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Low rate of divorce in India is due to mere lack of awareness. One such misconception is that a couple can only proceed with divorce after 2 years of separation!
India has one of the lowest divorce rates in the world. One of the main reasons for this is the stronghold of patriarchy on our society. Historically, Indian women have stayed reliant on their husbands for social security, finances and mobility.
Over the years, this notion has changed and women are leaving their homes to become entrepreneurs, teachers, government officials. However, a majority of Indians, especially in rural areas, still consider the role of a woman as a wife to be her most valuable one.
This is evident in Bollywood movies that show women playing love interests in plots that lead to them being married to the superhero. Even in the countless tv serials that only revolve solely around married women, it seems that marriage is seen as a greater social currency for women than any independent achievement of their own. This has negatively affected the perception of divorce as well.
Contrary to social myths, the law recognizes the ills of being stuck in an unsuitable marriage. The Indian law gives both the husband and wife to legally file for divorce and dissolve a marriage that has been proved unfit on certain grounds after 1 year from the date of marriage. This is a boon for women, especially those who feel oppressed, lonely or uncomfortable in a marriage.
There are typically two types of divorces mandated by Indian law under Section 13-B of the Hindu Marriage Act, 1955.
Unfortunately, another reason for the low rate of divorce in India is due to mere lack of awareness. One such misconception is that a couple can only proceed with divorce after 2 years of separation. An underlying cause for this is the resistance of courts to end marriages and the societal notion that marriages should be made to last as long as possible.
In order to formally proceed with divorce, the courts first enact judicial separation. Basically, once the spouses file a petition and the order is passed, they are no more bound to cohabit. This is a mandatory period called period of judicial separation and gives time to the couple to resolve matrimonial disputes before the divorce proceedings start.
In the past, Section 10A of the Indian Divorce Act, 1869, required the couple to be separated for at least two years. However, Section 13B of The Hindu Marriage Act, 1955 only mandates 6 to 18 months of separation for the same or less, especially for exceptionally abusive or unsafe marriage or in case of mutual divorce, where both parties have proved incompatibility.
In India, the judicial separation period is typically for a period of 6 to 18 months, depending on the case. Following the end of this period, if the couple refuses to resume cohabitation, separation is then used as grounds for divorce.
It is safe to say that the law is quite flexible, especially when it comes to marriages, as there are still many aspects that have not been considered on paper. Each case addresses new complications and contests past notions. During this, as women, it is of paramount importance to keep ourselves well-informed and know our rights.
Divorce doesn’t have to be an end to things, but rather a liberation and passage into a fresh, new perspective towards life. It can unburden women and give them the peace and space to pursue new ambitions. Single mothers can raise their children in a healthier environment.
For this, the right knowledge and communication can make divorce a smooth and beneficial process for all parties involved.
Image source: Still from Ek Tukda Dhoop | THAPPAD, edited on CanvaPro
I am Ria from New Delhi. I'm a student of political science and law and I have a lot to say apparently. read more...
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Neena was the sole caregiver of Amma and though one would think that Amma was dependent on her, Neena felt otherwise.
Neena inhaled the aroma that emanated from the pan and took a deep breath. The aroma of cumin interspersed with butter transported her back to the modest kitchen in her native village. She could picture her father standing in the kitchen wearing his white crisp kurta as he made delectable concoctions for his only daughter.
Neena grew up in a home where both her parents worked together in tandem to keep the house up and running. She had a blissful childhood in her modest two-room house. The house was small but every nook and cranny gave her memories of a lifetime. Neena’s young heart imagined that her life would follow the same cheerful course. But how wrong she was!
When she was sixteen, the catastrophic clutches of destiny snatched away her parents. They passed away in a road accident and Neena was devastated. Relatives thronged her now gloomy house and soon it was decided that she should be married off.
Women today don’t want to be in a partnership that complicates their lives further. They need an equal partner with whom they can figure out life as a team, playing by each other’s strengths.
We all are familiar with that one annoying aunty who is more interested in our marital status than in the dessert counter at a wedding. But these aunties have somehow become obsolete now. Now they are replaced by men we have in our lives. Friends, family, and even work colleagues. It’s the men who are worried about why we are not saying yes to one among their clans. What is wrong with us? Aren’t we scared of dying alone? Like them?
A recent interaction with a guy friend of mine turned sour when he lectured me about how I would regret not getting married at the right time. He lectured that every event in our lives needs to be completed within a certain timeframe set by society else we are doomed. I wasn’t angry. I was just disappointed to realize that annoying aunties are rapidly doubling in our society. And they don’t just appear at weddings or family functions anymore. They are everywhere. They are the real pandemic.
Let’s examine this a little closer.
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