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Divorce in India: A Philosophy of Perceptions





Anaya Mapari, Bharati Vidyapeeth Deemed to be University, New Law College, Pune


ABSTRACT


This article talks about how the Constitution of India provides a base for all other laws, including the Hindu Marriage Act of 1955. Despite the cultural diversity in India, the Constitution has managed to form laws for all religious, cultural and social groups. This article also establishes the relationship between marriage and divorce by explaining an excerpt from a book written by the renowned sociologist Pierre Bourdieu. He talks about how people do anything to keep their marriage intact, by using unethical ways to keep their legal bond alive. It also signifies the importance of Hindu Marriage Act, 1955 and its provisions for seeking divorce that are mentioned in Section 13 of the bare act. This article also signifies that certain marriages can also be saved by using the counselling method. It has a formal procedure and should be followed by all counsellors. This effective method is said to save 90% of marriages of couples that seek separation, or in extreme cases, divorce. It is crucial for us to understand the theory as well as practical approaches to divorce because theory in turn defines what practical aspect should be used. For instance, here, Section 13 of the Hindu Marriage Act of 1955 is the theory, and Steps of Counselling is the practical approach.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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