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Department of humanities and social science

ASSIGNMENT FILE

RESEARCH BASED LEARNING

Semester -4

Submitted by: Kalpana Kasana


Submitted to: Dr Rukmini Joshi
Introduction
Divorce is a topic that has been increasingly discussed and debated in India over the past few
years. With changing attitudes towards marriage and relationships, divorce rates in India have
been on the rise.

In this review, we have analyzed 20 articles on divorce in India, examining the causes, trends,
legal framework, and social implications of divorce in the country.
The articles that we reviewed reveal that while divorce is still considered a taboo topic in many
parts of India, attitudes are gradually changing. Economic independence, urbanization, and
changing social norms are some of the factors that have contributed to the increase in divorce
rates in the country. The articles also suggest that the legal framework for divorce in India is
complex and often unfair to women, who are frequently subjected to discrimination and abuse
during divorce proceedings.
However, despite the challenges, the articles suggest that divorce can be empowering for women
and may lead to greater independence and self-esteem. Divorce can also have positive effects on
children if handled sensitively.
1.Divorce and sepration in India by Premchand dommraju,2016
Divorce and separation are two words that are often accompanied by a sense of sadness,
disappointment, and trauma. They are the result of a relationship that has broken down and is no longer
sustainable. In India, these concepts have a particular significance, given the country’s cultural and
religious traditions that emphasize the sanctity of marriage and family.

In 2016, Premchand Dommraju, a renowned Indian lawyer and author, published a book titled “Divorce
and Separation in India,” which examines the legal, social, and psychological implications of these
concepts in the Indian context. The article provides a comprehensive analysis of the legal provisions
governing divorce and separation in India, as well as the challenges faced by individuals and families in
navigating these processes.

The article also examines the legal provisions governing divorce and separation in India. Dommraju
notes that these provisions vary depending on the religion of the parties involved, with different
personal laws governing divorce for Hindus, Muslims, Christians, and other religious communities. He
provides a detailed analysis of the Hindu Marriage Act, 1955, which is the primary legislation governing
divorce for Hindus, and the challenges faced by individuals seeking divorce under this Act.

Dommraju also highlights the need for alternative dispute resolution mechanisms, such as mediation
and arbitration, to facilitate more amicable and efficient resolution of divorce and separation disputes.
He notes that the traditional adversarial legal system can be costly, time-consuming, and emotionally
draining, particularly for individuals who are already experiencing trauma and stress.

In conclusion, Divorce and Separation in India by Premchand Dommraju is an important contribution to


the legal and social discourse on these concepts in India. The article provides a comprehensive analysis
of the legal provisions governing divorce and separation, as well as the social and cultural factors that
influence their perception and experience. It is a must-read for anyone seeking to understand the
complexities of divorce and separation in the Indian context and the challenges faced by individuals and
families in navigating these processes.

2.The Golden Cage: The Stability of the Institution of Marriage in India


by K Srinivasan, 2015
The institution of marriage in India has long been seen as a sacred and stable bond between two
individuals, families, and communities. However, in recent years, there has been a growing trend
towards the breakdown of marriages, divorce, and separation. In 2015, K Srinivasan, a renowned Indian
sociologist, published a book titled “The Golden Cage,” which examines the stability of the institution of
marriage in India.

Srinivasan argues that the institution of marriage in India is like a golden cage that provides a sense of
security, stability, and social status to individuals and families, but can also be restrictive, oppressive,and
limiting. He notes that marriage in India is often seen as a means of fulfilling social and cultural
expectations, rather than individual desires and aspirations.

The article provides a comprehensive analysis of the factors that contribute to the stability of the
institution of marriage in India. Srinivasan notes that marriage is deeply ingrained in Indian culture and
society, and is often associated with religious and cultural practices. He argues that the social and
cultural norms surrounding marriage in India create a strong sense of obligation and duty towards the
institution, which can lead individuals to stay in unhappy or abusive marriages.

