Introduction
In a country that believes that marriages are the most sacred of bonds and made in heaven, the divorce rate is indeed increasing at a tremendous rate. Compared to other countries, India still has a lower rate of divorce, but compared to its own statistics, divorces be it mutual consent divorce or contested divorce have increased.
The most common reasons for divorce in India are :-
- Indian Women Are Becoming More Independent
Though equal opportunity is far from reality, still women in India are getting better and quality education, freedom to work and earn for themselves. This has given women more independence and reduced the control of men in their lives. Women who are in an unhappy marriage do not have to think twice before getting out and filing for a divorce.
Women in India are becoming more
independent in a financial, mental, social and physical sense and do not have
to stay in a marriage for financial reasons. Today, women are more better educated
and know what their rights are when claiming a mutual consent divorce or when
filing a contested divorce against their spouse.
- Lack of Communication
The world is getting closer, but people are getting farther away from each other. The same goes for people tied together with the marital bond. Communication is the essence of maintaining any relationship, and when this factor is missing from a marriage, people find it easier to mutually end their relationship and file a mutual consent divorce or uncontested divorce.
Lack of communication makes a marriage irreparable and leads to a lack of understanding and intolerance to each other.
- Forced Marriage
The freedom of choice while selecting one’s life partner is still missing in many parts of India and the matches are generally made by the parents or family heads rather than by the choice of people who are actually getting married. When a man or woman is forcefully married to someone, or when the person is unprepared to face marital responsibilities, conflicts arise.
This leaves no choice for the people stuck in a marriage to file for a divorce in India. Generally, forced marriages see an end via a contested divorce when one spouse wishes to get out of a marriage and files for a one-sided divorce against their spouse.
- Issues In Joint Family
The Indian society still lives in a joint family system wherein different branches of a family live together under one roof. Lack of adjustment or acceptance from either the bride or the family can lead to severe disputes and force the person to file a divorce petition.
The conflict between the wife and her mother-in-law is no fairy tale and often leads to a discord between the wife and husband. The courts have even ruled that when a wife separates her husband from his parent, it can be construed as mental cruelty and a valid ground for a contested divorce in India.
- Adultery Or Extra-Marital Affair
Today’s fast-paced life and lack of communication may force a spouse to find a connection somewhere else. This leads to the person getting involved in an extra-marital affair. Adultery, though not a crime in India anymore, it is still a valid ground for divorce.
When either spouse is caught in an extra-marital physical relationship, the other spouse can file a contested divorce on that ground.
- Getting A Divorce Is Easier Than Ever
The process of getting a divorce is simpler as the Indian courts have simplified the process of getting a divorce by mutual consent easier. When both the spouses freely consent to get a divorce and there is no chance of repairing the the marriage, the court may waive off the 6-months cooling period and allow the spouses to get a divorce in just 1-4 months.
- Unrealistic expectations
Most of the marriages are performed on great hopes. When expectations start to devastate, the couple starts fighting with each other. Girls certainly expect materialistic comfort in the form of money, respect in society, liberty in household decision etc. Whereas boys are supposed to be more royal and the dominant in their decisions. Disappointment in expectations lead to nasty relations and finally collapse of the marriage.
- Lack of respect and intimacy
Modern day life of individuals become so hectic due to busy office schedule. Couples hardly finds to give time to understand each other’s feelings. Small efforts done by a partner can heel every harsh relation. If you are regularly giving your partner a cold shoulder, it can become the ground for divorce.
- Impotency of a partner
The physical incapacity of a person to duly consummate the marriage is ground for divorce in India as physical intimacy and sexual relations are the essence of a marriage and a marriage without sex is no more than a cruelty inflicted by one partner on another. Hence it is a ground for divorce.
Conclusion
The different provisions of law guarantees certain rounds of divorce and some are evolved by the Courts time to time which can be invoked to put an end to marriages which have been damaged beyond repair because of presence of one or more of the above list of causes or factors.
