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DR. RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY, LUCKNOW
(SESSION 2022-23)

SOCIOLOGY-II
TOPIC:
INCREASING CASES OF DIVORCE IN INDIA

SUBMITTED TO: SUBMITTED BY:

SANJAY SINGH MAYANK SARASWAT
PROFESSOR Roll no. 220101102
(SOCIOLOGY), Dr. RAM MANOHAR B.A.LL.B.(Hons.)
LOHIYA NATIONAL LAW Section: B
UNIVERSITY, LUCKNOW
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TABLE OF CONTENTS

ACKNOWLEDGEMENT ……….......................................................3
DECLARATION ……….....................................................................4
INTRODUCTION ………...................................................................5
MARRIAGE AND RESPONSIBILITIES ..........................................6
DIVORCES IN INDIAN SOCIETY.....................................................7
LEGAL HISTORY OF DIVORCE......................................................8
RATE OF DIVORCE IN DIFFERENT STATES AND
COUNTRIES........................................................................................9
CAUSES OF DIVORCE ...................................................................10
EFFECTS OF DIVORCE...................................................................11
REASONS FOR INCREASING DIVORCE RATE IN INDIA .,......12
NEED TO NORMALISE DIVORCE IN INDIA...............................15
BIBLIOGRAPHY...............................................................................18
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ACKNOWLEDGEMENT

I have taken efforts in this project. However, it would not have been possible
without the kind support and help of many individuals and organisations. I
would like to extend my sincere thanks to all of them. I am highly indebted to
Prof. (Dr.) Sanjay Singh for his guidance and constant supervision as well as for
providing necessary information regarding the project, also for his support in
completing the project.

I extend my gratitude towards the seniors of my course, who constantly helped

me find the best sources for research. Finally, I acknowledge the authorities as
well as the care-takers of Dr. Madhu Limaye Library, who provided me with the
means to make this project in the form of books, computer system, access to
online paid law reports, El Cetera.

This project is a result of my efforts combined with all the means and
environment that has been provided to me by Dr. Ram Manohar Lohiya
National Law University, Lucknow and its authorities and I am thankful to
them.
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DECLARATION

I hereby declare that the project report “Increasing Cases of Divorce in India”
submitted by me to Dr. Ram Manohar Lohiya National Law University,
Lucknow, Uttar Pradesh is a partial fulfilment requirement for the award of the
degree of B.A. LL.B.(Hons.) is a record of bonafide project work carried out by
me under the guidance of Prof. (Dr.) Sanjay Singh. I further declare that the
work reported in this project has not been submitted, and will not be submitted
either in part or in full, for the award of any other degree or diploma in this
institute or any other university.

Mayank Saraswat

Enrollment Number- 220101102

Second Semester

B.A. LL.B.(Hons.)

Dr. Ram Manohar Lohiya National Law University, Lucknow

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INTRODUCTION
Marriage is a sacred bond in Indian civilization, which is traditionally
patriarchal. It's also a significant social structure. In India, weddings are
between two families rather than two people, and arranged marriages with
dowry are common. Marriage is attempted to be protected by both society and
Indian law.

Marriage has been the biggest and most significant institution in human
civilization from the dawn of humanity. It has always existed in some form or
another in every culture, ensuring societal legitimacy to a physical union
between man and woman and setting the framework for the family - society's
fundamental unit. Marriage has long been seen as a significant social institution.
It is the family's foundation. Regulation of sexual behaviour, reproduction,
nurturance, child protection, socialisation, consumerism, and race transmission
are all roles of marriage.

Under Hindu law, the sacramental component of marriage comprises three

aspects:

1. That it is a sacrament union, which implies that marriage is primarily

intended for the fulfilment of religious and spiritual obligations, rather
than to satisfy one's bodily wants;

2. a sacramental union implies that a marriage once entered cannot be

dissolved on any ground whatsoever; and

3. A sacramental union is also a connection of the soul, body, and mind. It is

a relationship that encompasses not only this life, but all future lives as
well. The union is for the wellbeing of all worlds, not just this one.
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MARRIAGE AND RESPONSIBILITIES

Marriage is the most important event in a person's life, and it comes with a lot
of obligations. Mental illnesses can either create or contribute to marital
conflict. Marriage can bring mental health issues in people who are prone to it.
Women with mental illnesses are more stigmatised in Indian society, and many
are abandoned by their spouses and in-laws and sent back to their parents'
homes. This causes them distress and stigma, and it exacerbates their problems
by increasing their risk of developing or exacerbating psychiatric disorders after
marriage.

