Divorce is the legal action that is taken by either husband or wife or from both the spouses to dissolve their marriage and to terminate the marital union. Studies have shown that India has a comparatively lesser rate of divorce than the other countries in the world.
If you wish to know more about the actual factors that influence the cause of divorce, then you are in the right place. Here are some of such factors that can make the marital union end and the spouses go their separate ways.
- Regional Differences
Unlike other countries, India has diversification in its culture and traditions. Each state has its way of following the traditions, and culture, and the festivals and way of life. Hence, the number of divorces in every state varies from one another and Mizoram stands in the top position in this case.
Some of the states in India have a patriarchal system in their way of life and every state follows its own set of rules and terms while leading life. The clash between the regional differences may sometimes lead to divorce.
- Difference between the urban and the rural way of life
The lack of literacy and limited knowledge about the legal procedures are the reasons that may have reduced the chances of divorce in rural areas. However, this is not the case in urban areas. Hence, the urban areas have a maximum percentage of divorce chances when compared to the rural areas.
Studies have even shown that the panchayat systems are interfering with household matters in rural matters and are successfully reducing the chances of divorce in the rural areas in India.
- Difference between the communities
Studies have shown that when compared to Hindu marriages, the marriages in the Muslim culture are more prone to separation. For every 1000 marriages, at least 4 marriages will end up with divorces. In the case of Hindu marriages, there will be 2 divorces in 1000 marriages.
- Difference in gender
Most of the time, the division between the genders leads to divorce. The gender gap has resulted in a maximum number of divorces and the men remarry comparatively earlier than the divorced women in this case.
New Laws in Indian Divorce
The normal approach during divorce cases will include six months’ rehabilitation time. This is the final approach from the court to let the couples put aside their differences and try and save their marriage. However, this is not followed in recent decades and this option has become a discretionary option rather than a mandatory option.
- Maintenance Law
After the divorce application, the court decides to order the maintenance payments for the wife from the husband’s side for a certain period for helping the wife assist with her and her child’s requirements, if a child is involved. This will be decided based on the standard of living of the wife and also help her maintain the same standards post-divorce as well.
- Irretrievable Marriage Breakdown
As the name says, this is the law that helps the spouses to separate from one another if they are not compatible and cannot live together anymore. This can become the ground for divorce and can be equivalent to getting separated.
There will be no inclusion of divorce law in this case, and the irretrievable breakdown of marriage law will be implied in this case. This is suggested to such couples that cannot work out with their differences and cannot get back together in anyways or find any such remedies.
- Adultery is not punishable
Once the judgment is passed, there is no use in punishing the lover of any of the spouses. Hence, adultery is not considered a punishable act. However, the court will charge a certain punishment for the lover of any of the spouses as the actual reason for the separation of a legally married couple. This may sometimes include the cheating husband or wife as well.
What influence the divorce cases?
Many factors influence divorce cases in India. According to the cases that we have handled, it has revealed that many factors will entangle the divorce cases in India and are listed below.
- Presence of certain types of legal hurdles
- Delays in the procedures
- A lack in the legal knowledge in both the parties that are contesting for divorce
- A blunder from any of the parties resulted in fluctuating the final verdict
Studies have revealed that the maximum percentage of divorces will end up getting dragged for certain months to years because of many such factors that influence the cases. The lawyers with the best way of tackling the situation can successfully handle any such hurdles and make sure that the divorce case is finalized as early as possible.
Practice Areas
The lawyers practice law in many areas here such as –
- Family divorce
- Criminal laws
- Property laws
- Civil laws
The best part of hiring a lawyer for handling any legal cases is that they can offer the best services at an affordable price. Hence, you can stay assured that there will be no additional financial troubles, especially when all the procedures are quite daunting to you.
Winning any case that is handled by a lawyer is like a question on their practice and knowledge. Hence, they take every case seriously and make sure that they include their complete knowledge in handling such cases and also to win them as early and as effortlessly as possible.
A desirable outcome for the clients is the main motto of every lawyer. Hence, the lawyer that you hire works on wrapping up the case successfully, as they are well aware that every win in their experience is like an extra feather in their cap of practice. The more winning streaks will make the lawyers the most-preferred ones as well. Hence, winning systematically is the main motto of every lawyer.
The normally considered grounds for divorce are adultery, sexual harassment, disability, alcoholism, imprisonment, desertion, and domestic violence. If you feel like you are undergoing any or many of these factors in your marital life, then it is time to call quits. The lawyers here will surely help you in all possible ways to get your freedom back.
Suresh Gupta is a divorce lawyer with over three years of experience practicing in the Rohini/Dwarka court in Delhi. He has extensive knowledge of divorce law and has helped numerous clients navigate the complexities of divorce proceedings. With his compassionate approach and sound legal advice, Suresh Gupta has earned a reputation as a skilled and dedicated lawyer in his field.