Why Divorce Rates Are Increasing In India: A Socio-Legal Analysis
- IJLLR Journal
- Apr 24
- 1 min read
Arya Mahale, KES' Shri. Jayantilal H. Patel Law College
ABSTRACT
In India, marriage has always been viewed as traditionally endured and sacrosanct institution. However, in recent years, India has significantly witnessed the rising trend in divorce rate, especially in urban areas. This paper highlights socio-legal analysis and factors contributing to this trend.it examines factors like urbanisation, Communication failure, Changing Role and Status of Women economic independence, Shift in the Role of Marriage changing gender roles, Impact of Education and Awareness, Impact of Technology and social media and Shifts in Lifestyles. The paper also presents legal perspective, some of the key legislations like the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Indian Divorce Act, 1869, along with landmark judgements that expands the scope of divorce. The paper concludes by giving an idea that divorce should not be viewed solely as a breakdown of traditional values but as a reflection of growing individual autonomy, individual legal rights. It also advocates balanced legal and social response that safeguards both the integrity of marriage and the dignity of individuals.
Keywords: Divorce in India, Socio-legal analysis, Urbanisation, Women’s empowerment, Mutual consent divorce, Mental cruelty, Marriage laws, social change.
