed upon people do not usually end
happily.
 They invariably lead to a ruined marriage.
 Divorce is not considered a viable option to maintain extramarital relationships.
 Every divorced couple does not have to move on and choose to be married again.
 Adultery is not only perpetrated by men in today's society; women are as equally guilty and
contribute to marital discontent.
 The role of mediation helps to retain the privacy and confidentiality of matrimonial issues,
and if a couple wants to start over again, they may count on them for support and invaluable
assistance.
 Marriage structures are also impacted by live-in relationships, and more and more people
increasingly choose to live together rather than get married.

7.2 TESTING OF HYPOTHESIS:

7.2.1 One of the main causes of the rise in divorce is the influence of western society, social media,
and incompatibility between spouses.
The theory is supported. The main causes of the rise in divorce in modern society are the
effects of western culture, social media, and failings of understanding between husband and wife.
With the opinions the researcher gathered, this may be demonstrated. The general public, married
women, divorcees, and activists were questioned regarding the issue and to determine their level of
satisfaction. Thus, it has been established that the influence of western culture, social media, and
spouses' inability to communicate effectively are factors contributing to an increase in divorce.

7.2.2 May gradually lower the divorce rate in Tamil Nadu by changing the educational system.
The hypothesis is supported. The divorce rate in Tamil Nadu can finally be decreased
through gender education, life education, moral education, sex education, and medical counselling.
The opinions the researcher gathered can be used to support this. General Public, married women,
divorcees, and activists were questioned regarding the issue and to determine their level of
satisfaction.

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Thus, it has been demonstrated that medical counselling, gender education, life education, moral
education, sex education, and life education can all help to finally lower the divorce rate in Tamil
Nadu.

7.2.3 The divorce laws are acceptable to society.

The hypothesis is supported. The legislatively crafted divorce laws are acceptable to the
Society. The opinions the researcher gathered can be used to support this. General Public, Married
Women, Divorced Couple, and Advocates were asked questions in relation to and to gauge the level
of satisfaction. Thus, it has been established that the society is content with the current laws
governing divorce and its process.

7.2.4 The laws governing divorce are not being taken advantage of by society.
This theory is debunked by evidence that the current social structure regularly abuses
divorce-related laws. Data gathered from numerous sources can be used to demonstrate this. data
gathered from advocates, divorced couples, and married women. Thus, it may be inferred from the
responses given above that society has abused the divorce laws.

7.3 SUGGESTIONS:
Two parts make up the study's recommendations.
General suggestion: These are the recommendations made by various social classes and the
researcher who was present during the study's survey.
Specific Suggestions: These are the recommendations made by various social strata as well
as by the researcher who discovered and noticed them during the study's survey.

7.3.1 General Suggestions:

The young people's school and college levels may offer them aspic education regarding
marriage, family structure, sex, and other topics. to help them realize the value of marriage and
having a family for the future.
Both sides must make adjustments in their marriage and put up all of their effort
(emotionally, cognitively, financially, and physically) to ensure that it is successful. Parents should
not interfere with the couple's decision-making process, whether they are the wife's parents or the
husband's parents.
If the parents feel that the couple needs any advice, they should be able to offer them
constructive criticism.
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In a marriage where everyone is working hard to make it work, having high expectations from your
partner is something you should avoid. When a marriage seems to be "Dead," it is preferable to
dissolve it through divorce.
To stop the abuse of marriage laws, all unions whether they are voluntary, forced, NRI-
arranged, or held by any other customs must be registered. The National Women's Commission
should organize special campaigns to educate people in urban, rural, and tribal areas about the laws
pertaining to marriage and divorce.
Non-Governmental Organizations (NGO) and their allies may organize projects to provide
illiterate women with basic education so that if they become divorced, alienated from their families,
or deserted by their husbands and in-laws, they will still be able to support themselves. National
Men should be represented on the National Women commission, too.
Commission as in present society males are also sufferer in their marriages.
Similarly, the Bar Council of India should add Hindu personal law, Muslim personal law,
Christian personal law, Parsi personal law, and so forth to the section on legal education.
Universities should include personal laws in their legal course curricula in addition to Hindu
and Islamic law.
Through the use of an ADR system, NGOs, law schools, etc. educate the public about
marriage and the causes of divorce. Government, non-governmental organisations, and legal service
agencies should offer free legal aid clinics for the underprivileged and destitute. The State
government and NGO's have advised opening counseling centers for unmarried couples. Before
divorcing, parents should give their children's future some thought.
A separate legal department should be established by the government to keep track of
divorce matters on a state and district level.
The National Women and Child Welfare Department has to share mediation statistics so that
people may understand why divorce rates are rising in Indian culture as well as how frequently it
occurs.
In order to ensure the child's future, the court should award the capable parent custody of the
child following a divorce between two people.
The government should set up counselling sessions and a counselling cell for children of
disintegrated marriages and shattered relationships since these kids are more likely to turn to crime
in order to exact revenge on society.
Nuclear family systems should be abandoned once more in favour of joint families.

