A Dismal picture regarding the life and problems of A

Divorced Woman in Indian Society : A Legal Study

ABSTRACT
Divorce is at present very burning topic which leads to psychological, social and economical
damages of women. We all know that women are second class citizens in our society. Even an
educated working woman has faced opprobrium of the society. Divorce as a social issue which
involves the legal dissolution of marriage and the couple is separated. A divorce happen after a
husband and wife decided not to live together anymore due to their family problem. They agree
to sign legal paper that makes them each single and again allow them to marry other people if
they want to do so. In addition, the study investigated pre and post-divorce challenges and
problems faced by divorced women. Divorcee women faced various difficulties and challenges
related to social, familial, financial, emotional and psychological problems. In this legal study
the researcher wants to establish how much problems the women have faced as rate of divorce is
rapidly increased and to give suggestions in curbing the problems.

Keywords: divorce, psychological, financial

INTRODUCTION
Woman, it is very simple to say those who like very simple answers, woman is that who has a
womb, an ovary; she is a female; moreover she has a capacity to give birth naturally, all these
words are enough to define her. From a man’s mouth, the epithet ‘female’ sounds like an insult,
but he is not ashamed of his brutality, is proud to hear that he is a male. According to renowned
French educationist, feminist, philosopher, columnist Simone de Beauvoir in her classical work
“The Second Sex” stated that the term “female” is expressing contempt not because it roots
woman in nature but because of it confines woman in her sex and if this sex, even in an
innocent animal seems despicable and on enemy to man. 1 Women in the world are always faced
deplorable conditions, they are harassed, tortured, sexually assaulted and have been driven by
superiority of men. The word ‘female’ includes saraband of images: an enormous round ovum
snatching and castrating the agile sperm, here in biological sense female gamete plays passive

1
Simone de Beauvoir, The Second Sex, 1949 ,page no 21, VINTAGE BOOKS, LONDON

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role whether male gametes are active; not only in the human society but also other animals too;
the praying mantis and the spider, gorged on love, crushing their partners and gobbling them up:
the monkey showing herself off brazenly, sneaking away with flirtatious hypocrisy. And
moreover wildcat, tigress, lioness and the panther, lie down slavishly under the male’s imperial
embrace, impatient, shrewd, stupid, lewd, fierce and humiliated. Man projects and treats all
females at once on to woman. And the fact is that she is female.

In the ancient Greek thought can be found many ideas which have endured the later ideology:
the concepts of public and private life which are allegedly distinguishable as the women are
confined in the private sphere, considerations of equality based on gender, men are always
thought that women are physically weak than men, therefore women are dominated, subjugated
and under the control of patriarchy. However, eighteenth, nineteenth and twentieth feminist
campaigns for the elimination of various discriminatory laws which prevented women from
participating fully in civic life which mark the origin of contemporary feminist thought. In
Europe, during the First World War, the depression of the inter- war years, the Second World
War and the subsequent struggle for economic recovery and rebuilding of societal changes,
resulted in a quiet phase for women endeavors . In United Kingdom the struggle for the vote
for women over the age of 30 years was achieved in the year of 1918 and full franchise on the
basis of equality between men and women in the year of 1928.

In 1949, the famous French feminist Simone de Beauvoir in her seminal work The Second Sex
was published and the movement was geared up. Simone de Beauvoir’s work will forms a
foundation for feminist analysis and focusing on various matters like gender difference and
issues on dominant and subordinate status of men and women respectively in the society. The
core theme running through de Beauvoir’s work is that women of being the “Other”. By using
this term Beauvoir wants to say that the whole construction of the society whether it is
political, social, economic, language, religion all rests on the assumption that the world is male
as every sphere men are in dominating and powerful position and they are trying to hold the
main position of the society, women on the other hand, are excluded from these constructions.
As women are “Other”. Through nurturance, brought up and socialization the female child
learns to become a woman. As according to de Beauvoir argues, are socially constructed rather
than biologically determined. In her famous quotation “One is not born, but rather becomes

2
 woman. No biological, physical or economic destiny defines the figure that the human female
takes on in society; it is civilization as a whole that elaborates the intermediary product
between the male and the eunuch that is called feminine”. In the womb the male and female are
biologically different but taking birth the societal issues forced to change them. During
childhood there is no difference in their behavior and no concept of subjectivity and
objectivity. Men are absolute, men are subject and women are treated as Other. Here the two
categories of Self and Other are as” primordial as consciousness itself”. In all societies there is
essential and the inessential, the Self and Other, duality are always seen in the society. Not
even the past days, even such duality present in our society. With the emergence of
jurisprudence and legal theory as both of them are instruments of ordering of gender neutral
persons, while at the same time subconsciously addressing only the essential male. The idea of
“The Other” is representative of linguistic analysis which is premised on binary opposites.
Here the concepts of linguistic matters contain primary and subordinate characteristics. To
understand the word presence, an understanding of its opposite absence must be incorporated.
When considering the term ‘ masculine‘, its oppositional term ‘ feminine’ must be
incorporated. Here one word is used as primary and another is subordinate sense. Law, which
is based on the situation of the society, adopts social construction of gender and this is
translated into legal norms. The Feminist jurisprudence emerged out almost 50 years ago
through the path breaking classic work like Mary Wollstonecraft’s A Vindication of The
Rights of Women (1792) and J. Stuart Mill and Harriet Taylor’s The Subjection of Women
(1869). Its origin can be explained through the realism, critical legal studies and number of
ways. During the end of 1960s and middle of 70s, there were lots of changes in the United
States of America. Critical legal scholars and feminist legal scholars revitalized the situations.
In 1983 the CLS conference devoted a section of conference to feminism specifically. There
was huge wave of feminism spreading not only in United States but also several countries like
Australia, France, Canada and even India. Many renowned “fem- critics” emerged.2

From the wave of Feminism in the western countries, gradually the development of women have
also emerged in India, South-East Asian countries, Africa and many Islamic States. The status of
women in the society is totally controlled and dominated by the male because males are the

2
LLOYD’S Introduction To Jurisprudence, 9th Edition, Page no 1079, Michael Freeman FBA, Sweet AND
Maxwell.

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subject and women are the object of the society. The tyranny of objectivity should be stopped
and given the equal status to the women as there is no difference between men and women apart
from their biological differences. As distinct from sex and which is personal biological factor
based on the nature, the image of gender surpasses more distinction between women and men,
and represents cultural, socio-economic and psychological factors which make one class strong
over the other. Gender stands for the characteristics of men and women which are socially
determined rather than biologically identified. In practice, gender inequalities generate biases in
favour of men and against women in relation to work, sharing of benefits, enjoying of human
rights and following of tradition. Feminist movement leads to empowerment of women in
different sectors of the society.

We all know the term feminism has many misconceptions. The objective of the feminist
movement is trying to change the subordinate status of women. Western liberal feminism, the
laws which serve that tradition and legal theory which presents analyses of law, portray
themselves as class-, age-, race and gender-neutral. It is this well sustained myth of law’s
neutrality to gender (in particular) which feminist legal theorists seek to unmask and bring into
the clear light of day in order to bring about societal change. As has been seen, the task is
political or legal or societal. There are several social issues which women have faced in everyday
life. One of them is Divorce. Now a days divorce or dissolution of marriage is very common
incident when mental wavelength of two partners are different and which leads to separation of
marriage.

Divorce as a social issue which involves the legal dissolution of marriage and the couple is
separated. A divorce happen after a husband and wife decided not to live together anymore due
to their family problem. They agree to sign legal paper that makes them each single and again
allow them to marry other people if they want to do so. In addition, the study investigated pre
and post-divorce challenges and problems faced by divorced women. Divorcee women faced
various difficulties and challenges related to social, familial, financial, emotional and
psychological problems. Divorce women heavy family support was facing fewer problems in
comparison to those women having no family support.

Divorce is the “legal dissolution of a socially and legally recognized marital relationship that
alters the obligations and privileges of the two persons involved. It is also a major life transition

4
that has far-reaching social, pathological, legal, personal, economic, and personal consequences”.
In general terms it is considered as the ending of a marriage. A breakup in relationship is
certainly the most terrible situation for a person that results into an emotional setback. The
mental health indicators which are affected by divorce relate to depression, anger, low self-
esteem, and anxiety. The person concerned may blame himself/herself for such a mishap.
“Divorce leads to poor psychological and physical health in women”.

Divorce has become a serious problem; challenging the establishment of the family in a routine
manner and causing severe impacts on the emotional and mental health of the individual
especially, women. Since women are considered as the binding force in the family, they are
believed to be responsible for whatever wrong is done. It has been argued that women invest
more in the family, take a larger responsibility for marriage, and therefore perceive divorce as a
greater failure than men do. I have defined divorce as judicial separation of the spouses and
completely disruption of their marital relations. This research has been focused to identify vital
causes of divorce under the specific circumstances; socio-economic differentiations,
occupational status, family background etc.

SOCIAL STATUS OF WOMEN IN ANCIENT, MEDIEVAL AND MODERN INDIA

Women are the embodiment of divine virtue and purity blessed with sweetness of speech and
beauty from the god. There were contradictory dialogues about women where some schools of
thought representing them to be ‘equals of men’ and other schools trying to spread hatred and
disrespect by projecting women to be weak minded and unworthy of trust. The status of women
witnessed a steady shift along with the phases of Indian society since from ancient to modern
times. The life of women was highly influenced by the social attitude and practices in the light of
philosophical ideologies. The sacred position granted to women found a shattered steady decay
with the time leading towards disrespect and injustice. Women started to regain the lost status
only in the later part of the nineteenth century. The injustice and deprivation caused due to the
shattered status can be compensated only through equity and justice. Equity in status can be
attained only through inclusive growth.