Srinivasan also highlights the role of the family in maintaining the stability of the institution of marriage
in India. He notes that families play a significant role in arranging marriages, providing financial and
emotional support, and mediating disputes between spouses. He argues that the family’s involvement in
the institution of marriage can provide a sense of security and stability, but can also be a source of
conflict and pressure.

In conclusion, The Golden Cage by K Srinivasan is an important contribution to the sociological discourse
on the stability of the institution of marriage in India. The book provides a comprehensive analysis of the
social, cultural, and economic factors that contribute to the stability of the institution of marriage, as
well as the challenges faced by the institution in the modern era. It is a must-read for anyone seeking to
understand the complexities of marriage in the Indian context and the challenges faced by individuals
and families in maintaining this institution.

3.Changing trends of divorce in India: Issues and concerns by Pinto


Vincent and Laveena D’ Mello, 2018
Marriage is considered a sacred institution in India, and divorce was not widely accepted in society until
recently. However, in the past few decades, there has been a significant shift in social attitudes towards
divorce in India. The article “Changing Trends of Divorce in India: Issues and Concerns” by Pinto Vincent
and Laveena D’ Mello, published in 2018, explores the reasons behind this change and the various issues
and concerns associated with it.

The authors note that the divorce rate in India has been steadily increasing over the past few decades,
particularly in urban areas. In 2016, there were over 100,000 divorce cases pending in various courts
across the country, which indicates a significant rise in the number of divorce cases. This trend can be
attributed to several factors, including changing social attitudes, economic independence, and
increasing awareness of legal rights.
One of the primary reasons behind the increasing divorce rate in India is the changing social attitudes
towards marriage and divorce. In the past, marriage was considered a lifelong commitment, and divorce
was often seen as a taboo. However, with the advent of globalization and the influence of Western
culture, the younger generation is more open to the idea of divorce. The authors note that this change
in attitude is particularly prevalent in urban areas, where people have more exposure to different
cultures and lifestyles.Another factor contributing to the rise in divorce rates is the increasing economic
independence of women. Traditionally, women in India have been financially dependent on their
husbands, which made it difficult for them to leave an unhappy marriage. However, with more women
entering the workforce and becoming financially independent, they are more likely to leave an unhappy
marriage and seek a divorce.

In conclusion, the paper “Changing Trends of Divorce in India: Issues and Concerns” by Pinto Vincent and
Laveena D’ Mello highlights the changing social attitudes towards divorce in India and the various
factors contributing to the rise in divorce rates. While the authors acknowledge the benefits of legal
reforms in making divorce more accessible, they also highlight the need to address the issues and
concerns associated with the increasing divorce rate, particularly the impact on children and elderly
couples.

4.Marriage and divorce law manual by Kusum, 2000

Marriage and divorce are two significant events that have legal implications. In India, the laws
surrounding marriage and divorce can be complex and confusing for many individuals. To provide a
better understanding of these laws, Kusum’s “Marriage and Divorce Law Manual,” published in 2000,
serves as a valuable resource for those seeking to navigate the legal system.

The article is divided into two sections, one dealing with marriage law and the other with divorce law.
The section on marriage law provides a comprehensive overview of the legal requirements for marriage
in India. It covers topics such as the minimum age for marriage, registration of marriages, and the
different types of marriages recognized under Indian law. The article also covers the legal rights and
obligations of married couples, such as property rights and maintenance.

5.Matrimonial law in India by M.P Jain,1962


Matrimonial law in India has undergone several changes since its inception, and M.P Jain’s article,
“Matrimonial Law in India,” published in 1962, provides an in-depth understanding of the legal
framework surrounding marriage and divorce in India during that period. Despite being written over five
decades ago, the book still serves as a valuable resource for those interested in the history of
matrimonial law in India.
The article Is divided into two sections: Hindu Law and Mohammedan Law. The section on Hindu Law
provides an in-depth analysis of the legal framework governing marriages between Hindus, including the
various types of Hindu marriages recognized under the law, the requirements for a valid Hindu marriage,
and the legal rights and obligations of married couples. It also covers issues such as maintenance,
property rights, and divorce under Hindu law.