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 Government should provide data from censuses, divorce rates based on a state's total
population, sex distribution, married couples, and divorce.
Marriages should not be forced, free consent and free will to marry is more vital today, to
see how the belief is being destroyed by society.
It is time to modify the way the public views divorce and remarriage, especially when it
comes to female partners.
Every couple who gets divorced goes through a terrible process.
Therefore, they should receive assistance from their families, the community, and their close
friends. Families and social values should be instilled in the children during their upbringing in a
pleasant environment.
When choosing a life partner for the future, extreme prudence is necessary.
The spouse must have a very good understanding of their life partner and the family they
were a part of before being married.
Marriages ought to take place when the prospective spouses can comprehend the nature of
the union and are mature enough to deal with issues as they emerge.
The couple shouldn't rush to petition the courts for divorce. In order to end their marriages,
people should turn to the law as a remedy rather than taking drastic measures against their partners.
It should also be possible to separate from the judiciary on the grounds suggested by the
Law Commission in its 219 report.
As a result of the irretrievable breakdown theory, the legislature should take the law
commission's report into consideration.
Marriage-related laws must be gender neutral because today's women have more authority
than they did in the past, when these laws were drafted and passed.
There is no longer a need for wives to enjoy particular privileges because, in the modern
world, women are also capable of supporting themselves and their families, and when they do have
access to such rights, they often utilise them to their husbands' and his family's detriment.
Prior to marriage, HIV testing and erectile dysfunction screenings must be made mandatory
because the primary goal of marriage is to produce children.
As a professional woman today also serves as the family's primary provider, there shouldn't
be as many high expectations for her.
The full participation of men and women in all initiatives aimed at achieving equality should
be encouraged. The government should support women's economic empowerment, including
employment, and work to alleviate the ongoing and escalating burden of poverty on women.

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Male and female social roles are distinct in society. Male and female members of society are not
treated equally.
Girls are raised to accept themselves as being subservient to boys and are forced to conform
to the norms of a patriarchal, male-dominated society from an early age.
Boys should learn to treat girls with respect, and parents should treat boys and girls equally.
Both official and informal education, as well as education in the family, is crucial.
People always want a newlywed woman to show respect for the elderly, cherish the young,
and perform domestic responsibilities flawlessly, but they often forget that they also owe her some
obligations.
Since relationships are sensitive, they need to be properly maintained to be happy and last a
long time.
Remarrying after divorce may be accepted by society, particularly if the divorcee is a
woman.
Women should be allowed the freedom to make decisions for the good of their families and
the development of society. She is able to comprehend the nature of work and her responsibilities in
it, just like in the modern world. Removing the limitations a woman had been subjected to because
of her family.
Government should subsidies NGOs, paralegal organizations, and other organisations that
help the less fortunate members of society.
To end family cruelty in marriage, the government runs special projects to raise knowledge
of the laws against domestic violence and the child marriage restraint act in disadvantaged
communities.
NGOs can launch campaigns to inform people about the current concerns women are facing
in society, particularly those that occur behind closed doors, and to highlight the facts on connected
problems.
To inform the public about the changes to the current legal system, the government can
employ social media, print media, television, and broadcasting.
The value of custom, tradition, and the foundation of a system should become a part of their
education from secondary level to graduation level, it is advised. At the societal level, special
initiatives should be implemented to support parents' efforts to assist their children in resolving
conflicts.
In either case, husbands and wives should help their parents. NGO's should administer a
special initiative to support couples' mental health.

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Without the couple's permission, a marriage cannot be formally declared. Couples should make an
effort to become a "joint family" so that the fundamental ideas that make up a family can be
established.
Public understanding of the current legal system's modifications.
It is true that women today have greater economic freedom than they did in the past, but this
cannot be used as justification for divorce.
In order to have a good marriage, husband and wife should place more emphasis on their
marital obligations than on their marital rights.
Couples should not rush the divorce process. They must reevaluate divorce before making a
decision.
Couples should also recognise that divorce is not favored by any tradition and that they
cannot force it upon others.
When a couple divorces or separates, they become the "Talk of the Town" in society and are
criticized for their social standing.
Couples should avoid financial stress in their lives as it can have a detrimental effect on their
relationships.
Change is necessary for everyone. Therefore, in order to re-energize their marital ties,
couples in marriage should give time, spend time together, or experience happy moments.
Nowadays, it has been seen that couples exclusively practice western culture outside of their
homes, while stifling one another within against their will.
Therefore, it is advised that such couples comprehend their partner's state and situation as
well.

