Divorce in India has evolved significantly over time, reflecting changing societal norms and legal frameworks. While traditionally rare, divorce rates have risen due to factors like infidelity and incompatibility, challenging long-held cultural beliefs.
Historically, India viewed marriage as an indissoluble union. The concept of divorce gained legal recognition with the Hindu Marriage Act of 1955, which applied to Hindus, Sikhs, Jains, and Buddhists. Other religions, including Muslims and Christians, follow their distinct divorce laws.
Under Section 13 of the Hindu Marriage Act, grounds for divorce include adultery, cruelty, incurable diseases, desertion, and mental disorders. These grounds cater to both spouses, aiming to provide legal recourse in cases of marital breakdown.
Legal theories like fault theory, mutual consent, and irretrievable breakdown theory shape divorce proceedings in India. These frameworks ensure that divorce is granted based on mutual agreement or proven fault, depending on the circumstances.
Cases like Smt. Maya Devi v. Jagdish Prasad and Shobha Rani v. Madhukar Reddi have set legal precedents, defining cruelty and other grounds for divorce under Indian law.
Despite legal provisions, India maintains a relatively low divorce rate due to cultural emphasis on family unity and societal stigma associated with divorce. Economic factors and gender roles also influence divorce trends.
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