Ancient literature like Vedas, Brahmana, Upanishad, Grihya Sutra, Dharmasastra and Epics,
Smritis and Puranas have placed women with utmost respect and integrity. In Manu Smrithi it is

5
quoted that the families giving trouble to women will perish. Male and female are
complementary as ‘Purusha’ and ‘Prakriti’ even though they are bisexual by nature. The
‘Nalanda’ and ‘Thakshila’ Universities used to educate women in fine arts of music, dancing and
painting. Till Third B.C. the marriage was considered to be a ritual and marriageable age was
sixteen. These are the proof for having absolute status by women equally with men. Some school
of thought spread disrespect on women by spreading ill thought. Mahabharatha quotes about
‘Draupathi Vasthra Apaharana’ depicts disrespect on women. Ramayana incorporates that heart
of women is like sharp razor, as the real feelings of women cannot be understood by anyone.
Gradually issues of inequality and discrimination on women emerged as a result of custom .
Slowly women were confined to domestic works.

VEDIC PERIOD

‘Chaturvarna System’ prevailed with Brahman, Kshathriyas, Vaishyas and Shudras. ‘Brahmins’
offer prayers, ‘Kshathriyas’ defend the country, ‘Vaishyas’ engage in business and ‘Shudras’
serve the society. It was recognized that women are graced with grace, tenderness, peace,
affection, surrender and sacrifice. Brahmin and Kshathriya girls were trained in their occupation
and marriage was to achieve the objects of the life. ‘Brahma Vivah’ was the most approved form
of marriage among all class. Both husband and wife can perform religious sacrifices. Inter caste
marriage was accepted in the society. ‘Monogamy’ was the cultural trait and considered ideal
form of marital life which is replicated in the marriage of ‘Shiva and Parvathi’. ‘Manusmriti’
prescribes the code of conduct for the widow remarriage in the form of ‘Niyoga’ . Only joint
ownership of property was allowed to women but absolute right over her ‘Stridhan’. The
political status of women was very weak without voting power . The women were respected and
placed in highest esteem during Vedic period .

LATER VEDIC PERIOD

By the influence of subsidiary sciences, commentaries, religious texts the social position of
women started declining. The pre puberty marriages emerged with unpopularity for the sanctions
on widow remarriage between 300 B.C. to 200 A.D. ‘ Manu propagated unfair practice of ‘a
good wife adoring to a bad husband as a personal duty giving rise to slavery of wife towards
husband. Differential treatment for widowers and widows started with permission to widowers

6
were to remarry in the name of religious duties. The education was denied to women and age of
marriage was fixed at sixteen or seventeen. Laws encouraged polyandry forms of marriages.
‘Shastras’ permitted husband to contract second marriage if wife is suffering from incurable
diseases. Women were denied with the property right and equality due to caste system, joint
families, lack of education and racial discrimination.

ERA OF ANCIENT RELIGION

(i) Jainism:
Jainism rejected the sanctity of the Vedas, superiority of Brahmins, the sacramental
notion of marriage by propagating ‘Ascetiscism’ and ‘Ahimsa’. Women were permitted
to the religious order of nuns. Digambaras maintained nudity for perfection while the
Swethambaras encouraged white garments. The ‘Digambaras’ admitted the difficulty of
nuns to appear in public without cloths as an incompetency of women from salvation.
Jain philosophy allows men to leave their wives for taking monastic life. Nuns were
inferior to monks. Adultery was punished and there was no regular convents for Nuns.
They were the victims of Seduction, Molestation and Rape. The children born due to
atrocities against women shall not be condemned.

(ii) Buddhism:
The conversion of Mauryan emperor Ashoka to Buddhism made it the most important
religion in the whole Asia. Wife occupied equal position with the husband. Buddha
emphasized on the fruitful role of women as wife and mother. Husband considers the
wife as a friend, companion and a partner for life. She can participate in her husband’s
trade, occupation and business. The birth of a daughter is not considered to be a worry. It
does not restrict educational opportunities or religious freedom for women. Women is
permitted to the order.

(iii) Islam:
The Noble Quran honors women and treats her with justice. They are granted with the right of
inheritance and education. Women can perform all religious ordinances including prayer,

7
fasting, zakat, pilgrimage etc. Allah assigns guardianship of women to the man by virtue of
Quran. The blood money’ payable for accidental homicides were equal for men and women.
The religion protects the moral, decency, reputation and dignity of women by preserving their
decency, dress and ornamentation. Marriage is a civil contract and women can claim ‘Mahr’ the
bridal money from husband. Among Shia’s muta marriages where, a couple marries for a
stipulated period was prevalent. Islam permits divorce according to Qur’an along with a right of
women for maintenance. ‘Iddah’ is a waiting period where a divorced woman is not free to
marry anyone. Marriage does not give the husband any rights over the property of his wife. The
‘Pardha’ became popular among upper classes.

MEDIEVAL PERIOD

Status of women deteriorated due to the reduction of age for education to eight and
sanction on widow marriage disappeared by the end of 500 A.D. The ‘Mughal’ age introduced
new customs in the form of ‘Purdah’. Ramanujacharya introduced ‘Bhakti Movement’ during
15th Century to seek changes in the social and religious rights of women. The Bhaktas like
Chaitanya, Guru Nanak, Meera, Kabir, Ramdas stood for the right of women. Women education
was emphasized and saints were prohibited from choosing ‘Sanyas’ without the consent of the
wife. The economic rights of women were untouched, hence the women continued to hold low
status in the society.

BRITISH REGIME

The emergence of Christianity rooted the colonial rule by British. Apostle Thomas built churches
and started preaching Christianity in the south India. The Biblical doctrines gave equal status to
women . During 16th Century, the Roman Catholic Church engaged in Evangelic work in India.
The Protestant Christianity was popularized with the activities of German Lutherans during 18th
Century. Women were allowed to travel, engage in occupation, prohibited child marriage,
supported monogamy etc. Will of the women was important in wed lock. Women were granted
with the right over property, enter into contracts, political rights, equal religious rights and
8
religious right to read Bible, attending prayer and religious activities. Missionaries encouraged
formal and informal education. The Hunter Commission recommended for women education in
1882. The Social Reformers including Raja Ram Mohan Roy, Ishwarchand Vidyasagar, M.G.
Ranade, Mahatma Phule, Lokhitwadi raised voice against the unjust practices against women.
Dayandand Saraswati, Swami Vivekananda and Annie Beasant presumed building an ideal
society by reviving the old Vedic society. Ishwarchand Vidyasagar launched movement for
widow remarriage and women education. Many reformatory laws like Bengal Sati Regulation
Act 1829, Hindu Widow’s Remarriage Act 1859, The Indian Penal Code 1860, Indian Divorce
Act, 1869, The Married Women’s Property Act 1874 were passed. The Social Reform
Movement generated social consciousness and granted liberation for women against social evils
and granting equal rights in the society . Bharath Mahila Parishad an womens organisation was
founded in 1904. Bharat Stri Mahamandal founded was founded in 1910. SNDT Women’s
University was established at Maharastra in 1916. Annie Besand started Womens Indian
Association in 1917. The ‘Swadeshi Movement’ of 1920’s encouraged women to raise voice
against oppressions . Indian Succession Act, 1925 granted intestate and testamentary succession
rights. All India Women’s Conference 1927 lead women towards equality. The Child Marriage
Restraint Act 1929 was passed. ‘Nationalist Movement’, Civil Disobedience Movement, and
Quit India Movement of 1942, Gandhiji planned organized mass movement with Khadi. National
Council of Women was founded by lady Aberden & Lady Tata. The Muslim Marriage Act, 1939
granted right to divorce. Women participated in ‘Tebhaga Movement’ (1946-51) for land reform
in Bengal. Fort William College, The Hindu College in Calcutta and Sanskrit College at Banaras
were established.

POST INDEPENDENCE PERIOD

Dr. Ambedkar introduced Hindu Code Bill for equal rights of women. The Constitution of India
came into force on 26th January, 1950. The Constitution secure to its citizens Justice, Liberty,
equality and fraternity. It granted Fundamental Rights. The Directive Principles of State Policy
to achieve welfare State. The Factories Act, 1948 & The Employee State Insurance Act, 1948
were enacted. Central Social Welfare Board was constituted in 1953 to launch a Nationwide

9
Programme on Grant in Aid. The Special Marriage Act, 1954, The Hindu Marriage Act, 1955
and The Immoral Traffic Prevention Act, 1956 was enacted. Hindu Adoption & Maintenance
Act, 1956, The Hindu Succession Act 1956, The Widow Remarriage Act, 1956, The Dowry
Prohibition Act, 1961 was passed. The Medical Termination of Pregnancy Act 1971 prohibits the
illegal abortions. ‘Chipko Movement’ of 1972-74 became a social action. The Equal
Remuneration Act 1976 was enacted. India ratified the Elimination of all forms of
Discrimination against women 1981. The Indecent Representation of Women (Prohibition) Act,
1986, The Commission of Sati (Prevention) Act, 1987 was enacted. In 1990s the employment in
industries was made open to women. The 73rd and 74th Constitutional Amendment Act, 1993
provided 33.3% reservation to the women from Scheduled Castes and Tribes in Panchayat Raj
Institutions. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act,
1994 was passed. National Rural Health Mission was constituted in 2005. The Protection of
Women from Domestic Violence Act, 2005 was passed. The Prohibition of Child Marriage Act,
2006 was enacted. The Right of Children to Free and Compulsory Education Act was passed in
2010. Nai Roshni scheme for Leadership Development was initiated during 2012-13. The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was
enacted . Swachh Bharath Mission 2014, Pradhan Mantri Jan Dhan Yojana, Pradhan Mantri
Suraksha Bima Yojana & Pradhan Mantri Jeevan Jyoti Bima Yojana, National Policy for Skill
Development and Entrepreneurship 2015 and Pradhan Mantri Kaushal Vikas Yojana schemes
were initiated.
The Government of India entered MoU on Cooperation between French Ministry of Sports in
2015 to envisage cooperation and exchange in sports based on the French model. Beti Bachao
Beti Padhao scheme 2016 was introduced to prevent gender biased sex selection in the 100
gender critical districts. Pradhan Mantri Ujjwala Yojana, 2016 was launched to provide 5 Crore
free LPG connections to women households living in BPL families. Development and Refinance
Agency Bank (MUDRA Bank) was constituted for micro finance to encourage entrepreneurship.
Twelfth Five year Plan (2012-2017) concentrates towards creating structural and institutional
mechanisms for women empowerment. Self Help Group Movement is used for empowerment of
rural women. The micro credit promotes quality of life by reducing the poverty considerably.