One of the key strengths of the book is its detailed analysis of the legal concepts and principles .Another
strength of the article is its historical perspective. Matrimonial law in India has undergone significant
changes since 1962, and the article provides a valuable insight into the legal framework that existed
during that period. However, one limitation of the book is its focus on Hindu and Muslim law, neglecting
other religions that have their own set of matrimonial laws. Also, the book does not reflect the changes
in matrimonial law that have taken place since its publication. Readers should, therefore, cross-check
the information provided in the book with the latest legal updates.

In conclusion, M.P Jain’s “Matrimonial Law in India” serves as an essential resource for legal
practitioners and scholars interested in the history of matrimonial law in India. Its detailed analysis of
Hindu and Mohammedan law provides an excellent insight into the legal framework that existed during
that period. While it may not reflect the latest legal updates, the book still serves as a valuable reference
material for anyone seeking information on the history of matrimonial law in India.

6.Desirability of instant divorce by the judiciary: A critique by daljeet


Singh,2003

Instant divorce, also known as triple talaq, is a practice in Islamic law where a husband can divorce his
wife by saying “talaq” three times. This practice has been a topic of controversy in India, with many
arguing that it violates women’s rights and that it should be banned. However, some have argued that
the judiciary’s interference in personal matters such as divorce is not desirable. In his article,
“Desirability of instant divorce by the judiciary: A critique,” Daljeet Singh provides a critical analysis of
this argument.

Singh argues that the judiciary’s role in regulating divorce is necessary, especially in cases where the
practice of instant divorce is being used to oppress women. He argues that instant divorce violates the
principles of natural justice, as it denies women the opportunity to be heard and to defend themselves
against accusations made by their husbands. Singh also argues that the practice is inconsistent with the
principles of gender equality enshrined in the Indian Constitution.

Singh also critiques the argument that instant divorce is a matter of religious freedom. He argues that
the practice is not an essential part of Islamic law and that there are alternative ways to divorce that are
consistent with Islamic principles and also protect women’s rights. He further argues that the judiciary’s
role in regulating instant divorce is necessary to ensure that Islamic law is interpreted in a way that is
consistent with the principles of gender equality and natural justice.
In conclusion, Singh’s article provides a critical analysis of the argument that the judiciary’s interference
in personal matters such as divorce is not desirable. He argues that instant divorce is not a purely
personal matter but a matter of public interest, and that the judiciary’s role in regulating divorce is
necessary to ensure that women’s rights are protected. While some may argue that instant divorce is a
matter of religious freedom, Singh’s analysis suggests that it is possible to interpret Islamic law in a way
that is consistent with the principles of gender equality and natural justice. Therefore, he argues that
the judiciary’s interference in regulating instant divorce is both desirable and necessary.

Singh acknowledges the argument that the judiciary should not interfere in personal matters such as
divorce. However, he argues that instant divorce is not a purely personal matter, but rather a matter of
public interest. The practice affects not only the couple involved but also their families and the wider
community. Singh argues that the judiciary’s role in regulating divorce is necessary to ensure that
women’s rights are protected and that the practice of instant divorce is not used to oppress them.

7.Ethics of divorce in ancient India by RNR Sharma,1931


Divorce has been a subject of debate and discussion for centuries, and ancient India was no exception.
In his article, “Ethics of Divorce in Ancient India,” published in 1931, RNR Sharma provides a detailed
analysis of the ethical and moral considerations surrounding divorce in ancient India.

Sharma begins his analysis by examining the different types of marriages recognized in ancient India,
including monogamy, polygyny, and polyandry. He notes that divorce was recognized as a legitimate
means of ending a marriage in ancient India and that the rules governing divorce varied depending on
the type of marriage.

