Grounds For Divorce - Need For Reform
- IJLLR Journal
- Dec 11, 2023
- 1 min read
Kashish Khanna, IILM University, Gurugram, Haryana
ABSTRACT
Divorce was regarded as one of the uncommon social phenomena in India a few years ago. Rigid limits enforcing traditional Indian life started to give way to a new attitude and way of life as modernity and technological advancements began to reshape society. When women began to work, it created a momentum that intensified gender incompatibility due to the shift in women's status. The altered situation in India also includes shifting demographic settings from rural to urban areas, a move from nuclear to extended families, and the option to choose a spouse independently of an arranged union. In today's culture, the belief that leading an independent life is preferable to maintaining a marriage in terms of one's own well-being is the reason behind divorce. 1In India, practically every religion has its own divorce rules that are followed by members of the same religion. Marriages between members of different castes or religions are governed by different laws. Hindu (includes Jains, Buddhists, and Sikhs): 1955's Hindu Marriage Act of 1939 for the Dissolution of Muslim Marriages Christians: 1869 Indian Divorce Act The 1936 Parsi Marriage and Divorce Act. This paper shall focus on the Hindu and Muslim personal laws, their grounds for divorce and suggested reforms against discriminatory grounds. It shall answer the questions that are:- Are the grounds for divorce prevalent today unchallengeable? Do they require reforms? What are the possible solutions to the issue?
Keywords: divorce, marriage, demographic, longevity, religions, union, incompatibility etc.