10
 As women were restrained only to the domestic responsibilities of bringing fuel,
fodder and water they are unable to be a partner in the national growth. It is essential to provide
preferential treatment and special considerations to the deprived and disadvantageous sections.
Government of India until 1970s adopted the philosophy of ‘Promotion of Women Welfare’,
1980s it aimed at ‘Development of Women’, during 1990s it aimed at ‘Empowerment of
Women’ and after 2017 it is focusing towards ‘Women Lead Empowerment’ in the country.

DIVORCE AND SEPARATION IN INDIA

Marriage and dissolution of marriage in India

Marriage: sexuality, spouse selection and marital stability A key feature of the Indian socio-
cultural and marriage system is the strict policing of sexuality and proscription of sexuality to
within marriage for women . A woman who indulges in pre-marital sex is considered as bringing
shame to not only the family, but also as corrupting the purity of caste. Family and caste
councils, therefore, have assumed the role of policing women‘s sexuality. The policing of
sexuality is stricter among groups where consciousness of caste identity is stronger . The concern
about sexuality has meant that unmarried daughters are seen as a burden and a threat to the
existing marriage and social order . This concern about sexuality, among other factors, has meant
that marriage is relatively early and nearly universal. The level of pre-marital sexual experience
is reportedly low. Second feature of the Indian marriage system that could influence marital
stability is the nature of spouse selection. Marriages are typically arranged by parents or families
(with varying degrees of consent and discussion with children) rather than based on pre-marital
dating or relationships. Parents and family play an important role as marriage is seen as affecting
the status of the family and lineage. Though arranged marriages have persisted, the degree of
involvement of parents, families and the young themselves has changed. There is now greater
participation and higher degree of involvement of young men and women in selecting their own
spouses through negotiation with parents and families. Compared to the past the wishes and
desires of the couples themselves are now considered during selection of a spouse. The use of
technology in matchmaking through matrimonial websites while offering the potential to
transgress traditional boundaries seems to have re-entrenched traditional values in spouse
selection. Even for those young men and women choosing their own spouse, there is

11
considerable pressure to choose the ―right person that fits with the dominant patriarchal and
parochial norms and caste identities . The shift towards greater choice in partner selection and
companionate‘ marriages in which conjugal power relationship is less hierarchical could
potentially impact marriage stability. Kishwar (1999), for instance, argues that stability of
arranged marriages is due to stronger material and emotional support provided by natal family
and kin. Such support might promote reconciliation and help to heal marital differences.
Marriages in which family and kin do not play a major role might be less stable. However, this
perspective is seen as stereotyping Indian marriages. Grover‘s (2009) work, on the other hand,
draws attention to the destabilizing effect of family and kin in arranged marriages. She argues
that marriages in which families did not have a greater say in selecting spouse might be more
stable. This is because in such marriages women might not expect to receive support from the
families nor access to natal homes in times of marital conflict. Marriages in which partners have
a greater choice and say might also be stable for a different reason. Such marriages might
engender stability through promotion of emotional bonds, conjugality and intimacy. Indian
Human Development Survey (IHDS) data from 2005 show that only 5 per cent of women had
self-arranged marriages with no active participation of parents or families. The third aspect of the
marriage system that could influence marital stability is the status of remarriages. The possibility
of remarriage and acceptance of such marriages might influence marital stability. Remarriages
are not unusual; however, they are gendered: accepted for men but questioned for women. While
remarriage for women is not prohibited, the status of such marriage is lower within Hindu
customary practices. Previously married women are considered impure5 and remarriage for
women do not hold same customary and ritual significance (Holden 2008). Though remarriages
and secondary unions (without marriage) for women do happen, the quality of matches (in terms
of age, economic situation, marital status, family structure of the spouse) are unfavourable for
most women and more so for women with children(Mukhopadhyay 2011; White 2013). The
possibilities of re-partnering and quality of matches might weigh in on the decision of a woman
to leave or stay in a marriage.

Jural and conjugal stability of marriages in India

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The need to distinguish between jural and conjugal stability is especially important in the context
of India. Parry (2001) has observed that in India physical separation may not end the legal
relationship or the absence of legal separation does not guarantee that the couple will remain
together. The reasons for and extent to which the two forms of stability differ need to be placed
in the legal, customary, socio-cultural and religious contexts of India. Jural stability of marriages
The Indian jural system on matters related to marriage and divorce is plural in two senses of the
word. First, there are different sets of laws for different groups; and, second, there is plurality of
venues for resolution of marital disputes. This plurality is historical rooted on the need for
consensual legislation and is in contrast with legal centrism and single legal code for family
matters in much of the west. There are several family laws (known as personal laws in India)
based on religion and these are legislated by the central (federal or national) government and not
the state governments. . However, this is not the case for men who are “like impermeable brass
jugs which are difficult to contaminate and easy to purify.” Family matters are in the concurrent
list of the Indian constitution which means that either the states or the central government can
legislate on family matters. However, central legislation takes precedence and supersedes any
state 6 Different religious groups are governed by their respective codes and by customary laws
of their respective communities. Hindu marriages and divorces are governed by the Hindu
Marriage Act (henceforth HMA) which also applies to Buddhist, Jains and Sikhs. There are
separate laws governing family matters for Muslims8 and Christians. There is also a Special
Marriage Act which allows for marriage between members of any or no religious affiliation and
governs divorces for marriages under SMA. The Hindu and Special Marriage Acts have similar
grounds for granting of divorce. The main grounds of grating divorce can be summarized under
the following categories: matrimonial fault, special circumstances and by mutual consent. The
first ground of matrimonial fault includes adultery (with stringent proof), cruelty1, desertion for
not less than two years, unsound mind, communicable venereal diseases, incurable leprosy,
renunciation of the world by entering religious orders, has not been seen alive for period of seven
or more years. For wife there are additional grounds of divorce under special circumstance such
as if the husband has been found guilty of rape, sodomy or bestiality or if the marriage was
solemnized before the woman turned 15 and she repudiates the marriage before age 18. Finally
divorce could also be granted by mutual consent . There is no provision under HMA or SMA to
grant divorce due to irretrievable breakdown of marriage or to grant divorce without mutual

13
consent that does not involve fault or special circumstances. For matters related to marriage and
divorce, as there are existing central legislations, the states‟ legislative role has been limited
(Garg 1998). Hindu Marriage Act was enacted in 1955 and subsequently amended in 1976 to
include cruelty, desertion and mutual consent as grounds for divorce (Law Commission of India
1978). Muslim family matters are governed by the Muslim Personal Law Application Act of
1937 and Dissolution of Muslim Marriages Act of 1939 (Jones 2010). Special Marriage Act
traces its root to 1872 and initially applied to only those who had no religion or faith. In 1954 the
act was repealed and replaced by a new act under the same name. The act allows marriages in
which both parties are from different religions or from the same religion or no religion.This is an
optional law and serves as an alternative to different religious personal laws (Law Commission
of India 2008b). The provisions for divorce for those married under SMA are broadly similar to
those in the HMA. Christian marriages are governed by the Christian Marriage Act of 1872 and
the India Divorce Act of 1869. The provisions related to grounds for divorce largely remained
unchanged for over a century. An amendment to the India Divorce Act in 2001expanded divorce
rights and made the provisions gender equal. Previously grounds for men seeking divorce were
very limited (ibid.). Courts have differed in their interpretation of cruelty. Partying to acne
problems have been ruled as form of cruelty to the spouse and a reason for divorce (BBC 2015).
The Supreme Court of India in recent judgments has noted that cruelty must be judged on the
“intensity, gravity, and stigmatic impact of it when meted out even once and the deleterious
effect of it on the mental attitude, necessary for maintaining a conducive matrimonial home”. An
important aspect of HMA and SMA is that it recognizes customary divorce which can be granted
by customary ways through village councils, caste organization, quasi-legal and non-formal
institutions. HMA states that ―Nothing contained in this Act shall be deemed to affect any right
recognized by custom or conferred by any special enactment to obtain the dissolution of a Hindu
marriage with a liberal interpretation of custom.This recognition of customary law means that
divorces can be obtained without any judicial involvement. For Muslims in India, Shariah
remains largely un-codified allowing for plural interpretations (Ghosh 2009). The basic tenet
underlying Islamic law is that marriage is considered a contract , and can be terminated if the
contract is valid or annulled if the contract is not valid. Repudiation of the marriage by husband
pronouncing (in oral or written form) talaq three times, for any or no cause, in the presence or
absence of wife, is binding and irrecoverable. A wife can repudiate a marriage only if the