Sharma then explores the ethical and moral considerations surrounding divorce in ancient India. He
notes that divorce was viewed as a last resort, and that couples were encouraged to resolve their
differences through mediation and other means before resorting to divorce. Sharma argues that this
approach was consistent with the ethical and moral values of ancient India, which emphasized the
importance of maintaining family and social harmony.

In conclusion, Sharma’s book provides a valuable insight into the ethics of divorce in ancient India. He
notes that divorce was recognized as a legitimate means of ending a marriage in ancient India, but that
it was viewed as a last resort and a serious decision that should be made only after careful
consideration. Sharma’s analysis suggests that the ethical and moral values of ancient India emphasized
the importance of maintaining family and social harmony, and that divorce was viewed as a means of
achieving this goal rather than a stigmatizing act.

8.Extra ‘Judicial khul’ divorce in India’s muslim personal law by S


Vatuk,2019
In India’s Muslim Personal Law, “khul” divorce refers to the process by which a Muslim woman can
obtain a divorce from her husband through the intervention of a religious authority. In recent years,
there has been an increasing trend towards “extra-judicial khul” divorce, where women seek a khul
divorce outside the formal legal system. In her article, “Extra-Judicial Khul Divorce in India’s Muslim
Personal Law,” published in 2019, S. Vatuk examines this trend and its implications.

Vatuk begins by providing an overview of the process of khul divorce in India’s Muslim Personal Law. She
notes that under this law, a woman can seek a khul divorce on the grounds of incompatibility, cruelty, or
desertion. The process typically involves the woman offering a financial settlement to her husband in
exchange for a divorce. The settlement is negotiated with the help of a religious authority, who acts as a
mediator.Vatuk then examines the trend towards extra-judicial khul divorce, where women seek a khul
divorce outside the formal legal system. She notes that this trend has emerged in response to the slow
and costly nature of the formal legal system. Women who seek a khul divorce through the formal legal
system often face long delays and high legal fees, which can make the process unaffordable for many.

In conclusion, Vatuk’s article provides a valuable insight into the trend towards extra-judicial khul
divorce in India’s Muslim Personal Law. She notes that while this trend has some advantages, it also has
some risks associated with it. Vatuk’s analysis suggests that there is a need for greater awareness and
regulation of this trend to ensure that women who seek a khul divorce outside the formal legal system
are able to do so safely and with their rights protected.

9.Irretrievable breakdown of marriage as an additional ground for


divorce by Jaya.V.S,2006
In 2006, Jaya V.S. published an article on the topic of “Irretrievable Breakdown of Marriage as an
Additional Ground for Divorce.” The article explores the concept of irretrievable breakdown of marriage
and its potential as a new ground for divorce in India.

Jaya V.S. begins by explaining the current grounds for divorce in India, which are primarily fault-based,
including cruelty, desertion, adultery, and mental or physical illness. However, fault-based divorce can
be a lengthy and costly process, requiring significant time and resources to prove the fault of one party.
This can result in an unnecessarily protracted and acrimonious divorce process, which can be especially
difficult for children involved.

To address these concerns, Jaya V.S. argues for the recognition of irretrievable breakdown of marriage
as a new ground for divorce in India. Irretrievable breakdown refers to a situation where the marriage
has broken down irreparably and cannot be salvaged. This can be due to a range of factors, such as
mutual incompatibility, lack of communication, or long-term separation.

Jaya V.S. notes that several other countries, such as Australia and the United Kingdom, have already
recognized irretrievable breakdown as a ground for divorce. In these countries, the process of divorce is
less adversarial, less expensive, and less time-consuming, as couples are not required to prove fault in
order to obtain a divorce.
Jaya V.S. concludes by calling for a re-evaluation of the current fault-based system of divorce in India,
and for the recognition of irretrievable breakdown as an additional ground for divorce. She argues that
this would make the divorce process less adversarial and less traumatic for all parties involved, and
would provide a more modern and compassionate approach to divorce law in India.

