today's social evil

1. -IN INDIA
MADE BY – ROOPANSHI VIRANG
B.A LL.B(2NDYEAR)
BANASTHALI
DIVORCE

2. INTRODUCTION
 Divorce (or the dissolution of marriage) is
the termination of a marital union, the
canceling and/or reorganizing of the legal
duties and responsibilities of marriage.
 Thus, dissolving the bonds of matrimony
between a married couple under the rule of
law of the particular country and/or state.

3. Divorce laws vary considerably around the world,
but in most countries it requires the sanction of a
court or other authority in a legal process.The
legal process of divorce may also involve issues
of alimony (spousal support), child custody, child
visitation / access, parenting time, child support,
distribution of property, and division of debt.The
only countries that do not allow divorce are the
Philippines and theVaticanCity, an ecclesiastical
state, which has no procedure for divorce.

4. DEFINITIONS
 A judicial separation dissolving a marriage in
whole or in part, especially one that releases the
marriage partners from all matrimonial
obligations.
 Any formal separation of husband and wife
according to established custom.
 The legal separation of man and wife , for cause ,
by the judgement of a court , and either totally
dissolving the marriage relation, or suspending
its effects so far as concerns the cohabitation of
the parties.

5. TYPESOFDIVORCE
TWO TYPES :
• At- fault Divorce: Fault based divorce can be
contested , evaluation of offences may involve
allegations of collusion of the parties (working
together to get the divorce), or condonation
(approving the offense), connivance( tricking
someone into committing an offense), or
promotion by the other party.

6. • No- Fault Divorce: It requires no allegations or
proof of fault of either party.The barest of assertions
suffice. Courts will not inquire into facts. A “yes” is
enough.
BASIC CAUSES OF DIVORCE
 Adultery i.e extramarital sex
 Infidelity
 DomesticViolence
 Midlife Crisis
 Addictions e.g alcoholism & gambling
 Workaholism
 Cohabitation

7. Lawsinindia
 On an all-India level, the Special Marriage Act
was passed in 1954, is an inter-religious
marriage law permitting Indian nationals to
marry and divorce irrespective of their
religion or faith.The Hindu Marriage Act, in
1955 which legally permitted divorce to
Hindus and other communities who chose to
marry under these acts.

8.  The Indian Divorce Act 1869 is the law
relating to the divorce of person professing
the Christian religion. Divorce can be sought
by a husband or wife on grounds including
adultery, cruelty, desertion for two years,
religious conversion, mental abnormality,
venereal disease, and leprosy. Divorce is also
available based on mutual consent of both
the spouses, which can be filed after at least
one year of separated living. Mutual consent
divorce can not be appealed, and the law
mandates a minimum period of six months
(from the time divorce is applied for) for
divorce to be granted.

9.  Various communities are governed by specific
marital legislation, distinct to Hindu Marriage
Act, and consequently have their own divorce
laws:
“The Parsi Marriage and Divorce Act, 1936.
“The Dissolution of Muslim Marriage act, 1939.
“The Foreign Marriage Act, 1969.
In June 2010, the Union Cabinet of India
approved the Marriage Laws (Amendment) Bill
2010, which, if cleared by Parliament, would
establish "irretrievable breakdown" as a new
ground for divorce.

10.  UnderThe Hindu Marriage Act, 1955
• Adultery
• Cruelty
• Desertion
• Conversion
• Mental Disorder
• Leprosy
• Veneral Disease
GROUNDSOFDIVORCEININDIA

11. • Renunciation
• Not Heard Alive
• Cohabitation
 UnderThe Dissolution of Muslim
marriage Act, 1939
• The husband’s whereabouts are unknown for a
period of four years.
• The husband has failed to provide maintenance
to the wife for at least two years.
• The husband has been under imprisonment for
seven or more years.

12. • The husband is unable to meet the marital
obligations.
• If the girl is married before fifteen and
decides to end the relationship before she
turns eighteen.
• The husband indulges in acts of cruelty.
 UnderThe Indian Divorce Act ,1869
• Adultery
• Conversion to another religion

13. • One of the couples suffering from an
unsound mind, leprosy or communicable
venereal disease for at least two years before
the filing of the divorce.
• Not been seen or heard alive for a period of
seven or more years.
• Failure in observing the restitution of
conjugal rights for at least two years.
• Inflicting cruelty and giving rise to mental
anxiety that can be injurious to health and
life.
• Wife can file a divorce based on the grounds
of rape, sodomy and bestiality.

14. EFFECTSOFDIVORCE
o On Children
 Psychological:
• Diminished psychological well
being in children
• Greater unhappiness
• Less satisfaction with life
• Anxiety

15. • Weaker sense of personal control
• Depression
• Greater use of mental health services
• Experience conflict in their own marriage
• Involved in short term cohabiting
relationships
 Academic and Socioeconomic:
• Have lower academic achievement
• Drop out of high school
• Discontinuation of academic career occurs
• Lower levels of income, status and wealth
accumulation.

16. o On Adults
• Loss of happiness
• Depression
• Detriment of health
• Serious illness
• Addicted to alcohol/drugs
• Insecurity and attachment to the ex-spouse
• Face greater loneliness
• More social isolation.

17. Tipsforpreventingdivorce
 Make time to connect lovingly with yours
spouse everyday
 Compliment your spouse regularly both in
private and in front of others
 Love yours spouse in the way he/she wants
to be loved
 Take care of your appearance
 Remain faithful
 Do things together

18.  Spend time apart
 Be friends with your partner
 The terms of endearment
 Say “I LOVEYOU” everyday
 Stop the hostility
 Stop doing counter arguments
 Clarify what you need to change
 Clean up all the old hunts
 Believe in yourself
 Learn the skills that everyone needs if they
want to be good at marriage partnership.

19. In India ,Official figures of divorce rates are
not available, but it has been estimated that 1
in 100 or another figure of 11 in 1,000
marriages in India end up in divorce. Basically
the concept of Divorce is mainly prevailed in
urban areas than in rural areas but then also
in India it is on very grass root level if
comparison occurs with other countries.The
only positive thing which rises from divorce is
that it makes spouses independent, nothing
else…………