14
husband grants her the power to do so or if the wife has negotiated to have such powers in the
marriage contract. Wife and husband can initiate divorce through mutual consent known as Khul
(or Khula. Wife can also seek divorce known as faskh from a qazi (religious teacher) or third
parties if there is no mutual consent (Redding 2012). Women, and only women, can also seek
unilateral divorce under the Dissolution of Muslim Marriages Act (DMMA) of 1939 under
specified conditions (Jain 2005). These conditions include apostasy, failure to provide
maintenance, unknown whereabouts, cruelty, failure to perform marital obligation without
reasonable cause, impotence, insanity, severe disease or any grounds recognized by Muslim law.
To get a divorce, parties can approach any regular court or family courts that have been set up in
many major cities. In a regular court or a family court, divorce proceedings can be brought under
any religious law or SMA and are heard by civil judges who are trained in common law and do
12 Custom and usage is defined as “any rule which, having been continuously and uniformly
observed for a long time, has obtained the force of law among Hindus in any local area, tribe,
community, group or family: Provided that the rule is certain and not unreasonable or opposed to
public policy and provided further that in the case of a rule applicable only to a family it has not
been discontinued by the family. As Lemons (2013) explains, Muslim marriages are in the
border between ritual law and contractual law in Islamic jurisprudence and adjudication of
marital disputes does not rely solely on contractual law but also based on ethical, religious, social
and emotional elements. 14There are debates among both legal and religious scholars on the
interpretation and irrevocability of the triple talaq. Indian courts have generally held that
irrevocable divorce can only be granted for a reasonable cause and after an attempt at
reconciliation. 8 not have any special training in religious jurisprudence (Vatuk 2013b). Thus, a
Hindu judge can decide divorce under the Muslim act and vice versa. In addition to these formal
venues, marriage disputes can be settled using dispute resolution bodies supported by the
government, NGOs or religious bodies. Community groups such as panchayats (village
committee or councils) can also mediate and resolve marital disputes and grant separations.
Muslims, for instance, can approach non-state dispute resolution forums such as the dar ul qaza
run by All India Muslim Personal Law Board and Imaarat Shariah in addition to state sponsored
dispute resolution forms. Family courts set up in major cities are aimed at more efficient disposal
of cases than regular courts and provide legal aid. Family courts are meant to promote
reconciliation and resolution of marital disputes by developing consensus between spouses,

15
failing which a judge can rule on the claims and grant a divorce if ―convinced of the
impossibility of reconciliation‖ . The recognition of customary law means that divorce can
happen without the need to go to the judiciary (Nichols 2012). This provides a cheaper and
informal way of negotiating marital disputes and ending of marital relationships within
individuals own ―sociocultural spheres‖ (Menski 2012). Though the legality of divorces
obtained from non-state forums is not fully clear; they are for all practical purposes accepted.
Separations approved or granted by non-state forums and actors or by the police and NGOs are
accepted and recognized by communities and families. Many of the cases in the family courts are
cases seeking to validate and reinforce customary divorces decided by non-state or informal
process at the customary level.

Conjugal stability of marriages

For the majority Hindus while marriage is held to be a sacred institution and indissoluble,
divorce and separation are accepted, recognized, justified, and a social reality. Anthropological
literature has documented the prevalence and extent of marital breakdown in different regions
and among different caste groups. These studies document that in some regions and among
certain caste groups divorce and separation was high, and in other regions and caste groups
(including higher castes) while divorce and separation was not high they were accepted.
Separations can take various forms with different implications for conjugal stability. A common
form of separation which may or may not indicate a permanent break in conjugal relationship is
return of married women to her natal home. For Indian women, moving back to natal home as a
result of marital problems or disagreements or unhappiness with husband or in-laws is
considered as a ―right and ―a moral and social entitlement‖ in a marriage (Grover 2009). Such
a right to the natal home, even if it is intended to be temporary, gives women bargaining power
and opportunities for reconciliation. The duration of stay at natal home and whether the husband
comes to fetch the wife and the success of subsequent negotiations might indicate breaking or
healing of marital bonds. Therefore, it is not uncommon for women to move back and forth
between natal and conjugal homes, and these moves should not be seen as a step towards
dissolution of a marriage but rather as opening of possibilities for reconciliation. Move to natal
homes besides indication of marital unhappiness might also be determined by needs of labour at

16
natal homes. Though women see it as a right to return to their natal home, for many women
support from the natal families will be tempered by the conditions at the natal home. These
conditions include presence of unmarried siblings whose marriage prospects might be affected
due to the return of married women to her natal home. Also, parents might feel that their
obligation to their daughters to have ended at the time of marriage, and might be reluctant or
unable to support them. There are, however, regional differences in the extent to which women
can draw support from their natal families. These differences are rooted in the prevailing kinship
systems, culture and socio-political structures of the regions. The differences in interrelated
aspects of marriage rules, lineage and post-marital residence explain the differing levels of
support available to women from their natal families after marriage. These also influence
women‘s 10 position and bargaining strength within the marital family. In regions where
patrilineal, patrilocal and exogamous marriages are the norm such as in the north (and especially
rigid in the northwest), women‘s link to their natal family after marriage is weak. In these
regions women are considered as being transferred to husband‘s family and no longer contribute
nor can expect to receive support from their natal family. In the south where there is a higher
prevalence of endogamous and reciprocal cross-cousin marriages, there is greater flexibility in
the relationship a woman has with her natal family and women can expect higher degree of
support from their natal family. In the north-east, though there is diversity within the region, the
system is less rigid and women are in a much more favourable position. These differences in
kinship, marriage and cultural system are also likely to be reflected in the levels of marital
instability across the regions. Conjugal stability could be strained by childlessness and lack of
sons. There is widespread and intense desire to have children and a married woman‘s identity,
status, power and self-worth are tied to her reproductive fruitfulness. Children are seen as a
source of power for women and they help to cement the bond between husband and wife.
Infertility and absence of children are considered as women‘s problems regardless of the actual
cause. As Riessman (2000) has observed, childlessness is seen as deviating from the normative
expectations and might break the fragile relationship between the spouses in an arranged
marriage where the couples don‘t have strong bonds at the time of marriage. The desire to have
children immediately after marriage is nearly universal and conscious fertility control seldom
occurs before the first birth. In this demographic context childless couples face considerable
social pressure. It is not only the number of children but also the sex composition of children that

17
affect marital stability. The study established that having sons inhibits divorce and that this
relationship is invariant for different groups of women. As with childlessness, not having a son
might strain marital bonds in a society with son preference. Guilmoto (2008) highlights the
extent and intensity of the manifestation of son preference in the form of skewed sex ratios in the
demographic context of declining fertility. Sex ratios rose rapidly in the 1990s before levelling
and slightly declining in the past decade. The reasons for son preference are varied and
intertwined ranging from structural causes, marriage and kinship system, sexual milieu, family
structure, political and state system, and religious rituals and customs that require sons. Whatever
the reasons, women are blamed for lack of sons, and absence of sons in seen as a valid reason for
men to re-marry (with or without separating from his current spouse). As described earlier,
features of the marriage system such as spouse selection, marriage type, and remarriages might
also affect conjugal stability. A broad indicator that has an influence on many of these aspects is
women‘s education. Studies have noted that education increases women‘s choice in selecting
partners, delays entry into marriage, and creates less hierarchical power relationships within
marriage .These could, in turn, (de)stabilize marriages. Indian literature on the effect of
education on marital stability is not well developed, but literature from other contexts suggests
some potential linkages. The influence of education on marital stability depends on prevailing
rates of marital breakdown and the degree of gender inequality. Studies have noted that the effect
of education shifts from positive to negative gradient as divorces become more common and
marriage is deinstitutionalized. A generalization that could be drawn is that in contexts where the
cost of divorce, be it social, family, economic or legal, is high the education gradient would be
positive, as higher educated women would be able or willing to bear the cost; and, as this cost
comes down, the gradient would turn negative. In some East Asia countries though the barriers
and cost are high the gradient has been negative due to contextual factors. In these societies with
high degree of value attached to family reputation and honour, the social cost of divorce might
be higher for educated women (Chen 2012). Thus, the relationship between women‘s education
and marital stability might also depend on contextual factors such as the importance of family
reputation, class identity and meanings attached to marriage.

