Friday, March 19, 2010

Divorce in INDIA

The very counter word for marriage is divorce. Divorce is the legal separation of two spouses by bringing an end to the vows that they took during the sacred ceremony of marriage. The divorce procedure differs from one governmental jurisdiction to another. In India divorce is still a major social taboo and divorce seekers have to undergo several ordeals in order to get separated from each other. Unlike western countries like USA and Sweden, the divorce rate is significantly low in India. In earlier days, in spite of existence of radical disparity between spouses, either of the two was expected to compromise with the other so that their marital bonding survives. In most cases women were forced to adjust with the unbearable post marital conditions for the welfare of the family, the children and even for her as she was hardly open to any means of earning her own livelihood.
With the advancement of time, spread of education and campaigns of human rights activists, divorce has become a way to break free from the marital clutches for many women. Couples facing difficulties in equating there levels of compatibility are now filing for divorce in order to renew their life afresh. In fact, the rate of divorce is rapidly rising in the Indian metropolis.
Divorce in India is a long legal procedure, whose period of prosecution takes at least six months. The divorce procedure varies from the marriage acts of one personal law to another. All Hindus including Sikhs, Buddhists and Jains can seek divorce under Hindu Marriage Act. Whereas communities like Parsi, Christians, Muslims, have their own laws related to divorce. For example, Christians divorce laws are regulated by the Indian Divorce Act, 1869, and that of a Parsi by Parsi Marriage and Divorce Act, 1936. Inter community marriages are governed by Special Marriage Act, 1956.
While contesting for or mutually agreeing with the divorce, there are several divorce related affairs has to be taken care, like alimony, child support and grounds for divorce.

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