1

REASONS FOR

RISING RATES OF DIVORCE

IN INDIA
 2

REASONS FOR

RISING RATES OF DIVORCE

IN INDIA

SUBMITTED BY - Abhigya Verma

81002140053

Roll no. - A057

SUBMITTED TO - Ms. Kaushalya Rajpurohit

Date - 11.08.2014

Time - 12 : 30 p.m.
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TABLE OF CONTENTS
Page No.

1.Introduction...................................................................................4 - 6
i). Overview...................................................................................4
ii). Objective..................................................................................5.
iii). Limitations...............................................................................6

2.Literature Review and Statistics................................................ 7 - 12

i). Literature review........................................................................7
ii). Statistics.....................................................................................9

3.Discussion Methodology.............................................................12 - 22
i).Shortcomings of the current law.............................................12.
ii). Marriage Laws Amendment Bill............................................16.
iii) Adoption of Western Culture..................................................20

4.Conclusion..........................................................................................23

5.Suggestions.........................................................................................25

6.Bibliography.......................................................................................26
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INTRODUCTION

OVERVIEW

The heavens may be handling the rush of marriages, but back on earth, it's the family courts that
are working overtime to dissolve marriages that have hit the relationship roadblock.

The term marriage refers to the social and legal institution of two souls. 1Hindu marriage is a
sacred and indissoluble bond which joins two individuals for life, so that they can pursue dharma
(duty), artha (possessions), kama (physical desires), and moksa (ultimate spiritual release)
together. The man and wife are considered one entity and are enjoined to secure these aims as
one person. The marriage also joins two families together.

2
Marriage according to the Hindu Law, is a holy sanskaar(sacrament) and not a contract unlike
Muslim Law. The maxim conjunctic martitet preminae est de nature means that to keep
husband and wife together is the law of nature and the maxim viret unor consentur in lege una
pensona means that the husband and wife are considered one in law.

The philosophical context of marriage which includes its moral status and moral obligations is
glaringly foregrounded. It is a social institution of two souls which involves promise,
commitment and vows. But in the current scenario the real meaning of marriage is ignored.
Today, ones sole focus is money and power. This era of transformation, globalization and
industrialization has eroded the deep rooted roots of the ancestral values, ethics, morals and
traditions. The word culture has been substituted by the word civilization and joy by fun and
pleasure. Today the vows of marriages are not promises but mere attempts of fulfilling promises.
Marriage has become a hit and trial method of making one the most important decisions of ones
life, that is, choosing his/her life partner. Todays marriage is against morality and religion.

Divorce means the termination of marital relations. It means dissolution of the marital bond.
Technically speaking, divorce means a decree of dissolution of marriage. Divorce is a process
through which marital bond ceases to be in existence as per law and the couple can no longer be

1
Wikipedia Marriage in Hinduism (http://en.wikipedia.org/wiki/Marriage_in_Hinduism)
2
The Hindu Marriage Act, 1955 (25 of 1955)
 5

called the husband or the wife. Divorce means the dissolution of marital relations, rights and
obligations.

The divorce rates in India are up. They are continuously rising, whether it is the educated, the
advanced or the so called civilized population of the metropolitan cities such as Mumbai and
New Delhi or other semi urban and urban areas. Statistics show that there has been a colossal rise
in the divorce applications throughout India.

OBJECTIVES OF THE RESEARCH -

Focus of this research is to determine the current and future legal and psychological reasons for
the rising divorce application rates in India. These are as follows

1. Shortcomings of the current law i.e. The Hindu Marriage Act

2. The Marriage Laws (Amendment) Bill, 2010, Rajya Sabha
3. Adoption of the Western Culture

These are discussed below in brief:

1. SHORTCOMINGS OF THE CURRENT LAW -

This research deals with the terms and provisions in the Hindu Marriage Act that have always
been confusing and controversial. Terms like 3Cruelty and 4Living Separately are poorly
defined and hence often misused. They form an easy basis for filing and application for divorce.
Therefore a large number of flimsy divorce applications are filed on the basis of these two terms.

Furthermore, the Provision of 5Divorce by Mutual Consent is the fastest way of obtaining
divorce decree in India. Majority of divorce cases in India are filed under Mutual Consent of the
husband and wife.