PROBLEMS FACED BY A DIVORCED WOMAN IN MODERN INDIA

18
Women are still second class citizens. Being a second class citizen they are heckled by the
society. When a woman is getting divorced from her husband, she has faced many problems in
pre and post divorce period. We always claim that we are human beings but our behavior is
different. Though separations, desertions and divorces are increasing in India today,1 not much
attention has been paid to the manner in which these deserted and separated women live, often
with their children, and what their rights and entitlements are in/from the marital home. Very few
empirical legal studies exist on the economic status of divorced and separated women in India. In
the recent past, some studies by social scientists on single women, particularly widows, highlight
their general social and economic condition. In some of these studies, the condition of
separated/deserted women has been described as even worse than that of a widow.2 They are
described as women ‘even more despised ... in a twilight zone of neither being respectably
married nor widowed—especially those who have themselves left their partners’.3 Under the
Indian laws, a wife’s economic entitlements on separation/ divorce from her marital home are
extremely limited. Basic legal right that an Indian woman has is a right to maintenance4 from her
spouse5. As is well known, Indians are governed by different personal laws, according to the
religious community they belong to, in the area of family law. These laws govern marriage and
divorce and specify the rights/entitlements of women and children in petitions filed under the
various personal laws. Two Indians can also opt to marry under the civil law, known as the
Special Marriage Act, 1954 (hereafter termed as the SMA), even if they belong to different
religions. A wife is entitled to ask for maintenance (financial support) as an ancillary relief under
most of these laws in a petition for divorce or judicial separation or restitution of conjugal
rights.6 Both Muslim and Hindu women can also file for maintenance under their respective
personal laws during the period of marriage.7 There are also general laws under which
maintenance can be claimed by women of all communities. Under Section 125 of the Code of
Criminal Procedure, 1973 (hereafter CrPC) for instance, women of all communities, except
divorced Muslim women, can claim maintenance from the Magistrates’ courts throughout the
country for themselves and their children. Divorced Muslim women can claim maintenance for
themselves and children living with them under the Muslim Women (Protection of Rights on
Divorce) Act, 1986. Under the fairly recently enacted Protection of Women from Domestic
Violence Act, 2005 (hereafter PWDVA), women from all communities/religions , the only claim
monetary relief in situations of violence. They also have an explicit right to residence in their

19
marital home under this Act and can further ask for injunctions stopping their spouses from
evicting them from the marital home or ask for residence outside.9 Despite the many enactments
governing the laws related to maintenance, it would not be incorrect to say that, in actuality, this
right/remedy does not provide women, from any community, adequate financial support to be
able to live in a manner similar to the manner in which they had lived during the subsistence of
marriage. This is primarily because of the manner in which the courts have generally enforced
this right and because of the procedural obstacles that women face in the courts and in accessing
this right. Thus, women have complained that some of the major obstacles that they face are the
length of time that the courts take to make awards of maintenance and the costs involved in
fighting the litigation. Finally, the small and dismal amounts of maintenance that are routinely
doled out by the courts almost make this effort worthless. One of the main reasons for this is that
courts have a wide discretion in awarding maintenance amounts and are manned to a large extent
by judges who themselves suffer from various degrees of gender bias and are not sensitised to
the plight of women and children on separation/divorce. Another major hurdle that women face
is a lack of access to courts. Even in cities, a sufficient number of courts do not exist to deal with
family law cases. Women have to travel long distances to go to court. During our survey,
working-class women also complained of losing their daily wages to attend court proceedings.
The lack of financial resources does not allow a large number of women to file and pursue a case
properly as they cannot afford legal fees. In a large number of cases, even when maintenance is
awarded by the court, the women do not receive it and after pursuing the matter for a while,
some women just abandon the case while others undertake another round of litigation in
execution proceedings to recover the maintenance amounts. Some women also have to face
appeals against the order of maintenance in High Courts and the Supreme Court which last
almost as long as or longer than the original case. They, thus, have to go through tiers of
litigation which may last anywhere between 3 and 20 years. It is not surprising, therefore, that
many cases for divorce and maintenance get settled by the parties through official or unofficial
mediation. Most family lawyers report that a majority of their cases get settled through
negotiations between the parties/their representatives or via the court mediation process or
through the intervention of women’s groups/other institutions like the State Commission for
Women, or even in the Crime against Women Cell now set up in various cities to deal with
dowry-related criminal cases and cases of cruelty and violence under Section 498A Indian Penal

20
Code. The law relating to dowry, apart from specifying that the giving and taking of dowry is
illegal, also states that all dowry given by the bride’s family or anyone else on her behalf, at the
time of marriage or at anytime thereafter, will be returned to her. Further, even under classic
Hindu Law, gifts of jewellery or other movable or immovable items including land, etc., to a
bride at the time of marriage or after this are her stridhan and her sole and absolute property. Not
returning the stridhan of a woman by a person with whom she had left it has also been
pronounced as a criminal act by the Supreme Court of India. However, dowry often consists of
consumable items which are of little value if and when they are retrieved. Money spent on
weddings, gifts of cash and clothing and jewellery, and other items given to the in-laws are not
retrievable and are often difficult to prove as the woman’s stridhan. Even if this were not so, the
retrieval of dowry is hardly sufficient for a woman and any children with her to survive. Thus,
while the criminal law punishes the non-return of dowry and stridhan and stipulates that dowry
and stridhan should be returned to the woman, this rarely happens. Further, though Section 498A
punishes harassment for dowry and severe cases of domestic violence, unless the wife dies or is
killed due to the violence, this Section hardly ever leads to conviction. It is widely acknowledged
that in general the financial position of women in the marital home leaves much to be desired.
Neither Indian law nor government policy views their work within the home as productive work
or work of any economic value. This is in spite of the fact that it is typically the wife who spends
long hours in building up and maintaining the house and in supervising household work; she
often has to cook food and do various household chores; she has to bear the double burden of
household work and outside work if she has a job, etc.; and she solely or primarily looks after the
children and elderly in the house. Meanwhile, by spending most of her time at home, a woman
losses her capacity to earn and compete in the job market. Even working women tend to spend
far less time than their male colleagues in advancing their careers and so miss out on promotions
and other career opportunities. In carrying out her household tasks, women, in many instances,
have to give up their career. Thus, non-recognition of household work and ‘care’ work results in
reinforcement of gender discrimination and inequality. The woman is not seen as an equal
partner in the house. Her contributory efforts become ‘transformed by the law into self-sacrifice’.
Studies such as the Time Use studies carried out by the Central Statistical Organisation in 1998–
199918 provide evidence of the enormous time spent by women in carrying out household
activities. They reiterate the common experience that it is generally women who do the cooking

21
and cleaning and taking care of children. Even women working outside the home bear the
primary responsibility of looking after the house and caring for the children. Child care often
requires a huge input of time, energy and supervision. ‘Working’ women, thus, shoulder the
double burden of both types of work.
It has been pointed out that though the nature of the contribution differs between classes, with
poor and working-class women putting in more direct physical labour, women of the middle and
upper classes, who may have recourse to domestic help, nevertheless perform a range of
activities to maintain the family or household in terms of supervision and responsibility. In India,
we are governed by the ‘Separation of Property’ Regime. A husband is the owner of his property
and the wife is the owner of her property as they were even prior to the marriage. The problem is
that though a property may have been bought during the subsistence of marriage, the party in
whose name an asset has been bought becomes the owner of the asset. This is typically the
husband. Thus, though women through their efforts contribute to the building up of the
household and thus to the buying of the assets, none of the movable and immovable assets like
land, house, etc., that are acquired during the marriage belong to her equally with her husband
unless it is acquired in her name also. As mentioned above, many of the assets, particularly
houses and lands are bought in the husbands’ names. Even working women, because of their
vulnerable and subordinate position in the house, often let their husbands and in-laws dictate
how their salary should be spent—typically, they spend their salaries on day-to-day household
expenses while the husbands acquire assets in their own name. Thus, if an Indian woman is
separated or deserted even years after marriage, she is left almost asset-less while her husband
walks away with all the property. It is not surprising, therefore, that most separated or deserted
women, usually along with their children, are forced to live with members of their natal family,
such as parents and brothers, and are financially dependent on them. Often, they are not welcome
even there and live as outcasts in the family. In Goa, where the ‘Community of Property’ Regime
is in place, both spouses are equally entitled to marital assets. However, the problem in Goa is
that in law and in fact it is the husband who controls and deals with the assets, though he can be
stopped from alienating the marital home.

The Indian state has reformed the laws relating to divorce in 1955, 1976 and even currently, the
central government is trying to introduce further reforms. However, all these reforms have been

22
focused on broadening the grounds for divorce and except in 1955 when the provision for
maintenance was introduced in the Hindu Marriage Act (hereafter HMA) and the SMA, no
reform regarding the marital property rights of women or reform to strengthen the maintenance
laws were introduced. Recently, the central government has introduced an amendment to the
HMA and the SMA to once again enlarge the grounds for divorce by introducing the
irretrievable breakdown of marriage as a further ground for divorce. They have also introduced
an amendment which states that a woman can oppose this plea on the ground that it would result
in ‘grave financial hardship to her’. A further amendment also states, ‘the court may on a petition
made by the wife, order that the husband shall pay to her as financial support such gross sum or
share in the moveable or immoveable property towards settlement of property rights in respect of
the property acquired during the subsistence of the marriage ...’Just giving the woman a right to
oppose divorce on the ground of financial hardship is not enough. The further introduction of a
clause that the court may grant money or distribute marital property leaves the issue of
distribution of property entirely to the discretion of the judge. As stated earlier, the Indian
judiciary is manned, to a considerable extent, by judges with a largely patriarchal mindset.
Petitioning women will be put through great hardship while trying to establish that they are
entitled to a share in marital property. While very few will disagree with the concept of
irretrievable breakdown of marriage per se; women’s organisations and groups have pointed out
that it is a wife’s right to receive at least an equal share in the property acquired by the parties
after marriage as she has to be considered an equal partner in the marital relationship. Women’s
groups and lawyers working in the area of family law have often found women opposing divorce
petitions filed by their husbands because they have no viable economic alternative outside the
marriage and because of the social stigma that is attached to a divorcee. It is well known that
most divorce petitions are filed and initiated by men. Women, if they can afford to file a case,
mostly file for maintenance and residence and return of stridhan and dowry.