People have traditionally studied and written on how a person's mental illness
affects their parents, or how a parent's mental illness impacts their kid. In both
the public and scholarly media, the impact of mental illness on a couple's
relationship is frequently neglected.

When a couple's relationship is stressed, the partners start to physically and

emotionally remove themselves from one another. They prefer to avoid one
other, and when they do meet, it's usually tense, resulting in constrained or
superficial talks. As both partners experience an elevated level of dissatisfaction
and despair, the basic quality of working together as a unit to solve mutual
issues is ripped apart.

When one or both spouses suffer from a mental condition, these unpleasant
emotional responses are typically amplified. On a behavioural level, people
prefer to isolate themselves, use drink and drugs to dull painful feelings, and
occasionally engage in extramarital affairs. When marital stress is at its highest,
there is a higher chance of substance abuse, divorce, and male violence.
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DIVORCES IN INDIAN SOCIETY

Marriage is a sacred bond between a man and a woman in India, and their union
is recognised by society as husband and wife. To fulfil their partner's
expectations and complete their marital obligations, the pair must maintain
harmony in their lives with each other. However, the inequity of such
circumstances leads to divorce. Divorce is regarded as one of India's most
serious social issues.

Divorce is becoming more common in modern India, which is impacting many

people's personal and social life. The spouses' family members, particularly
their children, are the ones who are immediately impacted by divorce. Divorce
is the final step in the divorce process. Divorce has a stigma connected to it
when it comes to confronting society, or as some would argue, individuals are
becoming separated more than divorced. It is still a difficult decision to make,
especially for a woman, because our Indian society is more critical of them.

According to research published in 2019, India boasts the world's lowest

divorce rate, with less than 1% of marriages ending in divorce. “In India, 1.36
million individuals are divorced. According to the study, this equates to 0.24
percent of the married population and 0.11 percent of the overall population.
According to statistics, just one out of every 100 Indian weddings ends in
divorce, which is relatively low when compared to the United States, where 50
percent of marriages result in divorce. In India, the divorce rate was
considerably lower in the preceding decade, with only 7.40 marriages dissolved
out of 1,000. Compared to metropolitan India, the divorce rate in the Indian
countryside is significantly lower.

Separation is the most common type of marital breakup, despite the fact that
divorce rates are low. Women face difficulties due to their uncertain legal status
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and lack of rights. Despite the fact that marital dissolution rates in India are
modest in comparison to other cultures, they result in huge absolute numbers: in
2011, more than 4.2 million women (4,225,940) were separated or divorced
across the country, and the figure is likely to have grown since then.

LEGAL HISTORY OF DIVORCE

The notion of divorce was not given much thought before freedom because
marriage was considered a divine concept and an irrevocable bond. However,
the parliament soon felt the need to enact laws related to marriage and
separation, and the Hindu Marriage Act, 1955 was enacted 8 years after the
country's independence. The state of Kolhapur, on the other hand, established
the first marital dissolution legislation in the 1920s. In 1949 and 1952, the
Madras and Saurashtra governments approved statutes that were quite similar.

In terms of religion, India is a varied country, and so divorce in India is linked

to faith or religion. The Hindu Marriage Act of 1955 establishes divorce rules
for Jains, Sikhs, Hindus, and Buddhists. The Muslim divorce rules are outlined
in the Dissolution of Muslim Marriage Act of 1939. The Parsi Marriage and
Divorce Act of 1936 governs divorce rules for Parsi marriages. The Indian
Divorce Act of 1869 applies to Christians. The requirements of the Special
Marriages Act of 1954 apply to all inter-community marriages.

