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.
