MARRIAGE & DIVORCE IN INDIA

 Marriage from the beginning can be traced through its roots in religion as a system and functional set up in the Indian society, which could be traced from ancient times as "Sath Janam ka Bandhan" unknown to the doctrine of Talaq was believed marriage to be an unbroken able bound and concept of consent and divorce was missing and later on with the flow of Islam came consent and divorce with only men entitled to a divorce, although women were given limited rights about divorce. As these two religious beliefs were the most prominent in the subcontinent the entire matrimonial issues were governed by their specific religious scripts and traditions, a Pandit and Qazi were the final judges. 

Further with the division of the world in modern boundaries came modern laws and regulating acts and codification of matrimonial laws commences in 1956 Hindu law got codified with exceptions to various traditions, Muslim law didn't get codified but got various regulating laws and the most prominent work done was to allow various grounds to be common to all by putting them under Hindu law as well as Muslim law. For eg: earlier there was no divorce in Hindu law but there was divorce in Muslim law and that divorce right was very much in favour of men only now with developed laws both Hindus got the right to divorce and Muslims who were already having this right upgraded as now Muslim women can also divorce, not in religious law but in Dissolution of Muslim marriage act of 1939 which has identical grounds as in Hindu marriage act 1955.

The journey of Marriage and Divorce has been through various phases from the flourishment of marriage in society to the acceptance of divorce, divorce is as important as marriage and in some cases, it's more than that as human life is far greater from a broken marriage although the entire legal system works to protect the institution of marriage one of it's a prime example is giving a conciliatory period to the couple usually of 6 months although not mandatory(as clarified by SC) just to put that last effort to save the marriage but that very SC in 2006 judgment while using its power under article 142 of the constitution of India said if the marriage is in the state of "Irrevocable breakdown of marriage" than no one can be forced to be in that marriage.

The journey of matrimonial laws are still in the developing phase and will always be, this change is a symbol of a prosperous and positive social and akin to the changing human needs by achieving gender-neutral laws and creating a just society.



Riyan Khursheed

Advocate

8882523221

riyankhursheed@gmail.com



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