Grounds of divorce as per Section 13(1) of the Hindu Marriage Act, 1955
● Adultery
● Cruelty
● Desertion
● Conversion
● Insanity
● Leprosy
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● Venereal Disease
● Renunciation
● Presumption of Death
● Mutual Consent

Additional grounds on which a wife can obtain the divorce mentioned under
Section 13(2) :
● Bigamy
● Rape, sodomy or bestiality
● Failure of maintenance by the husband
● Option of puberty

RATE OF DIVORCE IN DIFFERENT STATES AND

COUNTRIES
STATES OF INDIA
1. Mizoram- 6.34%
2. West Bengal- 1.02%
3. Gujarat- 0.63%
4. Chhattisgarh- 0.34%
5. Kerala- 0.32%
Source

COUNTRIES

1. France- 55%
2. Spain- 65%
3. Turkey- 22%
4. Mexico- 15%
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5. Colombia- 9%
Source

CAUSES OF DIVORCE
There were fewer causes for divorce in ancient India. However, our society is
always evolving, and with this rapid change have come new and more reasons
for people to want to split. It might be stated that for these reasons, couples find
divorce to be simpler or more convenient. The following are a few of these
reasons:
1. Capitalistic Society: India's society has shifted toward capitalism.
Everyone is in a financial bind. The husband and wife are unable to
devote time to each other as a result of their financial pursuit. They
realise after a while that they haven't bonded with each other as much as
they should have. As a result, they decide to split or divorce in order to
live a better life.

2. Ego (Educational Degree and Money): Education has always been a

critical component of self-development. It was less well recognised that
having more education meant having less marital success. The more
educated and successful a person becomes, the more they think it
acceptable to brag in front of their wives. As a result, an egoistic issue
arises.

3. Lower rate of tolerance: Indians have an innate ability to have a low

tolerance for anything. As a result, husbands and spouses frequently
quarrel. As a result, there is less tolerance for one another, making it
difficult to live together under the same roof.
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4. Unhealthy relationship with in-laws: More individuals are flocking to

major cities in search of work and a place to call home. As a result, there
is less compatibility with the in-laws. Minor conflicts are exacerbated by
an unfavourable connection with the in-laws, which tends to widen the
distance between the couples.

5. Compatibility: In arranged marriages, compatibility is still a major

concern. Husband and wife should be compatible in every way, including
emotional, intellectual, and sexual compatibility. The reason for a
significant proportion of divorces is that the spouses are sexually
dissatisfied. The Supreme Court has ruled that sexual unhappiness is a
viable reason for divorce.

EFFECTS OF DIVORCE
1. Emotionally sensitive: Divorce may bring a variety of emotions to a
family's surface, and the children involved are no exception. Loss, anger,
bewilderment, worry, and a variety of other emotions may arise as a result
of this shift. Children may be overwhelmed and emotionally sensitive as a
result of their parents' divorce. Children require an outlet for their feelings
— someone to talk to, someone who would listen, etc. – and how they
process their emotions may be affected by divorce.

2. Feeling of guilt: Children frequently ask why their parents are divorcing.
They'll search for explanations, fearing if their parents are no longer in
love or if they've done something wrong. These feelings of guilt are a
typical side effect of divorce on children, but they can also lead to a slew
of other problems. Guilt raises blood pressure and can cause melancholy,
stress, and other health issues. Giving a kid context and therapy to assist
them understand their part in a divorce might help them feel less guilty.
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3. Parent-child relationship: When parents divorce, it results in a second

divorce between the parents and their children. The major impact of
divorce (and the parental conflict that accompanies divorce) is a
deterioration in the parent-child connection. Most parents face two sets of
challenges right after a divorce: adjusting to their own intrapsychic issues
and adjusting to their role as a divorced parent. For divorced women, the
stress of divorce tends to impair, if not destroy, the parent-child
connection.

4. Lack of trust: Though children's capacity to trust their parents, good

friends, and others is "strongly linked to positive parent-teen relationships
irrespective of parental divorce," parental divorce makes it more difficult
for children to trust their parents, and "a decline in the connectedness of
the parent-child relationship mediates much of the association between
parental divorce, marital issues, and offspring's emotional health in
adulthood."

5. Various other issues: Following a divorce, the couple may face a loss in
satisfaction, a change in economic position, and emotional issues.
Academic, behavioural, and psychological issues are among the
consequences for youngsters. Youngsters from divorced households,
according to studies, are more prone to display such behavioural
difficulties than children from non-divorced homes.

