DIVORCE IN INDIA – A SOCIO-LEGAL STUDY
ABSTRACT
In Hindu society
DIVORCE has been a possible, but disapproved, solution for marital conflict. There are hardly any studies, which analyze the interrelationship between the
family law and social factors related to the phenomenon of divorce. The
present STUDY is aimed to analyze the causes and consequences of divorce in general and among the Hindus in particular from a socio-legal point of view.
The following research question is formatted for the present study:
Is it true that the requirements of legislation particularly grounds for divorce, are different from real factors/ causes of divorce?
Field work for the present study is conducted in the twin
cities of Hyderabad and Secunderabad and the Peri-urban Zone surrounded the twin cities. The present study focused on divorce cases under the Hindu
Marriage Act, 1955 decided and disposed of by the Family Courts of Hyderabad and Secunderbad. The present study is limited to the Hindus only. A multi-stage sampling method is followed to select the sample. The divorcees residing at twin cities of Hyderabad and Secunderabad and the peri-urban zone surrounding the twin cities are selected as sample for the present study.
One significant finding of the study is that in twenty one cases of the sample <23.31 %> both the spouses initiated separation and in twenty six cases <28.86 % of the sample> both the spouses jointly filed divorce petitions under section 13
of the Hindu Marriage Act, 1955. Age at marriage of 81.1 per cent of the respondents was between 18 years and 22 years. According to the data, the lowest age of marriage for the respondents are 16; an age at which a girl, under normal circumstances, spends at school/college. The disillusionment with the marriage or the spouse started within one year of marriage in case of 77.5 per cent of the sample. Consultation with family members or caste elders or friends precedes filing a petition in the Family Court for divorce.
The present study observed that the lawyers and LEGAL Aid Centers are not giving much importance to the post-divorce situation of women respondents.
The researcher interviewed the concerned officials, counselors, advocates and members of Legal Aid Centers to facilitate the understanding the divorce process. In this interaction the following came to the notice of the researcher: The Family Courts were few in number and the existing Courts lacked facilities, infrastructure and support system for effective functioning. The numbers of Counselors in the Family Courts were inadequate. Lawyers were invariably appearing in the Family Courts in a routine manner.
Since the study is specific to the population, the findings cannot be generalized. The small size of the sample may not succeed in relating the study to the larger context. In view of globalization process of which disinvestment and privatization are corollaries, large scale retrenchments, cuts in subsidies, and shrinking social security are foreseen. Therefore, it is suggested that further studies on divorce should take cognizance of the changed situation.
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