7.3.2 Specific Suggestions:

Rapid hearings in family courts in every area so that the case can be settled quickly and
individuals who are suffering in unhappy marriages can leave them and begin a new life.
Legislation should be strict in its enforcement of the prohibitions against child marriage and
those who participate in it. Legislation should restrict the application of I.P.C. Section 498-A, which
deals with dowry and cruelty in marriages, because it is now used against husbands and their
families to satisfy the unlawful demands of their wives rather than as a remedy.
State-wide and district-level mediation centers should be set up so that parties to divorce
cases must be sent there for counselling prior to the case moving forward in court.
This would help the parties better grasp the effects of divorce on both them and their loved
ones.
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 Divorce processes should take place behind closed doors, especially when infidelity,
impotence, and other causes are involved. So as to avoid offending either a woman or a man's
modest.
In order to maintain the foundation of marriage as a sacrament and prevent it from turning
into a contract, lawmakers should restrict the extent of Live-in Relationship for couples based on
particular requirements.
The notion of marriage as we know it is somewhat thrown off by legalising the LGBT
community. To the legislation makers, it is therefore recommended that they evaluate this.
The judiciary in divorce cases is urged to adhere to Article 14 (Right to Equality) of the
Indian Constitution, which states that it must be impartial towards all parties. The Indian
Constitution's Article 44 further mentions that the legislature must create uniform personal laws.
According to Article 142, when the Supreme Court approves a divorce in the interest of
justice, it must first check that the appropriate financial arrangements have been made for the
parties and any children. For marriages with NRIs and divorce, the legislative must provide a
proper, consistent code.
Periodically, the parliament must modify the laws governing the amount of alimony and
maintenance. The legislature should create rules to protect widowed and divorced women and to
help them rebuild their lives.
The judiciary should be severe in how it handles cases involving brutality for Dowry
demands and Dowry Death. The courts should deal with cases involving "cruelty" under the
Domestic Violence Act 2005 as soon as possible.
The judiciary should be impartial in its treatment of the parties to divorce disputes.
Most of the time, it is assumed that male blame, rather than female fault, must be at fault.
This demonstrates the biased view of men in the legal system. As in certain instances, we saw that
women were the ones who made mistakes.
The cooling-off period should not only be waived in cases of annulled marriages but also
when both parties agree to it. Limiting the number of appeals in divorce cases in the appellant court
is required to save the court's time.
Article 142 of the Indian Constitution should permit lower courts to render judgements as
well, particularly in cases when marriages have lost all possibility of reconciliation.
It is indeed a tragedy for those destitute people who ruin their prime years of life in the
courts in order to get rid of their deceased relatives.

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 The homosexual lifestyle need to be made a divorceable offence by the legislature. The
focus of one's spouse is all that is required when a pair gets married.
It becomes challenging to live a regular life with someone when their spouse learns that
they are homosexual, though. So that the injured spouse can receive redress and begin a new life, it
is necessary to make a clear provision regarding divorce.
The wife should be able to file for divorce if she commits adultery, according to the law.
Women are now committing adultery against their husbands, just as it has been observed in
modernizing society.
According to the Domestic Violence Act, the National Human Rights Commission and
National Women's Commission (NHRC and NWC) are authorized to take sue motto actions.
Law makers should carefully infer the existing social norms. For the benefit of children,
especially those from broken marriages, each State should enact laws using the authority granted to
it by Article 15(3) of the Indian Constitution.
Opening new NHRC and NWC locations in each District to better serve those in need.
The State may enact legislation to limit live-in relationships and to establish standards that
will apply to the victim and render the proper punishment.
The legislature can establish such regulations to keep track of the case's progress from the
initial complaint to its resolution and to determine whether the remedy provided to the harmed party
is appropriate or not.
Every State Government and its particular districts may get directives from the Central and
State legislature on awareness campaigns to highlight the problems with exploitation and violence
in marriages, with a focus on the factors that lead to abuse of women and children.
As it is crucial for men to comprehend the delicate demands and issues of women, the
legislature may create regulations for each state's government to operate special programming in
mediation counseling centers relating to gender sensitization.
Dowry and the need for dowry at the time of marriage become a major cause of matrimonial
disputes, which increases the incidence of domestic violence and divorce.
The Dowry Prohibition Act of 1961 may be strictly enforced by the legislature through the
creation of rules. For individuals who are either negotiating between the parties for the fulfilment of
dowry demands, the legislature may strengthen the punishments stipulated in the dowry prohibition
act of 1961.
Despite being a legal issue, domestic violence also has social and psychological effects.

