Tag: #divorce

Divorce: Taboo yet to be broken!..


India is a diversified country with people of a different colour, races live together happily. So these people form a society. We all follow the unwritten rules of this society. The only thing we need to remember is that not all the rules need to be followed. There are some rules and beliefs which need to be eradicated from society, one of these taboos is divorce.
There was one of my second cousins who lived in a village nearby. She was married and was living there with her husband and in-laws. The first year of her marriage went so well. She was very happy with her marriage. In the second year, her husband and mother in law asked to bring money and jewellery from her father. Firstly they used to ask for it casually, but later they began to hit her badly and kept torturing her. One day, they threw her out of the house to bring the money. She went to her mother’s home, told them everything happened with her. Her mother’s home was not economically sound. They knew that they couldn’t give any money or jewellery. Few months passed in all this. Now all the nearby people were questioning about her stay in mother’s home. Meanwhile, her brother gathered some money to give to her in-laws. Father, mother and brother decided to send her back to her marital home. But she was not at all ready to go back. She kept on pleading them not to send her back. She even told them that her life will be in danger if she goes back. But this social pressure was heavy enough than her pain. Brother took her to her marital home, gave them some money and came back. After receiving the money, a few days went peacefully. After that, again the cycle began. Torture became new normal to her. She called her home to take her out, but they asked her to ADJUST.
One day, news hit the home. A phonecall rang saying she got herself burned in a kitchen accident, the cylinder exploded. Now everybody rushed to the hospital. Father and brother now blamed her husband and in-laws for her accident. They even called the police and handed them over. But as there are many loopholes in the judiciary system, they were set free. After a few days of the battle of life, she gave up the fight.
This could be avoided, right? Now everything was left with just ifs and what-ifs. If they could’ve let her set free from the cage of tortures, she could have been alive. But divorce is a big taboo in India. When a girl leaves her home, parents think that whatever happens thereafter, is not their responsibility. But we need to remember that girls are not any load to carry. Two adult individuals get married, strangers to be clear in arranged marriages. When they live together, their nature and choices should match is not compulsory. They can have their own point of view. In this process, if they feel like in a toxic relationship, there should be an option to escape. I’m not saying or supporting to break the relation for the minor cause. But if it is going above your head, destroying you physically and mentally, then it’s better to get out. We as a parent or a society need to bring this change in us. Divorce cannot be a taboo. If you want to see your loved ones happy and breathing, then this could be the option if things get extreme. Divorce is a personal choice and nobody has the right to judge.

Divorce

The word divorce comes from Latin word ‘divortium’ which mean ‘to separate’.
Section 13- Any marriage that was solemnized before or after commencement of this act, can be dissolved by a decree of divorce by either husband or wife.
Section 13(1) – under section 13(1) there are some grounds of divorce for both husband and wife.
1) Adultery- adultery means sexual intercourse between a married person and third party. Adultery cannot be committed without one’s consent. Now, adultery is not a punishable offence but it is used as ground of divorce.
2) Cruelty- A spouse can file a divorce when he/she is subjected to any kind of mental and physical injury that causes danger to life.
3) Desertion- In desertion one party has abandoned the other party and there is no reasonable ground for abandoning. The only intention of abandoning is to end married life and this situation has been for more than 2 yrs.
4) Conversion- When one party converts its religion from Hindu to Muslim then also divorce can be granted.
5) Insanity- In case of insanity, respondent has been suffering from such mental disorder that the petitioner cannot expect to live with.
6) Venereal disease- is a sexual communicable form of disease. This disease is communicable and it is not necessary that it should have been communicated to the petitioner.
7) Renunciation- If other party has renounced the world and entered a holy world then it is considering as ground of divorce.
8) Presumption of Death- When other party is presumed to be dead or has not been heard of being alive for at least 7 yrs then it is consider as ground for divorce.

Section 13(1-A) Ground of divorce for both husband and wife

1) No presumption of cohabitation- when there is judicial separation but there is any resumption of cohabitation for 1 yr or more.
2) No restitution of conjugal rights when there is any restitution of conjugal rights after passing decree for 1 yr or more.

Section 13(2) – Provides special ground of divorce for wife

1) Bigamy husband has more than one wife
2) If husband proven guilty of rape, bestiality or sodomy.
3) If wife has obtained an order of maintenance under section 125 Cr.p.c. or cohabitation has not resumed between parties after 1 yr.
4) Marriage has been solemnized when wife was under 15 yrs and she repudiated marriage before she was 18 yrs.

Section 13B –Divorce by mutual consent
In this both parties agree to divorce whether the above mentioned grounds were available or not.

      Section 14- this section explain when parties can file divorce. Under section 14 of HMA parties cannot apply for divorce before 1 yr of their marriage, exceptional cases like domestic violence can be heard.

 Section15- Section 15 explains when divorced party can remarry. If no appeal to decree of divorce lies or if the time period of appeal has expired then parties can remarry.