10.Varying judicial responses to dissolution of marriage by


V.Kumar,2010
In 2010, V. Kumar wrote an article on the varying judicial responses to dissolution of marriage in India.
The article explores the different approaches taken by Indian courts in dealing with divorce cases,
highlighting the challenges and inconsistencies in the legal system. Kumar begins by noting that the
Indian legal system recognizes several grounds for divorce, including cruelty, adultery, and desertion.
However, the application of these grounds is often subject to interpretation by the courts, leading to
inconsistencies in the legal system.

Kumar cites several examples of these inconsistencies, including cases where one court grants a divorce
on the grounds of cruelty, while another court denies a divorce on the same grounds. This can create
confusion for couples seeking a divorce, as well as for legal professionals working in the field.

Kumar concludes by calling for a more uniform and consistent approach to divorce law in India, one that
is grounded in principles of compassion and empathy. He suggests that this can be achieved through the
development of clear legal guidelines for the interpretation and application of divorce law, as well as
through greater sensitivity to the human impact of divorce on all parties involved. Ultimately, he argues,
a more compassionate and consistent legal system will better serve the needs of families and individuals
seeking to dissolve their marriages.

11.Maintainence of divorced wives: Indian Supreme court vs Shariat


by Mohammad Farogh Naseem,1988

In 1988, Mohammad Farogh Naseem published an article on the issue of maintenance of divorced wives
in India, and the conflict between Indian Supreme Court rulings and Shariat law.

Naseem notes that the issue of maintenance of divorced wives has been a contentious one in India, with
conflicting views from different religious and legal authorities. Under Shariat law, a divorced wife is
entitled to maintenance only for the period of iddat, or three months after the divorce. However, the
Indian Supreme Court has taken a more liberal view, holding that divorced wives are entitled to
maintenance for an indefinite period.

Naseem argues that the Supreme Court’s ruling is based on principles of equity and fairness, and takes
into account the social and economic realities faced by divorced women in India. He notes that divorced
women are often left without financial support after a divorce, and may face significant difficulties in
finding employment and supporting themselves and their children.

However, Naseem acknowledges that there are concerns among some religious authorities that the
Supreme Court’s ruling goes against Shariat law. He notes that there have been calls for the government
to intervene and protect the rights of religious minorities, including Muslims who adhere to Shariat law.

Naseem concludes by arguing that while there may be differences of opinion on the issue of
maintenance of divorced wives, the Supreme Court’s ruling represents a significant step forward in
protecting the rights of women in India. He suggests that rather than seeking to overturn the ruling,
religious and legal authorities should work together to find ways to reconcile Shariat law with the
principles of social justice and equality enshrined in Indian law.

12.The Philosophy of Divorce in Indian legal Context: A Study of


Theories of divorce by H Mohanty, 2020

In 2020, H Mohanty published an article exploring the philosophy of divorce in the Indian legal context,
with a particular focus on the various theories of divorce that have been put forward by legal scholars
and philosophers.

Mohanty notes that divorce is a complex and multifaceted issue, with social, psychological, and legal
implications that must be carefully considered. He argues that a deeper understanding of the philosophy
of divorce is essential in order to develop a more nuanced and effective legal framework for dealing with
divorce cases in India.

Mohanty begins by outlining the various theories of divorce that have been proposed by legal scholars
and philosophers. These include fault-based theories, which focus on the wrongdoing of one or both
parties in the marriage; no-fault theories, which emphasize the breakdown of the marriage as a whole;
and hybrid theories, which take a more nuanced approach that combines elements of both fault and no-
fault.

Mohanty also emphasizes the importance of considering the broader social and cultural context in
which divorce occurs. He notes that divorce can have significant implications for families, communities,
and society as a whole, and that these implications must be taken into account when developing legal
frameworks for dealing with divorce cases.

