Divorce Case Study

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CHAPTER – I
INTRODUCTION

Divorce is defined as ‘The legal dissolution of a marriage by a court or other competent body.’ In India, different laws are applicable for divorce based upon the religion of the person seeking a divorce.
1) For Hindus, the law applicable is Section 13 under the Hindu Marriage Act, 1955 that defines the various grounds of divorce which are relevant.
2) For Muslims, the law applicable is the Dissolution of Muslim Marriages Act, 1939. This Act defines the various grounds on which a decree of divorce can be granted. Also, divorce has to be conducted under Sharia law under either the Talak (Husband divorcing wife) or the Khula (Wife divorcing husband).
3) Under Christian law, the law applicable for divorce is Sec 21 of the Marriage Dissolution Act of 1866 and Sec 4 of the Indian Divorce Act, 1869.
4) Under Parsi law, the laws applicable for divorce are given under the Parsi Marriage and Divorce Act, 1936.
Divorce is the permanent termination of a marriage, removing the legal obligations and duties of marriage and dissolving the responsibilities of marriage between spouses.
Divorce is one of the most traumatizing ordeals a family can experience. Not so long ago in the past the term "Divorce" was a shameful and taboo word. Individuals even withstood and bore the anguish of strained relations to keep away from divorce. This is not the case any longer. Everywhere the world over, divorce among couples is becoming a common phenomenon. Numerous studies and research have attempted to deliberate on this social occurrence. The greater part of these studies attempted to concentrate on the commonplace causes for divorce. Increase in the instances of divorce has influenced the structure of eastern societies after western ...

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... eroded with cases of wives having a higher economic position increasing.

4. Erosion Of Existing Family Structures
Due to availability of jobs in the urban centres people have left their original homes and settled in these urban centres, this has led to the disintegration of the joint family structure in its different forms. In India, where the private joint family system of habitation is regular, power paradigms are more complex than in the parts of the world where neolocal habitation is the principle. With joint living arrangement, there are a lot more decision makers under one roof, and choice making powers have a tendency to be more diffused than might be generally anticipated. Yet, notwithstanding the included many-sided quality of joint family living courses of action, a hefty portion of the educational and social attributes which empower women to additional

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