2. THE MARRIAGE LAWS (AMENDMENT) BILL, 2010, RAJYA SABHA-

The Rajya Sabha approved the introduction of the Marriage Laws (Amendment) Bill in June of
2010 to further amend the Hindu Marriage Act, 1955. It will come into effect from December of

3
Section 13 (1) (ia) of The Hindu Marriage Act, 1955
4
Section 13B (1) of The Hindu Marriage Act, 1955
5
Section 13B of The Hindu Marriage Act, 1955
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2014. 6{It amends Section- 13B (Divorce by mutual consent). This Bill will further simplify the
process of granting divorce and thus will lead to further rise in divorce rates. It also introduces
the concept of irretrievable breakdown of marriage by adding another Section (13C). This
concept (Irretrievable Breakdown) is being introduced to assist women to make the divorce
process swifter. The concept of Irretrievable breakdown of marriage can be misused to a large
extent by both the parties.}

3. ADOPTION OF WESTERN CULTURE-

The stigma against divorce is fading. The kids these days aren't alright: they want
more, compromise less often, and are quick to take the easy way out. Women in India have
started earning a living and have become self-dependent. They can make their own decisions and
do not need to depend on anybody including their husbands for a house, clothes, food etc. So
now if a woman is unhappy or mistreated by her husband, she can just leave. This is what
happens in every developed country like the United States, UK, and Sweden etc. In earlier days,
in spite of existence of disparity between spouses, either of the two was expected to compromise
with the other so that their marital bonding survives. Now marriage seems to indirectly imply a
legally and socially accepted prostitution. Therefore the adoption of Western Culture and the so
called Fast Life has led to an increase in the divorce rates in the past few years.

LIMITATIONS

The research is based on secondary data and statistics.

It also fails to establish a proper remedy or solution for the given problem.
The facts and assumptions mentioned in the research are often contradictory.
The research fails to refer any case laws under the sub-topic of rising rates of divorce due
to adoption of the western culture.
Moreover the research solely focuses on the reasons for the rise in divorce rates in India
and not whether the reasons are good or bad. For example giving a part of assets to the
wife after a divorce decree (As given in the Hindu Law Amendment Bill) is a good
motion. But the research will only deal with the part that how it may lead to the rise in
divorce rates in India.

6
Chapter II The Marriage Laws (Amendment) Bill, 2013
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LITERATURE REVIEW AND STATISTICS

LITERATURE REVIEW

A). ON SHORTCOMINGS OF THE CURRENT LAW

Rajesh Kumar (Advocate, Ghaziabad)

He believes that marriage in present social and legal system is merely a tool to enslave men, rob
him of his income and property and torture him and his family through false cases. He believes
that the State is responsible for the above mentioned conditions because of its ambiguity in the
Provisions of the Hindu Marriage Act.

Sachin Jog (Dombivli)

He believes that Men, those not in power positions, have always been exploited, used and
terrorized by the society. On one hand there are ambiguous terms such as Cruelty and Torture
that ruin the lives of men on a mere complaint thats uninvestigated and unverified and on the
other hand, the same men are expected to slog like donkeys to feed their own enemies who
complain against the man if he does not serve them. And any man who does not wish to do so is
called the criminal! And, we call it a civilized society!

B). ON THE MARRIAGE LAWS (AMENDMENT) BILL, 2010, RAJYA SABHA

Amit Deshpande (Activist)

He is not in support of the Bill. He is of the view that the bill would hardly empower women as it
is 'wife-friendly', not 'women friendly'. He says that the Bill takes care of the wife but not the
husband's mother or sister. The proposed law may be misused by the women just like the Anti-
Dowry Law. He thinks that women will use it for financial gains.

Save India Family Foundation survey

According to a Save India Family Foundation survey, divorce cases increased in countries such
as Australia and China after similar laws were passed. India can face the same situation if this
Bill is cleared.
 8

Ranjani Kumari (Woman Power Connect)

She believes that such law will be welcomed first. She thinks the society to be a patriarchal one
in which the decision to break a marriage largely rests with the man. He can also prove easily
their irretrievable breakdown to suit himself. Moreover, most marriages in India are arranged
marriages where the woman has no say. So before deciding to make this major change in the
law, considerable thought needs to go into it and we must act with caution.

Kavita Chowdhury (Mail Today, New Delhi)

Amendment in Section 13B will make divorce made easy for incompatible couples. The Bill
would provide safeguards to parties to marriage who file petition for grant of divorce by consent
from the harassment in court if any of the party does not come to the court or willfully avoids the
court to keep the divorce proceedings inconclusive. But this Bill will not allow the person to
bring reforms in his/her personality and will lead to increase in the number of divorce cases as it
helps one party to obtain a swift divorce.

Jyotsna Chatterji (Director of the Joint Women's Program)

He believes that the Bill will make it possible for couples who have decided on divorce by
Mutual Consent to be granted swift divorce, hence increasing the divorce rates.

Geeta Luthra (Divorce lawyer, Delhi)

She said that she receives many queries about the Bill every day, both from men and women.
She says that there will be further amendments to the Bill, as it is discriminatory to men

Madhu Kishwar (Manushi Women's Rights Group)

She welcomes the move but adds a note of caution. What if one partner feels there is an
irretrievable breakdown of the marriage but the other does not?