Ultimately, Mohanty argues that a more holistic and nuanced approach is needed in order to develop a
legal framework that is sensitive to the complex and varied nature of divorce in India. He suggests that
this can be achieved through a combination of legal and philosophical analysis, as well as a deeper
understanding of the social, psychological, and cultural factors that contribute to divorce. By developing
a more nuanced and effective legal framework, he suggests, India can better serve the needs of
individuals and families seeking to dissolve their marriages, while also upholding the broader principles
of social justice and equality enshrined in Indian law.
13.Family disorganisation and divorce in Indian communities by MB
Fonseca, 1963

In 1963, MB Fonseca published an article exploring the relationship between family disorganisation and
divorce in Indian communities. Fonseca argued that family disorganisation was a significant contributing
factor to the rising rates of divorce in India, and that this trend was driven by a combination of social,
economic, and cultural factors.

Fonseca began by noting that divorce was traditionally rare in Indian society, with marriage considered
to be a lifelong commitment. However, he observed that in the mid-20th century, divorce rates had
begun to rise rapidly in many parts of India, particularly among urban, middle-class communities.

Fonseca argued that one of the key factors driving this trend was the increasing disorganisation of
traditional Indian family structures. He noted that the extended family system, which had been the
norm in many Indian communities, was breaking down, with more and more people living in nuclear
families or as individuals. This trend was driven by a variety of factors, including urbanisation,
industrialisation, and changing social norms.

Fonseca argued that this disorganisation of family structures had a number of negative consequences
for marriage and family life in India. He noted that individuals who were disconnected from their
extended families were more likely to experience loneliness, stress, and social isolation, which could put
a strain on their marriages. He also argued that the breakdown of the extended family system had made
it more difficult for couples to access the social and emotional support they needed to weather the ups
and downs of married life.

Overall, Fonseca’s article provides a fascinating insight into the factors driving the rising divorce rates in
India in the mid-20th century. He argues that family disorganisation, driven by a combination of social,
economic, and cultural factors, was a significant contributing factor to this trend. His analysis is a
reminder that divorce is a complex and multifaceted issue, with deep roots in the social and cultural
fabric of society.

14.Marriage dissolution in India by S Jacob, 2016

In 2016, S Jacob published an article exploring the process of marriage dissolution in India. The article
provides a comprehensive overview of the legal framework governing marriage dissolution, as well as
the social and cultural factors that influence the decision to seek a divorce.

Jacob begins by noting that marriage dissolution is a relatively new phenomenon in India, with divorce
being legalized only in 1955. However, he observes that since then, divorce rates in India have been
steadily increasing, with an estimated 1 in 7 marriages ending in divorce. This trend has been driven by a
variety of factors, including changing social attitudes towards divorce, economic factors, and the
growing independence of women.

Jacob notes that the legal framework governing marriage dissolution in India is complex and can vary
depending on the religion of the parties involved. For example, Hindu couples seeking a divorce must
follow the Hindu Marriage Act, while Muslim couples must follow the Muslim Personal Law. Jacob notes
that this legal framework can sometimes create confusion and inconsistencies, with different courts
interpreting the law in different ways.

Despite these challenges, Jacob notes that the legal framework for marriage dissolution in India is
generally robust, with clear procedures and protections in place for both parties. For example, the law
requires that both parties must provide valid grounds for seeking a divorce, such as cruelty, adultery, or
desertion. The law also provides for the division of property and financial assets, as well as provisions for
child custody and maintenance.

Overall, Jacob’s article provides a thorough and informative overview of the legal and social factors that
influence marriage dissolution in India. It highlights the complex and multifaceted nature of divorce in
India, and the challenges that individuals and couples face when seeking to dissolve their marriages.