REASONS FOR INCREASING DIVORCE RATE IN INDIA

In India, marriage is considered a sacrament. And, regardless of the reason,
dissolving this marriage is not regarded as natural. In India, however, the
divorce rate has risen in recent decades. There is a widespread belief that the
rise in love marriages is to blame for the rising divorce rate. Divorce rates are
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rising due to a variety of socioeconomic factors. In India, arranged marriages

are still common. Divorces in arranged weddings are just as prevalent as
divorces in love marriages. The causes for the rising divorce rate in India in
recent years are as follows:

1. Women’s independence: Women's positions have shifted throughout

time. They aren't just housewives anymore. Financially, socially,
physically, and psychologically, today's women are self-sufficient.
Women's advancement continues to be resisted by society. As a result,
even the so-called progressives lose their cool when their wives
outperform them. This is especially true in terms of the financial side.
Men are still unable to comprehend the fact that their women earn more
money than they do. Marriage unhappiness is caused by ego conflicts.
Divorce follows as a result of this. These days, women are willing to
leave a marriage that isn't working for them. The rise in divorce rates has
a lot to do with rising women's independence.

2. Trauma: This encompasses both physical and psychological stress.

Men's physical abuse of their spouses is a long-standing issue. We won't
say there haven't been any incidents of guys being physically abused.
Women, on the other hand, have long been exploited by their spouses.
Domestic violence is one of the leading causes of divorce. Mental trauma
is rarely talked about, but it does play a role in marriage breakdown.
Working women are acceptable to the educated and contemporary cohort.
When it comes to domestic duties, however, they are not willing to share
responsibility. Working women are expected to manage their jobs,
families, and children without the assistance of their husbands. As a
result, women who are in mentally stressful relationships leave.
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3. Relation with in-laws: Almost 68 percent of married couples choose to

live with their parents. Marriage in India is said to be a family affair.
While families might assist to keep a marriage together, they are also the
source of divorce in many situations. Divorce is frequently the result of
deteriorating relationships inside the legal system. The relationship
between the mother-in-law and the daughter-in-law is the most prevalent
reason. Marriages end when relationships deteriorate and become toxic.
Excessive participation from a girl's family has ended in divorce in
numerous situations.

4. Dominance: Today's women are financially, psychologically, physically,

and socially self-sufficient. In order for women to have a say in their
relationships, they must have a choice and a voice. However, there is still
a sense of power. All key decisions are still made by the family's
patriarch. Whether it's for childcare, expenditures, a relationship, or
something else entirely. As a result, when a woman feels dominated, she
will leave her marriage. Men are in the same boat as women. Divorce is
frequently the result of a manipulative grasp on women. Marriages in the
modern day strive towards equality. When this isn't the case, marriages
fall apart.

5. Adultery: Extramarital affairs are extremely prevalent. However, just

because something is widespread does not mean it is correct. Women
used to let their husbands handle their affairs since they were reliant on
them. Divorced ladies were not accepted in society at the time. Even now,
not much has changed. Nowadays, though, couples would rather abandon
their marriage than prolong it. The number of women who cheat on their
relationships is just as large as the number of men. So, in any case,
anyone can leave a marriage if the other party is taken off guard.
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6. Lack of communication: Many modern marriages fail simply because

both partners become increasingly distant over time. The quality of a
marriage suffers as a result of daily living. Instead of resolving the
difficulties, spouses end the marriage due to a breakdown in
communication. In marriage, communication is said to be more vital than
love. Those who are aware of it should protect it. It is possible to
determine the root reason of marriage breakdown. That is to say, the
majority of marriages dissolve due to irrational causes. Marriage, like
every other relationship, takes effort. When the attempts are no longer
made, the relationship dies.

NEED TO NORMALISE DIVORCE IN INDIA

With divorce, it's possible to have a love/hate relationship. Most individuals
believe it may be beneficial, but others believe it is one of the most difficult
challenges they have faced. Divorce, in the vast majority of instances, may
improve your life and the lives of your family members. It's often preferable to
let go of things that are damaged beyond repair rather than waste time
attempting to fix them.