C). ON ADOPTION OF WESTERN CULTURE

Dr. Shyam Bhat (Realation Expert)

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He says that, nowadays, divorces are commonplace and there's no social stigma around it,
especially in urban centers. According to him, the gender roles have evolved tremendously and
rapidly, and both the man and the woman increasingly want to inhabit a more egalitarian society.
The joint family system of the past afforded more time to a husband and wife to iron out their
issues and differences. The child was unaffected because he had others in the family to fall back
on. These days, we live in nuclear set-ups, where, more often than not, both the wife and
husband are stressed out. Their lifestyles entail high stress. This leads to lack of love for each
other giving rise to differences between them.

PS Dinesh Kumar (Civil Lawyer and Meditator)

He is of the view that most couples today, are working. Their timings do not match. There is a
lack of interpersonal communication. Most couples file for divorce with incompatibility as
their problem.

STATISTICS

7
For every 1,000 marriages that take place in India, there are 11 marriages that fail or end
up in a legal separation. This means 1 out of every 100 marriage ends up in a divorce in
India. These rates were much lower in 1990. In 1990, there were only 7.40 marriages which
failed per 1,000 marriages. Even in case of villages, the divorce rates are extremely low
when compared to the urban regions. In urban areas, the rates of divorce are getting higher
and higher with time.
DELHI UPDATES

1960's - 1-2 divorce cases per year

1980's - 100-200 divorce cases per year
1990's - 1,000 divorce cases per year
This decade (2000 - A great jump to 9,000 divorce cases per year

MUMBAI UPDATES

7
http://www.divorcepad.com/rate/divorce-rate-in-india.html
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In 2007, almost 7,000 divorce cases had been filed in the family courts of Mumbai. This
number was expected to rise to 7,200 by the end of that year. This figure stands at 60%
more than the divorce cases filed in 2005. 70% of the divorce cases were filed by
individuals in the age group of 25-35. 85% of the marriages ended in divorce in the first
three years of marriage.

8
During a symposium organised by Padma Clinic and Nursing Home on Marriage and
Divorce for psychologists, T C S Raja Chockalingam, Additional Principal Family court
Judge, highlighted that divorce rate is climbing rapidly. Every city, from Delhi to Chennai,
and every class of society is being affected by it. Interestingly, about 5-10 cases both
divorce and alimony are being filed every day in the family court and over 5,000
divorce cases are still pending, he said.

9
Around five years ago, the ratio was one divorce per 1,000 marriages in India, and today
statistics indicate that there are 13 divorces for every 1,000 marriage. The pressure of the
modern workplace has made a bigger difference in the lifestyle of techies. India still has a
low divorce rate, with about one in 100 marriages collapsing, according to recent studies.
But the courts are now seeing so many new cases that the government has proposed making
divorce easier and faster, in line with other countries. Theres been a 100 percent increase
in divorce rates in the past five years alone. They dont want to put more efforts into a
relationship to fix the issues.

10
A survey states that over the past four years the divorce rate in Delhi, the capital city of
India has almost doubled and is projected to be 12000 by the year 2008. In 2006,
Bangalore, the IT hub of India it was recorded that 1,246 cases of divorce were filed in the
court that pertain to the IT sector exclusively. It has been estimated Mumbai has shot up to
4,138 in 2007 while cities that are acknowledged for their cultural richness and social
values like Kolkata and Chennai, are no less behind. Agro based states like Punjab and
Haryana are now seeing an increase of 150% of divorce rate since the last decade. Kerala,

8
http://ibnlive.in.com/news/divorce-rates-are-skyrocketing-in-indian-cities-too/297338-60-120.html
9
https://ramanan50.wordpress.com/tag/divorce-statistics/
10
http://www.indidivorce.com/divorce-rate-in-india.html
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known to be the most literate state has experienced an increase of divorce rate by 350% in
the last 10 years. But based on the increasing number of divorce being filed today, the
divorce rate in India is expected to rise up at a faster rate by the ensuing year.

11
"In the last three months, 1937 divorce cases have been registered in family courts across
Kerala, which is quite high when compared to the national average," says Arun, a staff
member of the Kerala Women's Commission cell.
Number of divorce cases-
January 2012 - December 2012 (6531)
January 2013 - March 2013 (1937)

12
The past one year has witnessed 43,000 divorces across the country. However, owing to
the awareness relating to mens rights nationwide, the number of divorce by mutual
consent has also gone up. Today, statistics shows 60 per cent of the divorces are by mutual
consent.
Among states with the highest number of divorces, Maharashtra topped the list in the past
year, accounting for nearly 20,000 cases, with Mumbai and Pune alone accounting for
15,000 of them, while the remaining were reported from Nashik, Aurangabad and Nagpur

