Evolution of Marriage and Divorce in Indian Society

Introduction

Marriage and divorce in Indian society have undergone significant transformations due to evolving social norms, legal frameworks, and cultural beliefs. Traditionally viewed as a sacred institution, marriage has adapted to accommodate new relationship dynamics and societal structures. Divorce, once a taboo subject, has gradually gained acceptance as a means to end irreparable marriages, allowing individuals a fresh start.

1. Traditional Views and Legal Frameworks

Marriage in India was historically considered a sacrament, signifying a lifelong union between a man and a woman. The Hindu Marriage Act of 1955 and other personal laws codified these customs, emphasizing the sanctity and permanence of marriage. Divorce was rare and socially stigmatized, with stringent legal grounds for dissolution.

2. Turn Towards Reforms in Law

Legal reforms have gradually reshaped marriage and divorce in India to reflect changing societal realities. The Special Marriage Act of 1954 and amendments to existing laws have recognized the rights and freedoms of individuals within marital relationships.

3. Recognition of Irretrievable Breakdown

One of the most significant recent developments in divorce law is the acceptance of the irretrievable breakdown of marriage as a ground for divorce. Judicial decisions and legislative reforms acknowledge that continuing a broken marriage may not be in the parties' best interests.

4. Gender Equality and Empowerment

The demand for gender equality and the empowerment of women has influenced the development of marriage and divorce laws in India. Legal provisions for maintenance, property rights, and protection from marital cruelty aim to create a fair and just framework for marital relationships.

5. Changing Social Norms

Indian society is witnessing a shift in social norms, economic dynamics, and cultural influences, leading to changes in marriage and divorce practices. Live-in relationships, the recognition of LGBTQ+ rights, and diverse family structures have brought inclusivity to intimate partnerships.

6. Challenges and Future Directions

Despite legal reforms, challenges remain in ensuring proper execution and access to justice for all individuals. The Uniform Civil Code, as per Article 44 of the Indian Constitution, remains a contentious topic of debate.

Theories of Divorce under Hindu Law

Fault Theory

Under the fault theory, divorce can be sought due to matrimonial offenses or wrongs committed by one spouse. Grounds for divorce include cruelty, adultery, desertion, mental disorder, or conversion to another religion.

Relevant Judgments:

- Shobha Rani v. Madhukar Reddi (1988): Established that fault or matrimonial offenses constitute grounds for divorce under Sec. 13 of the Hindu Marriage Act.

- Bipinchandra Jaisinghbhai Shah v. Prabhavati: Highlighted the need for legislative reforms based on the breakdown theory.

Mutual Consent

Divorce by mutual consent, provided under Sec. 13B of the Hindu Marriage Act, allows spouses to amicably dissolve their marriage upon fulfilling certain conditions, such as living separately for a specified period.

Relevant Judgments:

- Amit Kumar v. Suman Beniwal (2021): Reaffirmed the importance of mutual consent provisions and the court's role in ensuring valid consent.

Irretrievable Breakdown of Marriage

Although not explicitly listed as a ground under the Hindu Marriage Act, the Supreme Court has invoked Article 142 of the Constitution to dissolve marriages on the grounds of irretrievable breakdown in certain cases.

Relevant Judgments:

- Sivasankaran v. Santhimeenal (2021): Addressed the irretrievable breakdown of marriage and Law Commission recommendations for its inclusion as a ground for divorce.

Grounds for Divorce under the Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955, lists specific grounds for divorce under Sec. 13, including cruelty, desertion, adultery, conversion, unsound mind, leprosy, venereal disease, renunciation of the world, and being unheard of for a certain period.

Cruelty [Section 13(1)(i-a)]: Physical or mental conduct that adversely affects the spouse's living together.

Desertion [Section 13(1)(i-b)]: Leaving the spouse without reasonable cause and without consent for at least two years.

Adultery [Section 13(1)(i)]: Voluntary sexual intercourse with a person other than the spouse.

Conversion [Section 13(1)(ii)]: Conversion to another religion.

Unsound Mind [Section 13(1)(iii)]: Incurable mental disorder making cohabitation impossible.

Importance of Irretrievable Breakdown Theory

The theory of irretrievable breakdown of marriage recognizes that some marriages deteriorate beyond repair, making continued cohabitation futile and damaging.

Fundamental Features

1. Ascertainment of Broken Down Marriages: Identifies marriages that cannot continue despite none of the fault grounds being applicable.

2. Focus on Human Relationship: Acknowledges the complexity of marital relationships beyond specific faults.

3. Consideration of Mutual Consent: Allows for a quicker, amicable resolution when both parties agree the marriage is irretrievably broken.

4. Judicial Discretion under Article 142: Empowers courts to dissolve marriages under unique circumstances where continuation is impractical.

Relevant Cases:

- Naveen Kohli v. Neelu Kohli (2006): Highlighted the need for legislative recognition of irretrievable breakdown as a ground for divorce.

- M.M. Kashyap v. Surekha Kashyap (2010): Argued for the inclusion of irretrievable breakdown in modern relationships.

- Sangeetha v. Jitendra Bhandari (2016): Emphasized the importance of equitable considerations in applying the theory.

Conclusion

The evolution of marriage and divorce in Indian society reflects broader social, legal, and cultural changes. While significant progress has been made, ongoing challenges necessitate continued reforms to ensure equitable and just marital and divorce laws. The recognition of irretrievable breakdown of marriage as a ground for divorce, although not yet codified in the Hindu Marriage Act, signifies a progressive step towards acknowledging the complexities of modern marital relationships.