After a divorce, families all over the world enjoy a range of beneficial
outcomes.

1. Creating a healthier household: Not just the couple suffering with ups
and downs, but one’s entire family will be strained by an unhealthy
relationship. When he/she is with someone they don't like, everyone in
one’s house can sense the tension and stress that builds up. Even though
one is frightened of being alone for the first time in years, it is preferable
to deal with a little period of sadness and grief—especially if one has
been carrying a lifetime of bitter anger.
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2. Being a positive influence on children: Children are far more intelligent

than they are given credit for, especially when it comes to sensing the
impact of the emotions around them. When a person and his/her partner
are unhappy, the children will be able to tell, and the last thing one want
is for them to believe they should settle for anything less than happiness.
As a parent, it is his/her obligation to provide a good example for their
children, therefore getting a divorce may be the greatest approach to teach
them that they deserve happiness in life.

3. Improving one’s physical health: Strenuous relationships, no matter

how one looks at it, are major contributors to poor health. As previously
said, a poor relationship may be extremely stressful, and his/her body can
only take so much. Chronic stress, in fact, has been linked to signs of
premature ageing, cancer, heart disease, and mortality. As a result, it's
critical to keep one’s mind in good shape so that one can keep your body
in good shape.

4. Becoming more self-aware: There is no greater event in one’s life to go

through than divorce if one is interested in learning more about yourself.
One will finally be able to comprehend what one requires in order to be
joyful. Instead of being dragged into the overwhelming sensation of
attempting to keep a broken relationship together, ex-spouses may focus
on their own needs and the needs of their children. Divorce will also
provide one with exceptional coping abilities, which will prepare one for
a variety of future circumstances. One'll finally know what one needs in
life, how much suffering one can endure, and how to stay away from
poisonous relationships.
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5. Feeling confident once again: No one deserves to feel bad about

themselves for a period of time in their lives. It's emotionally draining,
difficult, and unpleasant to be married to someone one despises. When
one is able to remove a bad influence from one’s life, one will be able to
see all of the positive aspects of oneself, which will undoubtedly help one
regain one’s confidence. One'll also gain confidence in one’s own
strength since one'll have the courage to quit this horrible relationship. It's
time to stop feeling exploited and worthless and start feeling powerful.

6. One gets to love yourself: Due to the numerous duties that one must
complete around the house, one may find it difficult to exercise or even
prepare nutritious meals. One entirely forgets about oneself and are just
concerned with one’s family, yet one’s marriage is not joyful. The divorce
will reduce the number of tasks one has to do, allowing one to devote
more time to oneself.

Families still trust couples to take their marital issues to the local priests or
panchayats in their villages, despite the fact that couples counselling and
marriage counselling are still developing in India. And it's widely accepted that
being dissatisfied in a marriage is natural. Having a kid is the next best solution
to the problem.

The painful fact is that Indian families would sooner mourn the death of their
daughters-in-law than allow two individuals to divorce and live peacefully
together, just because they are frightened of the question 'Log kya kahenge?'

It's no surprise that in traditional Indian society, divorce is still regarded as

taboo and strange. For the same reason, even if it means going against their
desire, parents nevertheless want their children to have an arranged marriage.
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Financial position, caste, social standing, family pride, and prestige are all
important factors. Despite the numerous flaws, we still want to show to the
outside world that, exactly as in Sooraj Barjatiya's family drama, 'Hum Saath
Saath Hain,' We want to appear morally upright and just, even though our reality
is skewed and veering toward immoralities that aren't spoken since everything is
fair in family and marriage.

We are building links that bind and gag us in our efforts to develop meaningful
familial relationships. Because, even in 2021, when divorce is a right provided
equally to men and women, society would prefer to see a married miserable pair
than two happy individuals living separately.

Because our culture prefers to do "the right thing" above allowing two people to
live happily on their own terms.

BIBLIOGRAPHY
1. Divorce - Wikipedia
2. 6 Reasons for Increasing Divorce Rate in India - Cupid Knot
3. Why Is Society Scared Of Divorce (scoopwhoop.com)
4. Impact of divorce on the mental health of the couple - GRIN
5. Divorce in India : Recent Trends and Developments – Lex life India