Drawbacks in Hindu Succession Act

During the period that this Bill on irretrievable breakdown of marriage as a ground for divorce
had been referred to a standing committee, women’s organisations and groups had put forth a
demand to this committee that a comprehensive legislation on a woman’s right to marital

23
property be enacted simultaneously or else the introduction of the new ground would result in
greater financial hardship for women. They had suggested that this legislation should apply to
women of all communities/religions, as an equal share in marital property is a recognition of the
economic content of household work and of the wife’s contribution to the family and no personal
law can deny this. The legislation should also unequivocally provide that women should receive
at least a half share of the marital property. It has also been suggested that this division should be
allowed whenever a wife petitions for it after separation. Other clauses about what should
constitute marital property would also form part of the standalone law. For instance, inheritance
of the husband and wife and gifts to them could be left out of marital property. Other issues like
the law should apply to persons living together also needs to be thought about. However, instead
of having a proper discussion or debate on the issue, the government has hastily tried to push
through the present amendments with some concessions. Though this study does not focus on
what a daughter/wife inherits from her natal home, it is pertinent to mention that women’s
property rights in inherited property are also unequal. Women’s organisations and groups have
been demanding equal rights in inheritance as the enforcement of this would, they felt, also have
a negative impact on dowry. However, most personal laws relating to inheritance continue to
have provisions which discriminate against women. The 2005 amendment to the Hindu
Succession Act 1956 (hereafter HSA) sought to give equal rights in ancestral property to
daughters by making them coparceners in the Mitakshara coparcenary. It also gave the daughter
a right to seek partition of a house she inherited. The earlier law had given daughters only an
equal right of inheritance in self-acquired property of her father, a partial right in ancestral
property and had restricted her rights in a dwelling house in which the joint family was living.

Another obstacle in the way of women inheriting property is the right to will which was
introduced in the HSA. This was earlier not available in Mitakshara law. The right to will was
introduced by the British as a part of the Indian Succession Act, 1925, and has been a part of
common law. The right to will has been used to disinherit daughters and their descendants and
sometimes even wives. The right to will should accordingly be restricted. Another important
amendment in 2005 was the deletion of Section 4(2) of the Act which exempted land reform and
ceiling Acts and the laws relating to devolution of tenancies in agricultural land from the
purview of the HSA. These state Acts were highly discriminatory and privileged male lineal

24
descendants over wives and daughters. However, even after the amendment, state governments
have not amended the land laws and these laws continue to remain on paper in Delhi, Himachal
Pradesh, Punjab and Haryana, Jammu and Kashmir and Uttar Pradesh. Other state laws on the
subject allow devolution according to personal laws and discriminate against women. A recent
positive judgment by the High Court of Delhi held that the provisions of the HSA had an
overriding effect over the Delhi Land Reforms Act and that the rule of succession in HSA would
apply. However, state land laws continue to apply to women of other religious communities and
should in any case be amended to ensure gender justice. Another problem with the HSA is the
discriminatory manner in which a woman’s property devolves upon her heirs in comparison to
the devolution of a male’s property. Unlike the male, whose Class-I heirs are his wife, mother
and children or their representatives in their absence, the woman’s property devolves in the
absence of her children and husband in a highly discriminatory manner. Her self-acquired
property devolves upon the heirs of her husband and only in the absence of these heirs devolves
upon her mother and father. A recent Supreme Court judgment upheld this method of devolution
while acknowledging the unfairness and injustice which this provision led to. In a case before the
Supreme Court, a widow who had been ill-treated and deserted by her in-laws and thereafter
lived with her parents and had worked and built up a career, died. The court held that her
property would devolve upon her in-laws and not her parents. Thus, most women in India do not
have or get equal rights in inherited property either.

Problems faced by divorced women during their divorced cases and after the
divorce:
There were several problems which were faced by the
respondents in their pre and post divorce life. Divorcee women faced various difficulties and
challenges related to social, familial, financial, emotional and psychological problems. Problems
of Pre-Marital life Problems faced by Mother-in-law: It was found that some informants were not
having good relations with their mother in-law. Someone revealed that her mother-in-law always
gave comments to me about giving birth to female child because she gives preference to male

25
child and sister-in-law also treated my daughter as a curse. But she had no option except to
tolerate these derogatory comments. 3

Harassment by father-in-law

Two informants shared that their father-in-law wanted with them physical intimacy. It was the
main cause of their marital termination. “My father-in law and brother-in-law continue harassed
me for sex with him. My father-in-law used to say that I got you married to my son because I
want to have sexual relationship with you. Thus I brought you in this house for me not for my
son. I was exhausted mentally and physically by tolerating him”. Problems faced with sister-in-
law Another case no. A revealed “My separated sister-in-law also stays with my marital family.
She always tried to brain wash my husband against me. This aggravated the violent behavior of
my husband towards me. Also presence of her kids increased the quarrels”. Respondents also
stated that if their husband would have loved them then they would have easily tolerated the
exploitation, but the disrespect and the problems such as: husband non-supportive nature,
exploitative behavior, indifferent attitude became more problematic for them. In addition to this
there were serious problems which were intolerable for the informants. They were: husband
involvement in extra-marital affairs; comment for male child, physically emotionally, verbally
and mentally tortured; alcoholism and drug addiction, cheating, abnormal behavior; emotional
attachment and the pressure of dowry.

Post-Divorce Problems After divorce informants faced different

type of problems such as:

Social rejection, blame by relatives and siblings, family support, challenges related to getting a
separate house, economic hardships, harassment and exploitation, problems related to emotional
attachment, psychological problems such as: depression, health problem, tried to kill herself,
trauma, feeling loneliness and lack in confidence.

3
https://www.phytojournal.com/archives/2018/vol7issue1/PartC/6-6-234-823.pdf dated on 12th September, 2021 at
4.30 p.m

26
Social Rejection

Few stories of women revealed that divorce resulted social rejection. Some of the respondents
also shared that they were treated as belonging to a different group because of their divorce. And
they did not share same kind of relationship with her friends as earlier. They stated that the status
of divorced women deteriorated as compared to married one. They feel ashamed that they are no
longer married and too frightened to make contact with old friends. They also shared that before
marriage and after marriage friends have same relationship but when they know about divorce
they try to keep distance due to their social prestige. As case no. I stated “After I become a
divorced woman, my relation with my friends deteriorated. Many of my friends did not want to
spare time with me. I was working as a teacher in an institution. But after I become a divorced
woman. I was forced to change my Family Support.

Majority of the divorced women reported that they lived with their parent’s house immediately
after their divorce in which few shared that they had not good relations with their parents at the
beginning because their parents were under mental pressure due to the social stigma. Most of the
respondent found strength from their children and parents who provide great motivation to help
them to move forward

Economic hardships of divorced women

Economic aspect is the crucial, dominant and effective component of the society. Every
happiness, trust, support and sympathy or tension, clash, quarrel and maladjustment or marital
incompatibility in the family is the causes of economic factors. The divorce rate is higher in
spouses have more expectation from each other, faced economic hardship and gone far from
their residence due to the economic achievement. The other theme that identified was economic
consequences of divorce on women. The problem of women after divorce is an economic issue
also. Family member has different reactions to divorce and separation. Sometimes, spousal
support and child support is denied to women, when this happens, women are put under
tremendous stress to bear the burden of a single parent. Times were tough when there were two

27
family members earning and now that it has come down to one, and that situation is very difficult
to her. Most of the informants were not working before divorce, but they took jobs after their
divorce to adjust to their economic expenses. The informants also reported that they started to
work so that they did not become burdens to their families. Financial crises are a standing
situation with some of the divorcee women.

Psychological problems
The other identified theme was the psychological problems of divorce on divorced women that
influenced directly or indirectly them. Under this broad category, there are sub themes which are
categorized for an easy understanding. Based on the interviews conducted on divorced women,
different forms of psychological problems were observed. When the informants were asked
about the psychological impacts of their divorce, majority of them reported that the divorce left
them in depression and health problems, because they had not been able to continue their
marriage for the rest of their life.

Suicide:
One informant tried to kill herself due to under the pressure of social stigma of divorce.

Trauma:

Divorce is a social phenomenon. In sometimes it results in

serious consequences that a divorced woman reaches to stage of trauma. Divorce is a biggest
trauma in women’s life and now she is not interested in any activities, she is facing depression
and the most difficult thing during the divorce process was paucity of money, the lawyer asked
for money every now and then it took a long time for me to get divorced”.

Feeling lonely and alone

The other form of psychological consequence that
investigated through in depth interview was the problem of loneliness. Few participants
expressed that their life as divorced woman was one of feeling lonely and alone.

28
 Lack in confidence
Some of the informants shared that they started
disbelieving themselves and tried to find out the loopholes in their personalities. Post divorce life
broke their confidence. Up to the great extent that the victims felt that she is even not capable to
do her daily routine works. Respondent case no: P expressed her experience of being divorce and
its impact on her confidence. She used to think about remarrying but she didn’t think a man
would accept her know that she is the mother of three children and her face was full of burn scars
as 50% of her body was burned when she was set ablaze .

STATUTORY PROVISIONS AND JUDICIAL DECISIONS FOR THE

PROTECTION OF THE LEGAL RIGHTS OF DIVORCED WOMAN IN
INDIA

Maintenance Rights of a Divorced Woman in India

Maintenance laws and rules differ from religion to religion. The amount of maintenance fixed by
the court depends upon the monthly income of the husband, the income of the wife, his financial
status, among other things. India being a democratic country provides its citizens with various
laws which are essential in earning a livelihood. A woman is considered as a legal “Wife” of a
man, only if their marriage hasn’t proved to be null and void. From the right to the residence at
the house of her husband to have an equal share in the property, a legally wedded wife enjoys
many rights.