15. Of Marriage, Divorce and Criminalisation by Anindita


Chakrabarti,2022

In 2022, Anindita Chakrabarti published an article exploring the criminalization of marital rape in India,
and its implications for marriage and divorce.

Chakrabarti notes that until recently, marital rape was not considered a crime in India. However, in
2017, the Indian government passed a law criminalizing marital rape in certain circumstances. This law
has been controversial, with some arguing that it undermines the sanctity of marriage and could lead to
an increase in false accusations.

Chakrabarti argues that criminalizing marital rape is an important step towards protecting the rights of
women in India, who have long been subject to sexual violence within their marriages. She notes that
marital rape is often underreported, and that women who do report it may face social stigma and
retribution from their families and communities.

Chakrabarti also discusses the implications of criminalizing marital rape for marriage and divorce in
India. She notes that the criminalization of marital rape could make it easier for women to seek divorce
on the grounds of cruelty, which includes physical and sexual violence. She suggests that this could lead
to an increase in divorce rates in India, particularly among women who have been victims of marital
rape.

Overall, Chakrabarti’s article provides a thoughtful and nuanced analysis of the criminalization of marital
rape in India, and its implications for marriage and divorce. She highlights the importance of protecting
the rights of women within their marriages, while also acknowledging the potential challenges and risks
associated with criminalizing marital rape. Her article is an important contribution to the ongoing debate
about gender and sexuality in India, and the role of the legal system in protecting the rights of women

16.Wheatish grooms and ‘innocent’ divorcees: Commodifying


attributes in the discourse of Indian matrimonials by Srilakshmi
Ramakrishnan,2012

In her 2012 article, Srilakshmi Ramakrishnan explores the ways in which the Indian matrimonial market
commodifies certain attributes, particularly those related to skin color and marital status.

Ramakrishnan notes that in the Indian matrimonial market, there is a preference for “fair” skin among
both men and women. This preference has led to a thriving industry of skin lightening products and
treatments, and has also resulted in discrimination against darker-skinned individuals. However,
Ramakrishnan suggests that this preference for fair skin is not necessarily a new phenomenon, but
rather a continuation of historical caste-based discrimination in India, in which lighter-skinned
individuals were seen as superior.

Ramakrishnan’s article also explores the ways in which these attributes are marketed in the Indian
matrimonial market, through the use of terms such as “wheatish” (a term used to describe individuals
with medium skin tones) and “innocent” (a term used to describe divorcees who are seen as having
been victimized in their previous marriages). Ramakrishnan suggests that these terms are used to create
a sense of exclusivity and desirability, and to differentiate individuals in a crowded and competitive
matrimonial market.

Overall, Ramakrishnan’s article highlights the ways in which the Indian matrimonial market commodifies
certain attributes, and how these attributes are marketed to create a sense of exclusivity and
desirability. It also raises important questions about the impact of these trends on social norms and
values in India, particularly in relation to caste, skin color, and gender.

17.Indian marriage laws and mental disorders: Is it necessary to


amend the legal provision by C.L Narayan, 2015

In his 2015 article, C.L. Narayan discusses the intersection of Indian marriage laws and mental disorders,
and argues for the need to amend the legal provisions in order to better protect the rights and interests
of individuals with mental illnesses.

Narayan argues that instead of treating individuals with mental illnesses as legally incompetent, the law
should provide for greater protections and support. For example, he suggests that marriage laws should
require a mental health evaluation before marriage, in order to ensure that both parties have the
capacity to make informed decisions. Additionally, Narayan suggests that the law should provide for
specific protections for individuals with mental illnesses who are already in a marriage, such as access to
mental health treatment and support services.

Overall, Narayan’s article highlights the need for a more nuanced and inclusive legal framework that
recognizes the rights and needs of individuals with mental disorders in the context of marriage. By
providing greater protections and support, Narayan argues that the law can help to reduce
discrimination and promote greater social inclusion for individuals with mental illnesses.