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It is important to alter the mentality of the male-dominated society for its permanent eradication,
and the legislature can only achieve this by making it a fundamental obligation of males not to
regard women as their property.
Give her your love and respect and treat her like a human being. The laws of other
communities living in India should be updated by the legislature and altered in light of the
recommendations of the Law Commission.
LGBT is not an Indian concept and has not evolved into the foundation of any family
structure, if possible. Therefore, this idea poses a threat to the stability of marriage and raises the
divorce rate.

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 BIBLIOGRAPHY
A. ACTS :
1. Code of Criminal Procedure, 1973.
2. Constitution of India, 1949.
3. Dissolution of Muslim Marriage Act, 1936.
4. Family Court Act, 1984.
5. Hindu Marriage Act, 1955.
6. Hindu Adoption and Maintenance Act, 1956.
7. Indian Divorce Act, 1869.
8. Indian Penal Code, 1860.
9. The Indian Christian Marriage Act, 1872.
10. Marriage Law (Amendment) Act, 1976. 6.
11. Muslim Marriage Act, 1937.
12. Muslim Women’s (Protection of Rights and Divorce) Act, 1986.
13. Special Marriage Act, 1954.
14. The Civil Procedure Code, 1908.
15. The Indian Evidence Act, 1872.

B. BOOKS:
1. Agarwala R K - Hindu Law (16th Edn ) 1991.
2. B.M. Gandhi – Hindu Law, 3rd edn.2008, P.297, Eastern Book Company, Lucknow.
3. Chavan R. S - Indian private international law, 1982, p.70.
4. D F Mulla -Principles of Mahamedden Law (1990)
5. Diwan Paras - Family Law, 3rd Edn (1996)
6. Diwan Paras - Law of Marriage & Divorce 5th Edn (2008) Universal Law
PublishingCompany, Delhi
7. Dr. Paras Diwan – Modern Hindu Law, p.128, 18th edn. 2007, Allahabad Law Agency
8. Kusum, FAMILY LAW I, Lexis Nexis, 2015
9. Kusum, FAMILY LAW LECTURES, LexisNexis, 2015.
10. Mulla, Principles of Hindu Law, Butterworths India, 2001
11. Myneni S.R. Hindu Law 01st edn. 2009 Asia Law House Hyderabad
12. Reddy G B - Women and the Law (1st Edn) (1997)
13. Ramesh Chandra Nagpal-Modern Hindu law, ed. 2008, p. 94.
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C. REPORTS:
1. Law Commission of India, 217th report on Irretrievable Breakdown of Marriage Another
Ground for Divorce, March 2009.
2.Law Commission of India, 71st report on Irretrievable breakdown of Marriage as a ground
for Divorce, April 1978.
D. ONLINE ARTICLES:
1. Abhiraj Thakur, “Irretrievable Breakdown of Marriage – A Ground for Divorce?”
Available at: https://blog.ipleaders.in/irretrievablebreakdownmarriage- ground-divorce/. (Visited on
may 26,2022)
2. Aditi sampat, “Irretrievable Breakdown of Marriage – History, Applicability and Current
Status in India” Available at:https://blog.ipleaders.in/irretrievable -breakdown-marriage-
historyapplicability- current-status-india/.(Visited on may 26,2022)
3. Aakankshaahire, “ India has the lowest Divorce rate in the world. Should we be proud of
it?”, Aug 04,2021, available at: https://youthincmag.com/indiahas-least-divorce-cases-should-we-
be-proud-of-it, (Visited on may 28,2022)
4. Dr.BrahmanandNayak, “Why divorce rate are increasing in india”, society trends, Dec
15,2021, available at : https://www.drbrahma.com/why-divorcerates-are-increasing-in-india/,
(Visited on May 27,2022)

E. JOURNALS/ NEWSPAPER:
1. Indian Bar Review
2. Delhi Law Times
3. Supreme Court Journals
4. All India Reporter
5.Divorce Matrimonial Cases.
6.Times of India
7. India Today
8. The Hindu

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