11
http://timesofindia.indiatimes.com/life-style/relationships/man-woman/1937-divorce-cases-in-Kerala-in-three-
months/articleshow/19476230.cms
12
http://www.rediff.com/news/report/maharashtra-tops-nation-in-divorce-cases/20120330.htm
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DISCUSSION METHODOLOGY

SHORTCOMINGS OF THE CURRENT LAW

A. Section 13(1)(ia) of the Hindu Marriage Act deals with the term Cruelty as ground for
divorce. But this section does not define the term cruelty. Thus taking the advantage of the
ambiguity of the term a large number of divorce applications are filed, most of them flimsy
and fake.
Shobha Rani vs. Madhukar Reddi13

Shobha Rani a post-graduate in biological sciences married Madhukar Redi a medical Doctor
on December 19, 1982. Soon after their relations got bitter and the wife file an appeal for
divorce against the husband on the ground of cruelty. She stated that the husband had demanded
dowry from her.

The Trial Court rejected the appellants case. The case was rejected on the ground that there
was an absence of satisfactory evidence which proved that the acts of the husband amounted to
any cruelty or harassment. Her case was also rejected by the High Court and it held that the
Appellant i.e. the wife was hypersensitive and imagined too much and too unnatural things. It
also averred that the demand for money had to be viewed from a proper angle and that there was
nothing wrong from the side of the respondent to ask his rich wife to spare some money.

Thus we see an example of the sham case which had no grounds but was filed taking the undue
advantage of the misleading word cruelty. This is how a number of cases are filed taking Cruelty
as a ground. These cases also lead to the bitterness among the spouses and ultimately carve a
way out in the form of irretrievable breakdown of the marriages. Thus this leads to the rise in
divorce applications.

The following case reveals another aspect of cruelty. In the case the continuation of marriage
itself amounts to cruelty and thus ultimately leads to the irretrievable breakdown of the marriage.

13
1988 AIR 121 1988 SCR (1)1010;1988 SCC (1) 105 JT 1987 (4) 433;1987 SCALE (2)1008
 13

Dr.Vimla Balani vs. Sh.Jai Krishan Balani14 on 17 December, 2008

The marriage between the parties was performed in the year 1956. Since 1968 the parties had
been living separately and thus there had been no cohabitation between the parties. The Court
ruled out that there was no love remaining between the parties and there was a complete loss of
trust and faith. There is a complete breakdown of the marriage and marriage between the parties
has broken down irretrievably and it cannot be said alive. The Court had also made several
efforts to reconcile but all went vain. The Court in its decree stated that since that marriage
between the parties has broken down and there is no chance of it being retrieved, the
continuance of such marriage, would itself amount to cruelty and as such the respondent is
entitled to a decree of divorce on the ground of cruelty as per Section 13(1)(ia).

Cruelty may be mental or physical, unintentional or intentional. If it is physical, as happens in

most of the cases, the Court does not face much difficulty in determining it. It has always been a
question of fact and degree. If it is Mental Cruelty, the problem creates a difficulty. The
following case is an example of mental cruelty where a mere statement led to the divorce
between the two parties.

Yogesh Chandra Joshi vs. Munni Joshi15

The husband lodged a First Information Report (F.I.R.) against the wife alleging that the wife
had insulted (Statement being vulgar and unethical not stated) the husband and his mother in
front of friends and relatives. The F.I.R. was filed under section 498A/323/506/308 I.P.C. The
petitioner had to remain in the jail in connection with the said case.

The court held that the utterances of the wife regarding the husband and his mother certainly
constitute the mental cruelty to the husband and cannot be set aside lightly. Considering the
economic status of the parties and facts and circumstances of the case the Court ruled out that it
is just and proper to pass the conditional decree of divorce by directing the husband to pay a
lump sum permanent alimony of Rs. 6 Lakhs to the wife within a period of three months.

14
App. No. 17/2008 & CM Nos.2123, 2124, 8621 & 4947/2008 % Judgment reserved on: 25th November,
2008 Judgment delivered on:17th December, 2008 Dr
15
2011 (1) UAD 354,Uttarakhand High Court
 14

Like the term Cruelty is misused because of its unclear meaning, the term Living Separately is
also used to obtain the decree of divorce. Living separately does not mean that living in separate
houses. It can be seen in the following case:

16
Smt. Rupali Singh and another
The facts of the case are that the marriage between the appellant No. 1 and appellant No. 2
was solemnized on 16-2-2002 at Bhopal. After living for a short span of time together the
husband and wife realized that they could not sustain the relationship and the incompatibility
had come to such incurable state that it was thought wise to seek divorce by mutual consent.
They filed a joint application seeking dissolution of marriage and obtainment of a decree by
mutual consent on 3-9-2004. The family Judge directed the parties to remain personally
present on 9-3-2005 and both of them stated that they have been living separately from
December 2003. The requisite condition stipulated under Section 13B(1) of the Act was not
complied with inasmuch as they were living separately for less than one year. In the affidavit
filed by the wife it has been stated in clear cut terms that there has been no resumption of
co-habitation while they were living together and they are not discharging any marital
obligation and the marriage between them has broken down irretrievably.
Thereafter, in paragraph 9 'living separately' for a period of one year was interpreted
and the Apex Court held as The expression 'living separately', connotes to our mind not
living like husband and wife. It has no reference to the place of living. The parties may live
under the same roof by force of circumstances, and yet they may not be living as husband
and wife. The parties may be living in different houses and yet they could live as husband and
wife. What seems to be necessary is that they have no desire to perform marital obligations
and with that mental attitude they have been living separately for a period of one year
immediately preceding the presentation of the petition. Thus a decree of divorce was granted
.
B. 17Divorce by Mutual Consent has also been a much debatable topic. Divorce by Mutual
Consent means when both husband and wife have agreed amicably amongst themselves that
they cannot live together anymore and that the best solution is to divorce, without putting

16
AIR 2005 MP 203=2005 (4) MPHT 205.
17
SECTION 13B of Hindu Marriage Act, 1955
 15

forth any allegations against each other, in the court of law and present the divorce petition
jointly. It is the fastest way to dissolve a marriage in India. Its existence in The Hindu
Marriage Act has always been questioned since marriages in Hinduism are considered a holy
bonding between two souls. Moreover Indian society is based on traditions and ethics.
Marriage is not a contract that it should be dissolved just because the ideology and beliefs of
the spouses do not match any more. It makes divorce an easy way out of marriage.

Couples living and working in cities and metros are exposed to more economic and
relationship options, which prompts them to break out of unsatisfactory or unequal
marriages. Today a person has everything instead of time; therefore every one wants a short
procedure of divorce.

The procedure for filing for divorce under mutual consent is quite simple. But it is necessary
for the husband and wife to have 18lived separately for at least one year. It is considered to
be the fastest way because parties can get divorce in six months only and can be shortened if
the parties are living separately since long time span. Both the parties have to file a petition
supported by affidavits in the Court of Civil Judge Senior Division known as the First
Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both
partners present in Court, that due to their irreconcilable differences, they can no longer stay
together and should be granted a divorce by the court. After six months, the Second Motion
Petition for Mutual Consent Divorce should be filed by the couple and they are required to
reappear in the court. A gap of six months is given between the two motions, so as to offer
the estranged couple adequate time to reconsider their decision of dissolving their marriage.
After hearings from the husband and wife, if the judge is satisfied that all the necessary
grounds and requirements for the divorce have been met, the couple is granted a mutual
divorce decree.

However, if either party withdraws the divorce petition within 18 months of the filing of the
First Motion Petition, the court will initiate an inquiry. And if the concerned party continues
to refuse consent to the divorce petition, the court will no longer have the right to grant a

18
SECTION 13B (1) The Hindu Marriage, Act
 16

divorce decree. But if the divorce petition is not withdrawn within the stipulated 18 months,
the court will pass a divorce decree on the basis of mutual consent between both parties as
happened in the following case:

Ashok Hurra Vs Rupabipin Zaveri:19

The marriage took place in 03.12.1970. On 30.06.1983, the wife left the matrimonial home
and the couple started living separately. On 21.08.1984, joint petition for divorce was filed
under section 13-B of The Hindu Marriage Act. It was signed by both the parties and both
of them appeared before the court. It was averred that parties simply sought a decree of
dissolution of the marriage by mutual consent.
On 04.04.1985 husband alone moved an application praying for passing o a decree of
divorce. The wife was noticed. Hearing of the case commenced on 15.04.1985,
subsequently the case stood posted to various dates. Adjournments were made jointly by
the advocates appearing for the parties on the ground that talks of compromise/settlement
between the parties were going on. On 27.03.1986 wife filed an application withdrawing
her consent for divorce. On 09.04.1986 husband filed an affidavit that the wife has no right
to withdraw the consent after 18 months. Taking into cumulative effect of the various
aspects in the case the Supreme Court passed the decree of divorce by mutual consent
under section 13B of The Hindu Marriage Act.

THE MARRIAGE LAWS (AMENDMENT) BILL, 2010, RAJYA SABHA

The amendment seeks to

i). introduce the irretrievable breakdown of marriage, as a basis for couples to seek divorce.

ii). waive or reduce the cooling-off period, or mandatory waiting period before divorce can be
granted, which can be six to 18 months

iii). introduce that the women will get share in husbands' property after the divorce.

19
AIR 2006 P H 201, (2006) 143 PLR 851
 17

All of the above provisions, some or the other way, will result in the increase of divorce
applications.