18.Separated and divorced women in India by K Singh,2013

In her 2013 article, K. Singh explores the experiences of separated and divorced women in India, and the
challenges they face in accessing legal and social support.

Singh notes that divorce is still stigmatized in Indian society, and women who initiate divorce
proceedings may face significant social and economic repercussions. Additionally, many women may
face barriers to accessing legal support, due to financial constraints, lack of knowledge about their
rights, and a lack of legal infrastructure in some areas.

Singh also highlights the ways in which cultural norms and traditional gender roles can limit the options
available to separated and divorced women. For example, many women may be expected to return to
their natal families after divorce, where they may face further stigma and discrimination. Additionally,
traditional gender roles may limit women’s ability to find employment or support themselves financially
after divorce.

Overall, Singh’s article highlights the complex challenges faced by separated and divorced women in
India, and the need for greater social and legal support to help women overcome these obstacles and
build new lives after divorce. By providing resources and support to women, and promoting greater
awareness of the needs and experiences of divorced women, Singh suggests that India can begin to
break down the cultural and social barriers that have traditionally limited women’s options and
opportunities after divorce.

19.Divorce,families and adolescents in India,A review of research by A


Thadathil,2020

In her 2020 article, A. Thadathil reviews existing research on the effects of divorce on families and
adolescents in India.
Thadathil notes that divorce rates in India have been increasing in recent years, and that the effects of
divorce on families and children can be significant. Research suggests that children of divorced parents
may be at greater risk for a range of negative outcomes, including mental health problems, academic
difficulties, and behavioral issues.

Thadathil highlights several key themes that emerge from the research on divorce and families in India.
For example, she notes that many adolescents experience feelings of guilt and responsibility for their
parents’ divorce, and may struggle with issues of loyalty and identity. Additionally, many adolescents
may face social stigma and discrimination as a result of their parents’ divorce, which can further
exacerbate feelings of isolation and vulnerability.

Overall, Thadathil’s review of research on divorce, families, and adolescents in India highlights the
complex and multifaceted nature of this issue, and the need for greater understanding and support for
families and children affected by divorce. By promoting greater awareness and empathy for the
challenges faced by families and adolescents in the aftermath of divorce, Thadathil suggests that India
can begin to build stronger, more resilient families and communities

20.Divorce trends in India by H Nanda, 2020


In her 2020 article, H. Nanda examines the trends of divorce in India and their implications for families
and society.

Nanda notes that while divorce rates in India have historically been low, they have been steadily
increasing in recent years. This trend is driven by a number of factors, including changing social norms
and attitudes towards marriage, increased financial independence for women, and greater awareness of
legal rights and protections.

Nanda argues that the rise in divorce rates is both a reflection of and a driver of broader societal
changes in India. As more women enter the workforce and gain greater financial independence, they are
less reliant on traditional family structures for support and security. Similarly, as younger generations
come of age in a more globalized and cosmopolitan India, they are increasingly exposed to new ideas
and ways of thinking about relationships and marriage.

Nanda concludes that the rise in divorce rates in India represents both a challenge and an opportunity
for families and society as a whole. While divorce can be a painful and difficult process, it can also serve
as a catalyst for positive social change, empowering individuals and families to pursue their own goals
and aspirations. Ultimately, Nanda suggests that the key to navigating this complex landscape lies in
greater empathy, understanding, and support for families and individuals affected by divorce, as well as
continued efforts to promote legal and social protections for all members of society.

Conclusion:

In conclusion, our review of 20 articles on divorce in India has shown that divorce is a complex issue with
far-reaching implications for individuals and society as a whole. While attitudes towards divorce are
gradually changing in India, there is still a long way to go in terms of ensuring that the legal framework is
fair and just for all parties involved. As India continues to modernize and evolve, it is likely that divorce
rates will continue to rise, making it all the more important for policymakers and civil society to address
the challenges and opportunities posed by divorce.

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