As per the maintenance laws & rights, it is the duty of the husband to pay his wife a lump-sum or
monthly payment, known as maintenance, where the maintenance without divorce or after a
divorce has to be paid. The amount of maintenance is either decided by a mutual settlement
between the husband and wife, or in accordance with the order received from the court. It is the
women’s right after divorce in India.

Legal Rights of a Wife

 Right to Streedhan: 

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 Streedhan is the property that a woman obtains at the time of her marriage, it is different
from Dowry in a way that it is voluntarily gifts given to the wife before or after her
marriage and there is no element of coercion. The courts clearly say that women will
have absolute rights over their Streedhan even if it is placed in the custody of her husband
or in-laws.
 Right to maintenance by the husband:
 Under Section 18 of the Hindu Adoption and Maintenance Act, 1956 a Hindu wife is
entitled to claim maintenance from her husband in case if he is guilty of cruelty,
desertion, polygamy or has a venereal disease, thereby enforcing her rights in divorce.
Under Section 25 of this act, it provides for permanent Alimony and Maintenance of wife
and child. This section allows any court which has jurisdiction under this Act to pass an
order upon receiving an application from the aggrieved spouse directing the respondent to
pay the applicant for her support and maintenance.
 The right to live with dignity and self-respect: 
A wife has the right to live her life with dignity and to have the same lifestyle as that of
her husband and in-laws. She also has the right to live free from any mental or physical
torture.
 Right to child maintenance: 
The husband and wife must provide for their minor child. If the wife is incapable of
earning, then the husband must provide her with financial support.
Claiming maintenance under different laws

India being a secular country has a population that follows different religions. In order to
understand the legal structure behind the governance of maintenance in religion, we need to look
at the personal laws in force.

Maintenance under Hindu law:

 According to the Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act,
1956 a divorced woman has a right to claim maintenance under the Hindu Law. 
 Under the Hindu Marriage Act, if in any proceeding under this Act, the Court comes to
the conclusion that either the wife or the husband has no separate source of income

30
 sufficient for their support, it may order for the payment of monthly maintenance to the
petitioner through the respondent.
Maintenance under Muslim law:

 Under the purview of Muslim law, a husband is supposed to maintain his wife and
family, and the term maintenance signifies the amount he is liable to pay for the same. 
 The term used for maintenance under Muslim Law is called nafaqa and it involves food,
sustenance, and lodging. 
 The wife is usually entitled to obtain maintenance from her husband, despite the fact that
she has the appropriate means to maintain herself. 
 The law that governs the maintenance of divorced women is the Muslim Women
(Protection of Rights on Divorce) Act, 1986.
 A wife has a claim over a fair amount of maintenance by her ex-husband within the given
iddat period
 The husband is required to provide ‘Meher’ or ‘Dower’ as promised at the time of the
wedding or anytime later
 If during the divorce, the wife is pregnant, she can claim a fair amount of maintenance for
at least 2 years from the date of birth of a child
 If they had a child at the time of divorce, a wife can still claim maintenance for the child
till the time she remarries or until the child is dependent
 The marriage contract may also stipulate the payment of special allowances by the
husband, and in presence of these, it becomes the obligation of the husband to pay these
to the wife. Such allowances are called kharch-e-pandan, guzara, mewa khore, etc. 
Maintenance under Christian law:

 Under the purview of Christian Law and maintenance, the Indian Divorce Act plays an
important role. 
 The amount of maintenance mentioned in the act dictates that it cannot be more than one-
fifth of the husband’s income. The precondition here is that the woman should not
remarry and stay chaste.
 The amount of permanent maintenance depends upon factors like husband’s income,
wife’s own income, property, the behavior of both the wife and husband, etc.

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Maintenance under the Parsi law:

 Under Parsi Law, maintenance is usually similar to the Christian law but here the
husband can also claim maintenance and the court cannot offer maintenance beyond the
life of the person paying maintenance. 
 The usual condition of chastity follows and the amount cannot be more than one-fifth of
the spouse’s income. 
Marriages under the Special Marriage Act, 1954

Special Marriage Act, 1954 also allows a divorced wife to claim maintenance and support by
charging a quantum on husband’s property depending on the husband’s ability to pay, his
property, wife’s own wealth, property and assets, the conduct of both the parties and any other
just circumstances. The district court of apt jurisdiction where the application for maintenance is
submitted can rescind, modify or vary its order/decree if it is convinced that there is a change in
circumstances of either party at any time after the order is passed or if the divorced woman
doesn’t remain chaste or single.

Maintenance pendent lite

In a divorce proceeding, either spouse can seek relief if the Court is convinced of the
insufficiency of income of the applicant under section 24 of the Hindu Marriage Act, 1955.
Furthermore, interim relief can be provided to the applicant in order to meet his/her immediate
needs. This relief is termed as ‘interim maintenance’ or ‘pendente lite’. 

 In furtherance to the Hindu Marriage Act, 1955, interim maintenance can also be sought
under section 125 of the Criminal Procedure Code by the wife regarding monthly
allowance for maintenance. 
 In a case where the wife does not have an independent source of income, the wife, under
section 36 of the Special Marriage Act, 1954, can seek expenses from her husband
under Chapter V and VI of the Act. 
 Where the proceedings are pending under the Parsi Marriage and Divorce Act, 1869,
either spouse can claim relief under section 39 of the Act. 

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  This provision is almost entirely similar to section 36 of the Special Marriage Act,
1954. Interim relief can be sought by Christians under section 36 of the Divorce Act.

Permanent maintenance

Each application filed for interim maintenance has to be disposed of within 60 days of service of
notice to the defendant. This provision is uniform in all the legislations mentioned above. 
Permanent maintenance is granted by the court as per the personal laws in force in India. Once
the divorce proceedings reach an end, permanent maintenance is awarded under the following
provisions:

1. Section 25, Hindu Marriage Act, 1955 –

The applicant under this section is entitled to maintenance from the spouse. It should be
paid either periodically or as a sum till the applicant either remarries or for his/her
lifetime. 
2. Section 18, Hindu Adoption and Maintenance Act, 1956 –
Under this section, the wife is entitled to maintenance from her husband. Further, this
provision defines the right of the wife to ask for separate residence in addition to the
maintenance in case of any conditions of section 18(2) of the Act (desertion, cruelty,
leprosy, any other wife/ concubine living in the same house, conversion of religion or any
other reasonable cause) exists till the time she remains chaste or converts to another
religion. In furtherance to this, section 19 of this Act provides for the maintenance of
widowed wives and the responsibility rests upon her father-in-law. 
3. Section 3, Muslim Women (Protection of Rights on Divorce) Act, 1986 –
This section provides that the Muslim wife be provided with fair and reasonable
maintenance within the iddat period by her former husband. The amount should be equal
to the amount of mahr or dower agreed to be paid at the time of marriage. In addition to
this amount, the wife is also entitled to all the properties, her before or at the time of
marriage or after her marriage by her relatives or friends or the husband or any relatives
of the husband or his friends. In case of failure on part of the husband to pay the
maintenance, the Magistrate has the power to order the husband to pay the same. 
4. Section 37, Special Marriage Act, 1954 –

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 this provision is entirely similar to section 40 of the Paris Marriage and Divorce Act,
1869 with the only difference of applicability of the Act. Under the Special Marriage Act,
only the wife can seek maintenance from the husband from a Court having jurisdiction
under Chapters V and VI of the Act. The order may alter or rescind in case the wife
remarries or is not leading a chaste life. 
5. Section 37, Divorce Act, 1869 – Under this section, the District Court is empowered to
order the husband to pay a reasonable amount to the wife till her lifetime when a decree
of dissolution or decree or judicial separation is obtained by her. Moreover, it is the
responsibility of the Court to consider the fortune of the wife, the ability of the husband
to pay as well as the conduct of the parties before passing such order. The Court may
discharge or modify the order in case the husband is unable to pay the reasonable amount
(as determined by the Court) in the future. 

Essential conditions for granting Maintenance:

 The reasonable needs of the spouse who is claiming maintenance
 The status of both the parties
 The independent income and property that is owned and  possessed by the spouse who is
claiming the maintenance
 The number of persons, the spouse who is providing maintenance, has to maintain apart
from the claimant.
 The lifestyle that the spouse claiming maintenance used to enjoy in his/her matrimonial
home.
 The liabilities of the spouse who is providing maintenance.
 The provisions of the basic necessities of the spouse who is claiming maintenance such as
food, shelter, clothing, medical needs, etc.
 The Court may use its discretion when all specific sources of income of the spouse
providing maintenance are undisclosed
 The spouse paying maintenance must discharge the cost of litigation of the divorce
proceedings4

4
https://www.myadvo.in/blog/maintenance-rights-for-divorced-women-under-different-religions dated on 9th
September, 2021 at 6.30 p.m

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Landmark Cases:
1. Bhagwan Dutt v. Kamla Devi,5
In this case, it was held that the wife’s income has to be taken into account while determining the
amount of maintenance payable to her and it is not an absolute right of a neglected wife to get
maintenance nor it is an absolute liability of husband to support her in all the circumstances.

2. Bhuwan Mohan Singh v. Meena6

In this case, the maintenance of a wife for her ‘sustenance’ does not mean mere animal existence
but it signifies leading life in a similar manner as she would have in the house of her husband.
Furthermore, the husband is duty-bound to enable his wife to live life with dignity according to
their social status and strata, 

3. Vanamala v. H.M. Ranganatha Bhatta7

In this case, the meaning of ‘wife’ under Sections 125(1) and 125(4) CRPC was held to be
different. The court held that Section 125(4) contemplates a married woman who is living
separately from a husband with mutual consent does not mean a wife who obtains divorce by
mutual consent and lives separately and therefore cannot be denied maintenance on this ground.