A). Irretrievable Breakdown of Marriage20

It is the situation that exists when either or both spouses are no longer able or willing to live with
each other, thereby destroying their husband and wife relationship with no hope of resumption of
spousal duties. This provision of the Bill will largely be responsible for the increase in divorce
cases. It will become the fastest and the easiest way for divorce. It will destroy all the social
traditions, values and ethics which a marriage encompasses.

Example of irretrievable breakdown of marriage:

V.Bhagat Vs D.Bhagat21

The husband sued for divorce on the ground that the wife was guilty of adultery. The wife denied
the allegation of the husband. She too, alleged the husband of lack of mental equilibrium. The
husnad then amended his petition; he alleged a new ground for divorce viz., mental cruelty.
According to him the statements/allegations made by her wife constitute to cruelty which entitles
him straight to divorce. These allegations and counter allegations are the indicative of rancor
and hatred between the spouses.

The divorce petition was pending for more than eight years. Both the parties were ready to
punish each other. Thus the court gave the decree of divorce on the ground of irretrievable
breakdown.

In the above case we see that the divorce petition was kept pending for eight years. This may be
because that concept of irretrievable breakdown was not introduced in the Hindu Marriage Act
at that time. Thus if this Provision is introduced in the law then it is for sure that the divorce
applications will rise tremendously as it will become the fastest and the easiest way to the decree
of divorce.

20
Chapter 2 (3) THE MARRIAGE LAWS (AMENDMENT) BILL, 2013
21
(1994)1 SCC 337
 18

Not only this, it may also lead to increase in filing of unwanted and fake cases and thus increase
the burden on the already overburdened courts. In the case Chetan Dass vs Kamla Devi the
appellant took the advantage of his own misconduct and asked for divorce on the grounds of
irretrievable breakdown of marriage. It is as follows:

Chetan Dass vs Kamla Devi22

After the marriage, the respondent (wife) was taken to Kirawad, the original village of the
appellant, where she stayed for about 8-9 months. According to the appellant, since his village
house was a kucha structure with insufficient residential accommodation, the respondent was not
happy as she came from better background and standard of living. Therefore, she had always
been interested in living with her parents in Vijaynagar. It is also the case of the appellant that
the parents of the respondent always desired that he may get himself transferred to Vijaynagar
and, for that purpose, many items of presentations in dowry at the time of marriage were
retained at Vijaynagar. It was, however, not possible for the appellant to live at Vijaynagar. The
wife went to attend the marriage of her brother. She did not return after the marriage of her
brother despite requests made by the appellant and his parents for her return. On the other
hand, it is stated that she started making allegations against the appellant for leading an
adulterous life. The appellant felt mentally tortured on such false allegations. He,
therefore, filed an application under Section 13 of the Hindu Marriage Act after about 2 years of
the marriage but later the relations between the two improved. The appellant, therefore, got his
petition for divorce dismissed. Kamla Devi started living at the residence of Chetan Dass in
Kirawad and they had also consummated their marriage. The case of the appellant further is that
as desired by Smt. Kamla Devi, Chetan Dass brought her to Ganganagar and both started
residing in Ganganagar. But this could not pull on for long and the respondent is said to have
always been pressurizing the appellant to permanently reside in Vijaynagar. After some time,
Lokuram, father of the respondent, took her back to Vijaynagar. All efforts made by the
appellant, his relatives and members of their community failed to persuade Kamla Devi to return
to live with Chetan Dass anymore. Therefore the husband filed an application for divorce on the
ground of irretrievable breakdown of the marriage.

22
AIR 2001 SC 1709
 19

Later it was found that the husband himself was guilty of adultery and it was because of this fact
that the wife had shifted to her maternal home. Therefore it was ruled out that a party cannot
take an advantage of his/her own misconduct for filing a divorce application under irretrievable
breakdown of marriage. Thereby the appeal of the husband was rejected.

Institution of marriage occupies an important place and role to play in the society in general;
therefore, it would not be appropriate to apply any submission of irretrievably broken marriages
as a straight jacket formula for grant of relief of divorce.

B. Reduction in the Cooling-Off Period

When a couple files for divorce under Mutual Consent they are given a gap of sex months
between the First Motion Petition and the Second Motion Petition to reconcile their differences
and change their decision if they want to. Six months already being very less time for bringing
about a change in ones mind, the Bill further reduces this period in order to decrease the
unwanted delay in the judgments. Not only this, the bill eliminates the need for appearance of
both the parties for the Second Motion Petition if one party is continuously delaying the matter.
Thus it makes the already swift process of divorce by Mutual Consent even swifter.

This will surely lead to a rise in the divorce cases in India.

