Divorce In India
The term “divorce” originated from the Latin word “divortium,” which means “separation.” It is also synonymous with the words “divorce” or “divortere.” “Di” signifies apart, and “vertere” implies moving in a different direction. Divertere has also been used to describe to the act of moving away from, splitting from, or abandoning one’s spouse. Divorce is the lawful termination of a man and woman’s marital relationship. The court of law grants the divorce after accepting a plea filed by any of the spouses, in accordance with this legislation.
Divorce Rate in India
Given India’s regard for its traditions and social principles, it is not surprising that the country has a low divorce rate. But what is equally remarkable is that India has the least rate of divorce of any country on the globe.
Figures show that just one out of every hundred Indian marriages end in dissolution, which really is relatively low when compared to USA’s 50% divorce rate. Divorce rates in India remained significantly low in the past decade, with only 7.40 unions out of 1,000 dissolved. Divorce rates in Indian rural are considerably lower than in metropolitan India.
All the while India currently claims that over 100 percent of unions are successful, rising urbanization and heightened recognition of numerous entitlements are causing the divorce rate to rise. Women’s liberation has led to the breakup of marriages in metropolitan regions, as relatively educated women have become willing to dissolve the partnership instead of facing life-long atrocities quietly.
Women’s rights initiatives are now causing personality confrontations among husband and wife, particularly if the lady is also the income of the household.
According to a statistic, the divorce rate in Delhi, the country’s capital, had nearly quadrupled in the last 4 years and is predicted to reach 12000 in 2008. In 2006, in Bangalore, India’s IT capital, 1,246 divorce petitions were submitted in courts that have been solely made by individuals from the IT field.
Mumbai is predicted to have increased to 4,138 in 2007, but regions known for their variety and diversity, and value systems, such as Kolkata and Chennai, are also on the rise. Divorce rates in farming areas like Punjab and Haryana have risen by 150% in the previous few years. Kerala, one of the most educated regions, has seen a 350% surge in divorce rates over the past 10 years.
Divorce Rules in India
The Indian Divorce Act of 1869 lays down the following rules and conditions under which divorce can be sought.
- Converting to a different faith or religion
- Either of the spouses had been afflicted with unsoundness of mind, leprosy, or a contagious sexual illness for at minimum two years prior to the divorce petition.
- For approximately 7 years, no one has seen or heard from one of the spouses. In this case, the spouse in question is presumed to be dead.
- Failing to observe marital rights reparations for two years or more or not consummating the marriage in the 1st one year.
- Trying to inflict violence and causing psychological anguish can be detrimental to one’s wellness and existence.
- The wife can seek separation predicated on the husband being involved or persecuted in rape, fornication, and obscenity.
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