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The High Rate of Divorce in India and its Effect on Society

High Rate of Divorce in India
Matrimonial Disputes » The High Rate of Divorce in India and its Effect on Society

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Divorces have always been taboo in Indian society. The acceptance of patriarchy as the dominant and ‘honorable’ social norm has always ensured that women bore the brunt of unhappy marriages. However, the influx of western ideals of individualism, equal rights, and opportunities for both sexes, and the move from joint or extended families to nuclear ones have slowly eroded the hold of patriarchy over the fairer sex in India.

Also Read:- The Grounds For Divorce Under Divorce Law 2021

Grounds for Divorce

Whether it be the Hindu Marriage Act, 1955, the Dissolution of Muslim Marriages Act, 1939,  the Indian Divorce Act, 1869, or The Parsi Marriage and Divorce Act, 1936, the grounds for family law divorce in India is more or less the same or similar across them. According to section 13 of the Hindu Marriage Act, 1955, which is the main marital law in India, governing the divorce proceedings of Hindus, Sikhs, Jains, and Buddhists, there are two types of divorce petitions – contested and uncontested. Let us discuss some of the reasons that are valid for filing for a divorce.

  • Adultery
  • Cruelty
  • Desertion
  • Conversion
  • Mental Disorder
  • Venereal Disease
  • Non-resumption of cohabitation
  • Non-restitution of conjugal rights
  • Presumed Dead
  • Renouncement

Common Reasons for Divorce

In India, marriages are more than just the union of two people. Here, marriage often marks the beginning of an intermingling between two families. These ties extend to the community level as well and hence, our country has some unique factors that contribute to divorce compared to the rest of the world.

Some of these India-specific reasons are mentioned below.

  • Women are getting more independent as education is percolating down to the lowest strata of society. This was not the case before when women were just supposed to take care of the household.
  • Interference by family and close friends is another reason for divorce in our country, where communities have a stronger role to play in a person’s life.

Some of the top reasons for divorce in the wider global context are-

  • Lack of Commitment or Intimacy
  • Miscommunication (Unrealistic expectations and excessive arguing)
  • Infidelity
  • Domestic Abuse
  • Lack of Preparation for Marriage
High Rate of Divorce in India

Source : unifiedlawyers

New Rules for Mutual Divorce In India 2021

However, not all is bleak as the judiciary in recent times has taken steps to control the damage done by the outdated marital law India. From January 2022, the grounds for divorce have expanded and now include as valid grounds for divorce:

  • Domestic violence
  • Dowry harassment 
  • Child marriage

There have been other historic judgments too, which have set in motion new laws to protect the interest of both parties in case of mutual divorce in India.

  • Reprieve from the 6-month cooling-off period
  • Decriminalization of Adultery
  • Ban on Triple Talaq
  • Only Civil Courts Can Order a Divorce


Also Read:- The Grounds For Divorce Under Christian Law In India

Impact on Society

The impact of the new rules for mutual divorce in India 2021 has seeped into the deepest and darkest cracks of Indian society – which enforced the subjugation and oppression of women under the guise of propriety and goddess worship. The rise in divorces is just the effect of women finally being able to step up and away from these traditionally enforced duties of sacrifice and silence. Some of the ways in which these new laws have impacted Indian society for the better are mentioned below.

Inclusion of new Grounds for Divorce

Marital violence-related deaths are slowly going to decrease as domestic violence, dowry harassment, and child marriage are now valid grounds for divorce in India. Women are speaking up against abuse and mistreatment more and more as these new laws have brought them hope. That is one of the main reasons for the steep rise in the number of women filing for divorce. 

The pie chart below shows the percentage of both genders searching for divorce online from December 2021 to December 2022.

High Rate of Divorce in India

Source : Adjuvalegal

Decriminalization of Adultery

The decriminalization of adultery will make it less stressful for men who go through a divorce on the grounds of adultery. Oftentimes, estranged partners file for divorce out of spite. This new law will ease the pressure of having to pay for maintenance on a regular basis on top of a hefty fine that used to be levied earlier for the criminal offense of committing adultery.

Reprieve from the 6-month cooling-off period

The removal of the mandatory cool-off period will allow couples to hire the best divorce lawyer to get the mental ordeal of separation over quickly when they know that their marriage can’t be saved. That way, they can go back to living fulfilling lives quicker and save themselves a lot of mental trauma.

Ban on Triple Talaq

The abolition of triple talaq has given back fundamental rights to Muslim women throughout the country who had been denied any say in a divorce proceeding previously by this draconic practice.

Only Civil Courts Can Order a Divorce

The decision to only let civil courts have the jurisdiction to grant a divorce should save thousands of marginalized women without proper income or education, who were previously left with nothing when their religious village leaders would take matters into their own hands. They can now approach the court for getting a proper divorce which might give them a better chance at life than a family law divorce as the court might grant them maintenance from the husband.

Conclusion

India has had one of the lowest rates of divorce globally, around 1.1%. While divorces globally are initiated by women more often than men, divorce in India has historically seen the opposite trend, with men filing for divorce more than women. However, this is slowly changing as divorces filed by women are now rising rapidly. Deccan Herald pointed out that the number of divorce filings has gone up from 0.50 per 1000 marriages in 1988 to 13 per 1000 in 2019.

Here is the census data for divorce cases per 1000 in India, from 1988 to 2015.

Source : Quora

Still, fighting a divorce can be mentally draining for anyone. That is why it is a good idea to let a reputed law firm like LEX Solutions handle your divorce case. They can get you the best divorce lawyer on your team, ensuring that you don’t have to deal with any more harassment or pain while going through a tough time

FAQs

1. Is Leprosy a valid reason for divorce?

Yes, leprosy falls under the category of venereal disease according to the Hindu Marriage Act, 1955.

2. What are the conditions for filing a mutual divorce?

There are 3 conditions – the partners have to live separately for at least 1 year or more; they have been unable to live together; they should mutually agree that their marriage is irreparable and should be dissolved.

3. What is the maximum amount of maintenance I can get as alimony and child support?

There is no minimum or maximum limit too when it comes to support (alimony or maintenance).

4. What is meant by non-restitution of conjugal rights?

Non-restitution of conjugal rights means cohabitation has not been restored even after a judicial decree has been passed in a previous proceeding or either partner has wilfully refused to consummate the marriage.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.

FAQs

  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.