C. Womens share in husbands property after divorce

The new bill has also brought about a new and much debated concept. Now the wife will also
receive a share of husbands assets and property apart from the alimony after the divorce. This
when seen liberally and casually, appears to be very good provision in lieu of women
empowerment and egalitarianism. But if one analyses the consequences of the provision he will
realize that it may bring a nightmare for the service class and middle class men of the Indian
society. This provision can be misused to an unimaginable extent by the women just as the Anti
Dowry Law.

The Contradictory views regarding the provision are as follows -

 20

23
{Ms. Singh, who says she has fought thousands of divorce cases in her 31-year career, is
part of a group that proposes even more significant changes to Indias marital laws, including
the introduction of a new legislation which will give women the right to marital property. If this
legislation is passed, women will become equal owners of property, she said. Within the
existing system there is no such option for women.

Men seeking divorce are finding themselves in a fix. Goregaon resident Rajiv Aggarwal, 32,
(name changed), who filed for divorce two months ago, is wishing he had done it earlier.I am
stuck. The intimidation from my wifes family was getting out of control, so I had to file for
divorce. If the Bill is passed, men like me, who belong to the salaried class, will be doomed,
said Aggarwal.

Mens rights groups have termed the Bill biased and anti-men. Activist Amit Deshpande said
the Bill would hardly empower women as it is wife-friendly, not women-friendly}

This provision may act as an instinct for the wives to apply for divorce.

Divorces have slowed down a bit since the inclusion of the Property clause in the amendment.
But it is the deep breath before the plunge. If it is cleared in the Lok Sabha in its current form, it
could offer more returns for the same thing. It would be raining divorce cases.

ADOPTION OF WESTERN CULTURE

The wave of globalization in the nineties led to a sudden rise in matrimonial discords. There was
a sift rise in the divorce cases. India which once used to be a patriarchal society is transforming
into an egalitarian one. Today both man and woman are working. They dont have time for each
other. Their sole focus is money. They want power, name and fame. In the ambush of acquiring
these things they neglect the ancient Indian traditions and values. Today, the so called Holy
Marriages in India are nothing but mere toll booths on the longest road of a person, his life.

In old days when the spouses were trapped in unhappy marriages either of them used to
compromise because marriage at that time had a social and ethical importance. Nowadays

23
http://india.blogs.nytimes.com/2012/03/22/for-indian-women-divorce-a-raw-deal/?_php =tru &_type=blogs&src=rechp
 21

divorce has become a commonplace. Since both men and women are working they are bound to
have ego clashes. Due to these ego clashes they start living separately and then file for a divorce.

24
Asha Sharma, a lawyer, claimed that the way society was changing, the matrimonial life was
also being affected. Economic parity of both the spouses and ego clash were the main causes for
breaking the matrimony. Explaining her point, she said most of the earning couples today were
undergoing ego clashes.

The reconciliation officers and judges say that there is zero tolerance witnessed in spouses in
cases where both husband and wife were working. It becomes difficult in pacifying and pushing
them to reach an amicable settlement. Since they dont have time for each other they lack
interpersonal communication and understanding.

25
{According to a judicial official said that changing culture was the reason of disintegration of
the families. The joint family culture is a matter of past. Concept of nuclear family is fading fast,
he added.

Corporate culture demands long working hours and increases stress levels in young people.
Also, there is professional competition among the spouses, said Ritu Dhingra, a psychologist
and counsellor.

In another stunning revelation, 70% of the total divorce cases are filed by husbands. In the
corporate world, a man fails to give sufficient time to his family. This directly affects his
relationship with wife. Also, husbands want to save their skin from other allegations, said
Dhingra.

Its easy for couples to get out of relationship in the first five years of their marriage. There is a
high sense of intolerance and immaturity among young couples these days. It is the modern
culture and materialistic attitude of people that has to be blamed, said Sharma}

24
http://timesofindia.indiatimes.com/city/kanpur/Western-culture-leading-to-matrimonial-
discord/articleshow/11519205.cms
25
http://www.hindustantimes.com/india-news/gurgaon/made-in-heaven-broken-on-whims/article1-
1030149.aspx
 22

The research fails to present any specific case law with proper citation with regards to this sub-
topic of adoption of western culture. But the research was able to find one of the cases in which
the names of the parties have been changed to safeguard their identity. It is:

26
Dhruvs life turned upside down when he discovered his 33-year-old wife (Reshma) was
cheating on him. Residents of a posh condominium in New Gurgaon, the couple has two
children.

The husband is placed at a senior position in an MNC while the woman is a home-maker.
Dhruv filed for divorce seven months ago and the court recently granted the same. The 10-
year-old love marriage has come to an end, but not without repercussions. The younger child
has turned aggressive and has become a bully at school while the elder one has retreated
into a shell.

