Divorce in India
By: Vikas Gupta | Posted: 21st March 2011
There was a time when one out of a hundred marriages used to end in a divorce, in India. This was one of the lowest divorce rates in the world and definitely much better when compared to countries like the UK, when one out of three marriages ended in a divorce. Recent findings say that divorce rates in India have been rising alarmingly. In the capital city of India, Delhi, the divorce rates have literally doubled over the past five years. In one of the most hi-tech cities of India, Bangalore, the divorce rates have tripled in the last four years. These are pretty shocking statistics, given the fact that India used to be one of the most traditional countries of the world.
New-Found Independence
Women these days are more independent and are not compromising it for the traditional views of Indian men. These days, women are more educated, earn by themselves, have the power to spend money and know their rights this is one of the main reasons why they are not willing to adjust in the same old rut that have been followed since centuries. People now are far more ambitious than what they used to be a decade back. With rising opportunities and better choices, they want to fulfill and achieve as much as they can, even at the cost of their families. This leads to less bonding between couples, which further leads to maladjustment and coldness. The only easy solution that is visible after this is divorce.
Lack of Adjustments
Compromise and adjustment is the keyword in any relationship, be it friendship or marriage. Even parents and children compromise for each other. But when it comes to the spouse, both husband and wife are adamant. This kind of an attitude will only lead to degeneration of relationships rather than make a worse situation better. Though the divorce law states that divorce can be attained on the proven grounds of adultery, desertion, cruelty, impotency and chronic disease, these days, people are seeking divorce for minor squabbles.
Grounds for Divorce in India
As per the Hindu Marriage Act, divorce can be obtained on the grounds of Adultery, Cruelty, Desertion for two years, Conversion in Religion, Unsound Mind of Partner, Venereal Disease and/or Leprosy inflicted Partner and Rape, Sodomy or Bestiality by Husband. In case the couple has filed for divorce on any other reason and has not resumed co-habitation for one year after the decree of judicial separation or has not resumed conjugal rights for one year after decree for restitution of conjugal rights, divorce will be granted by the court.
Divorce Lawyer Procedure in India
A man or a woman can file for divorce in the court, on the grounds mentioned above. In case, the divorce is on mutual consent of wife and husband, they can file a petition for the same under Section 13B of the Hindu Marriage Act. However, for getting a divorce, it is necessary that husband and wife should have lived separately for at least one year. The divorce petition has to be filed either at the place where the couple last resided or where their marriage was solemnized.
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