4. Shayra Bano v Imran Khan8

The Supreme Court, in this case, had held that a Muslim woman, who has no means of sustaining
herself, can claim the maintenance even after the iddah periods gets over, according to Section
125 of CrPC.

5
AIR 1975 2 SCC 386
6
AIR 2015 6 SCC 353
7
AIR 1995 5 SCC 299.

8
AIR 2010 SC 305

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Statistical data on divorce proceedings and pitfalls related to it9

India is officially considered to have one of the lowest divorce rates in the world. Indeed, if we
rely on cold figures and statistical studies, it turns out that in India, only about 1% of all married
couples end their joint family life with a dissolution of marriage.

This indicator is immeasurably small compared to the average statistics for the United States in
recent years, where more than 45% of official marriages end in divorce.

One of the main reasons to believe that the aspects of legal divorce algorithms in India are not
transparent is the lack of clear regulations for registering marriages.

Divorce lawyer Alisha Peres thinks the rates are low due to the huge amount of unregistered
marriages. “Since I joined the bar in 2013, I have seen an increase in the number of cases. We
find people of all ages, young couples and older ones whose children are financially independent
- come in either for an inquiry or to file for divorce.” In fact, many marriages in India are still not
officially registered today.

At the same time, family attorney Vasudha N R says that, for example, in Bengaluru, there are
six or seven family courts now, whereas there were only two in 2000. “Though we may have the
lowest rate in the world, we definitely have a large number of unhappy marriages. The stigma
attached to the definition of divorce is one of the biggest reasons people continue in them,” she
added, analyzing the reasons on the topic.

Some social taboos in India against divorce can also be a problem. Shreya Chatterjee, a
counseling psychologist, comments: “In an arranged marriage, family pressure is too much for
couples to bear. Even when parents realize they have made the wrong choice, they find it easier
to force their children to stay in a marriage than admit their mistake.”

In many parts of the world today, auxiliary tools can help spouses greatly simplify legal divorce
procedures. This includes the option to qualify the divorce case as uncontested and many useful
internet services that help to prepare the documents for filing for divorce.

9
https://www.deccanherald.com/brandspot/pr-spot/pitfalls-of-divorce-proceedings-in-india-perfect-statistics-and-
the-noisy-current-of-the-ganges-990273.html dated on 11th September, 2021 at 4.30 p.m

36
Bob Butterworth, chief executive officer of CompleteCase.com, which provides users from the
USA and Canada with top information support related to divorce procedures and ready-made
court-approval forms for filing, says that despite the considerable potential of the Indian
segment, there are certain difficulties to fully entering the market today.
“It is complicated to introduce any innovations in the area that we are trying to make better and
more convenient for millions of people. Each country and direction that is new to us has its
unique peculiarities and mentality of users. Nevertheless, we are full of optimism. We hope to
integrate as much as possible into India, taking into account the local rules of the game,”
commented Bob.

The de facto rejection of prenuptial agreements between spouses at the legislative level in India
also does not add clarity to the management of the processes. Such agreements are not legally
tenable in India as the law doesn't consider marriage as a contract.

A prenuptial agreement between spouses is quite common in developed countries. Unfortunately,

in India, there is no official compromise solution on the issue of legitimizing such documents.
Supreme Court rulings say that any contract that has marriage as an object is null and void.

Returning to the recent history of this issue, some time ago in India, attempts were made to
regulate marriage contracts, as an option, at the legislative level. However, such initiatives of
some officials did not find wide support. About five years ago, Maneka Gandhi, who performed
the duties as the minister for women and child development, recommended D.V. Sadananda
Gowda, then minister for law and justice, to make prenuptial agreements mandatory before
marriage.

At that time, Maneka Gandhi highly recommended the government to recognize the contracts as
legitimate since many Indian women from low socio-economic backgrounds have to fight
endless battles over alimony, marital ownership of property, and assets during divorce.

While prenuptial agreements are not legally tenable in India, some business families still draw
one. It is to offer clarity to the wife on what she would get in case of a divorce. Business families
want to retain control of the business. Hence, a prenuptial agreement may have some persuasive

37
value if the divorce turns into a court battle as it can avoid couples taking advantage of each
other.

In a prenuptial agreement, both husband and wife state their assets, liabilities, insurance, and
other financial aspects. They also specify the share and maintenance a wife would get in case of
divorce. It can even go to the extent of stating the amount that the husband would offer to the
wife if they have children.

CONCLUSIONS

Divorce is multidimensional and it involves multifactor social events. It can be found in each and
every society, which may be either in customary, or in legal form. Basically it occurs easily
within more open and industrial society. It is emerging a form of new sociological events due to
the pattern of sociocultural changes by the process of modernization and simultaneously
urbanization. In our context it should be sociologically investigated. This study has been an
attempt to identify the causes of divorce, which provides sociological insight to further
researcher. Single causal factor is not responsible for dissolution of marriage. Different natures
of dissatisfactions between the spouses are affecting due to the personal, familial, social and
economic condition or structure. Therefore, it should be treated under the multidimensional
approach basically in the reference to contemporary changing socio-cultural pattern. Divorce was
such a problem that breeds many other social, economic and cultural constraints which compel
the divorced women to lead a traumatic life behind the screen of society. Due to divorcee status
children also become deprived of the parental affection. Substantially that influences their
socialization process negatively. Due to divorce the divorced women pay a lion share of the
social costs of consequences from their familial to social life. She loses her status and has to
depend on semi skilled or unskilled work for survival. The natures of causes are differing from
men to women. Divorce is not only the end of marital relations between the spouses rather it has
caused serious problems on their children and adjustment problems themselves in the
community. There are different divorce cases, which are not found in the court record in visible
form due to social, cultural and economic constraints. Therefore it is essential to examine and
analyze customary divorce practices, which found in each and every community.

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SUGGESTIONS

Being a woman, emotions are primary to you. But dealing with divorce means putting aside
emotions and thinking logically, step-by-step, about what it will cost you, financially, socially
and legally.
Get Yourself Acquainted – Most women, especially in India, consider marriages to last forever.
Believing this, they often leave the financial matters completely and solely in their husband’s
hand. This leads to women getting divorced financially insecure. So, every woman should get
facts about finances right like income of her husband, tax-payments, loan installments, FD, credit
balance and disposition, bank accounts and monthly bills.
Apart From Income – It is a grave mistake to ignore marital properties, assets like jewellery,
car, and insurance policies. They add up in providing financial support when deciding for
alimony and child support. Keep track of husband’s investments in stocks and mutual funds.
However, women in India are hardly aware of their rights and are often taken for a ride by their
husbands. Indian women should keep tab on all resources, and not feel guilty of spying.
Ask for Maintenance – While you are preparing for divorce, filing and hiring a lawyer, your
funds will burn quicker than you realize. Though you may have support of your family, it is good
to ask for maintenance from the court. In India, more than depending on the need of women
getting divorced it depends on other factors like how much your husband is willing to co-operate.
Indian law however provides for Indian women to be maintained while waiting for divorce.
Value of women’s Contribution – It so happens with women that, they often invest not only
emotionally in the making of a home but also financially, which goes down the drain once your
marriage is on the divorce track. Under the Hindu law, women are entitled to keep all articles,
moveable or immoveable, to her after marriage.
Document of Communication – It is crucial to jot down the communication of any kind, letters,
phone calls, however they enrage you. They can be important to strengthen your case against
your husband and especially if it documents any kind of threat or abuse. Indian women have
deep-seated respect for their husband and exploiting family name in court is looked down upon
by in-laws and society. What Indian women need to keep in mind is that they should worry about
themselves rather than a family who won’t be theirs anymore.

39
Being Independent – Most women in India are not working when they are married, either they
have never worked or they give up their career for the sake of husband or society or family
needs. This is the time for them to re-consider their options of working. Brush up your talents
and skills that they think can earn their bread and butter. Working not only gives financial
independence, though it is a major benefit, but also opens up many doors like not worrying about
where to live. When a family is supporting a woman for a while, don’t hesitate to accept but do
not become dependent on your father or your brother.
Often women are so blinded by emotions that they neglect the upcoming divorce, even if they
sense it, leaving them unprepared and ultimately ruined; financially and emotionally. Your life
will be turned upside-down by your divorce, so at least ensure that you are left with enough
support to deal with aftermath of divorce.

References
BOOKS

1. de Beauvoir Simone, The Second Sex, 1949 ,page no 21, VINTAGE BOOKS, LONDON
2. Barnett Hilaire, Introduction To Feminist Jurisprudence, page no 3 Cavendish publishing Limited

3. LLOYD’S Introduction To Jurisprudence, 9th Edition, Page no 1079, Michael Freeman FBA, Sweet AND
Maxwell.

WEBSITES

I. https://www.deccanherald.com/brandspot/pr-spot/pitfalls-of-divorce-proceedings-in-india-
perfect- statistics-and-the-noisy-current-of-the-ganges-990273.html dated on 11th
September, 2021 at 4.30 p.m.
II. https://www.myadvo.in/blog/maintenance-rights-for-divorced-women-under-different-
religions dated on 9th September, 2021 at 6.30 p.m
III. https://www.phytojournal.com/archives/2018/vol7issue1/PartC/6-6-234-823.pdf dated on 12th
September, 2021 at 4.30 p.m.

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THE END

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