Essay On Divorce

Essay On Divorce-17
It is only when two years have elapsed since the date of marriage a petition for divorce may be made.But to start with, one gets only judicial separation for two years during which one may try to reconcile with his/her partner.Judicial separation means separation from bed and board.

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A change in norms and values has affected the marital bond among the Indians.

It may be mentioned that the social stigma attached to divorce has been considerably reduced. Change in attitudes towards divorce is a part of the process of secularization in Indian society.

Hindu marriage is regarded as sacred because it is a bond of indissoluble nature.

In any society when the married persons feel that they cannot live together, they have no other alternative but to dissolve the marriage. As far as Hindus are concerned, the bond of matrimony was regarded as permanent bond and dissolution of marriage was generally not regarded as proper. Keeping this in view, Manu says that the husband and the wife should always treat each other in such a manner that no occasion may arise for them to separate from each other.

Kapadia has remarked, “The principle of divorce is alien to the social pattern in which Hindus have been living for centuries.

It is quite understandable for men not to understand.These legislations provided grounds for divorce and made divorce considerably easier.Changes in value attached to marriage and conflict are important for explanation of marital breakdown.Madras and Saurashtra Government passed similar Acts in 19 respectively.Madras Hindu Bigamy Prevention and Divorce Act of 1949 prohibit bigamy and provide divorce for Hindus.According to Narada, if a woman finds that her husband is devoid of manliness and virility, she has to wait for six months and after the lapse of this period she can choose another husband. In case the wife has an issue from the lost husband, then she has to wait for double the period.According to the Smritis, there are five cases in which the wife is allowed to have second husband. Kautilya permits the woman to abandon her husband if he has bad character, if he is out for a very long time or if he has become a traitor or if he is likely to endanger her life or if he has lost his virility. A divorce can be obtained where there is hatred or enmity between the husband and the, wife.Divorce is a process through which marital bond ceases to be in existence as per law and the couple can no longer be called the husband or the wife.Divorce allows the couple to come back to the status as if they are not married. Divorce means the dissolution of marital relations, rights and obligations.‘The overthrow of their long and firmly organised control of women’s sexual conduct”.It is thus clear that the classical Hindu thinkers allowed divorce in certain special conditions.

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