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Grounds For Divorce - Need For Reform




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.

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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