The word Divorce is not a happy word, but it is word that is omnipresent. It is very much a part of family life. Divorce means that a man and a woman who have married under any law, would like to split from each other. Divorce is accepted as a norm and a part of human behavior in most societies in the world. However the Catholic religion which believes in the concept of marriage as a sacred bond does not recognize a divorce.
All other religions like Islam and Hinduism recognize the right of divorce and accordingly the laws are framed and followed. However Muslim personal law that has its own connotation of divorce is generally not tampered with in most societies. In India the Hindu marriage act recognizes divorce under certain stipulations, but there is no law for followers of Islam who are governed by their own personal law. Thus the contentious triple 'Talak' is very march a part of Muslim society and law, however unfair it may be to a woman.
Islam And Marriage
In India the Divorce law is so structured that its is weighed in favor of the woman. Also in case one of the parties does not want to go in for a divorce, then getting a divorce can be difficult. Some time back a friend of mine file a divorce case in the court. The case dragged on for 12 years and so exasperated my friend thought it better to forget about divorce and make up with his wife. Thus getting a divorce in India is not easy. The only option for a somewhat easy divorce is one by mutual consent. Then the wheels of the courts move faster.
Thus in India there is no quick fire divorce like in some places in the USA. Divorce is generally discouraged, but trends are changing a divorce by mutual consent is fast catching on. Another aspect in Indian law is the issue of maintenance for the divorced wife. This has been addressed by the Indian courts and Supreme Court has ruled that even in the case of a live in relationship some maintenance can be asked by the live in partner.
The Hindu marriage act is applicable to Sikhs, Jains, Parsis and Hindus. However India does not have a uniform civil code though it is one of the directive principles of the constitution. But political expediency and an attempt to appease the Muslim community has resulted in this common personal law not being enacted for all Indians. However it is worthwhile to learn that in Goa which was under Portuguese rule, a common civil code is enacted and is applicable to Muslims as well.
The Divorce law in India is a far reaching enactment and people of all religions are divorcing. But the state has put desirable breaks that need to be appreciated.
Divorce in India
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