Thus we see that couples are becoming for non-adjusting. They want more and compromise
less often. Most couples file for incompatibility as they dont have time for each other.
People in urban centers are exposed to more economic and relationship options. This prompts
them to break their unsatisfactory marriages. The only way things can stabilize is when they
spend more time in bed than in front of TV when you are free of your office work. Couples
need to work their way out in the high pressure environment which the daily mundane office
work gives you.
The lust for money has eroded the traditional sense of marriages.

26
Dhruv vs. Reshma (Name changed){no citation available}
 23

CONCLUSION

Thus we conclude that there has been a tremendous rise in the divorce rates in India. Divorce
rates have doubled since the past five years and are continuously rising. The research analysed
and discussed various case laws, data and others work and came to the following conclusions as
the reasons for rise in divorce rates in India

1. Shortcomings In The Current Law

The research was able to find out the limitations of the current law that is The Hindu Marriage
Act. It showed and proved the ambiguity of the terms of Cruelty and Living Separately. It
establishes the fact that the meaning of the said words can differ from case to case and judge to
judge. The research also discussed the fake and sham cases resulting in increase in the number of
cases and overburdening the India Court.

The research also proved that the Divorce through mutual consent is the fastest was of achieving
the divorce decree in India and a majority of divorce applications are file under the said
Provision of the Hindu Marriage Act.

2. The Marriage Laws (Amendment) Bill, 2010, Rajya Sabha-

The research proves that the Bill if passed by the Lok Sabha will surely lead to stupendous rise in
the Divorce cases in India.

The concept of irretrievable breakdown of marriage will make the divorce process quite simple
and fast. But it will also result in a number of unwanted cases that overburden the court and
therefore it cannot be a straightjacket formula.

Reduction in the Cooling Period will again lead to rise in the divorce rates since the gap of six
months was already too less for the couple to reconcile their differences and reconsider their
decision of dissolving their marriage. It may happen sometimes that one party is ready to resolve
the problem but cannot because reconciliation period has already passed.

Womens share in the property of the husband may also lead to rise in divorce cases as it may be
misused by the women to acquire their husbands property. But the grass is always greener on
 24

the other side. This provision can prove to be a good idea if women empowerment and equality
are taken into consideration.

3. Adoption Of Western Culture

The research produces the philosophical aspect of marriages. It believes that marriage is a social
bond of love, commitment and promises. But adoption of the western culture has resulted in the
fading of the old rituals and beliefs. Greater acceptance of divorce in the society has led to
couples being more comfortable with the idea of divorce. Big cities or the metros give the
advantage of anonymity by which divorced couples can manage to avoid the glares of
judgmental family members and friends. People today, tend to have a comparatively more casual
approach towards marriage and do not work as hard to save it in case of any problems in the
relationship. Double Income No Kids) are not worried about how the divorce may negatively
impact the children's lives. Stress as well as lack of time for life partners is another important
factor leading to increasing divorce rates. Women are now at par with men in financial terms and
do not feel the need to depend on their husbands for their financial needs. Men are also good
with their domestic responsibilities and do not need to depend on women for the same. These
changing gender roles have also impacted the divorce rates in India. Marrying and leaving a
person once married i.e. number of divorces in our India has increased due to westernisation.
 25

SUGGESTIONS

Marriage is not private; it is an exclusionary social institution, a signpost in the social world. A
wedding ring and garland announce a persons self-description. They signal how to approach the
wearer and demands a certain respect. Thus divorce should not be an easy way out of marriage.

1). The controversial terms such as Cruelty and Living Separately should be clearly defined
and should not be misused by any party, lawyer or judge to confuse the court, just to file a case
or extend an existing pending case.

2). The Courts must see that the Provision of Mutual Consent is not misused to obtain divorce in
petty and unwanted issues.

3). The Lok Sabha must thoroughly examine the provisions under Amendment Bill since it will
surely lead to a sudden rise in divorce cases. Cooling-off period should not be reduced since six
months period is already very less time to reconcile the differences between the parties. Human
anger is not the flame of the candle which will go off instantaneously, it is the wax of the candle
which melts slowly and gradually.

4). Irretrievable breakdown of marriage should not be included in The Hindu Marriage Act as it
will lead to a mighty rise in divorce cases. It is also against the old ancestral Hindu rituals of
marriage which consider it to be holy and sacred.

5). Instead of amending the current laws and bringing in new concepts like the irretrievable
breakdown of marriages, the government should get to the root of the problem. Concepts of pre-
marriage counseling should be introduced and popularised so that a person finds the right match
for her life.

6). Adoption of western culture should not be the factor responsible for divorce in India. One
should have reasonable expectations about and from marriage. One should not get married to
seek instant gratification. One should remember that patience and kindness go a long way in
making a marriage work.
 26

BIBLIOGRAPHY

BOOKS REFERRED

Universals Hindu Laws, 2013

WEB LINKS

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discord/articleshow/11519205.cms
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 27

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