INCREASING DIVORCE RATE

SARDAR PATEL SUBHARTI INSTIYTUTE OF LAW

SWAMI VIVEKANAND SUBHARTI UNIVERSITY, MEERUT

2022-23

SUBJECT:SOCIOLOGY

TOPIC- INCREASING DIVORCE RATE

Submitted to: - Submitted by:-

Dr. Sartaj Ahmad Om Thakur

Professor BA LLB 1st semester
SPSIL (SVSU) SPSIL (SVSU)

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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my professor Dr. Sartaj Ahmad
Sir who gave me the golden opportunity to do this project on the topic ‘Increasing Divorce
Rate’ and helped me in doing a lot of research and completing my project. I came to know
about so many things. I am thankful to him. Secondly, I would like to thank my friends and
seniors who helped me a lot in finalizing this project within limited time frame.

I would like to express my gratitude to our Dean Dr.Vaibhav Goel Bhartiya Sir for
providing me with all the facility that was required. Last but not least , my thanks to all who
helped me directly or indirectly in the completion of my work.

Om Thakur

BA LLB 1st sem.

SPSIL(SVSU)

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TABLE OF CONTENTS

S.NO SUBJECT MATTER PAGE NO.

1) Introduction 4

2) Meaning & overview 5

3) Types of divorce 6-7

4) Reason of increasing divorce rate 8-9

5) Negative effect on children 10-11

6) Increasing divorce rate in India 12

7) way to control increasing divorce rate 13

8) Conclusion 14

9) Bibliography 15

INTRODUCTION

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Divorce is the legal or religious dissolution of marriage by agreement between the members
of a couple or for violation of any of the rights or obligations of marriage. Historically,the
decision to divorce was frowned upon by society because for many, marriage was a union
that should last a life time . I recent decades ,however,this concept has changed and today
divorce is a normal choise for those relationship that do not work.

Although marriage may seem simple , is not easy for a

couple to decide to end their marriage. Often, before deciding to divorce, they take a long
time to try to resolve the problems that exist. But sometimes they can not solve these
problems and decide that divorce is the best solution for problems.

MEANING & OVERVIEW

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Divorce also known as dissolution of marriage is the process of terminating a marriage or

marital union. Divorce usually entails the cancelling or reorganizing of the legal duties and
responsibilities of marriage , thus dissolving the bonds of matrimony between a married
couple under the rule of law of the particular country or state. Divorce laws vary country to
country around the world , but in most countries , divorce requires the sanction of a court or
other authority in a legal process, which may involves issues such as distribution of property,
child custody, parenting time , child support, division of debt. And many more. In most of the
countries law allows each former partner to marry another person.the only countries that do
not allow divorce are the Philippines and the Vatican city . in Philippines , divorce for non-
muslims Filipinos is not legal unless couple is n undocumented immigrant and satisfies
certain conditions. And Vatican city is a state which ruled by the head of the catholic church ,
a religion that does not allow for divorce.

Grounds for divorce vary widely from country to country

marriage be seen as a contract, a status, or a combination of these. Where it is seen as a
contract , the refusal or inability of one spouse to perform the obligation stipulated in the
contract may constitute a ground for divorce for the other spouse. On other hand in some
countries such as – Sweden , Finland , Australia, New Zealand , divorce is purely no fault.
That means it does not matter what the reasons are that a party or parties want to separate.
They can separate of their own free will without having to prove someone is at fault for
divorce. Though divorce law vary between jurisdictions , there are two basic approaches to
divorce first is fault based and second is no fault based.

TYPES OF DIVORCE

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1) Contested divorce- it means that one of the several issues are required to be heard by a
judge at trial level. This is more expensive , and the parties will have to pay for a
lawyer’s time and preparation. In such a case the spouses are not able to agree on
issues for custody of child and division of maritial assets . in such situation , the
litigation process takes longer to conclude . and the judge controls the outcome of the
such case of divorce.

2) At fault divorce- it requires proof by one party that the other party had commited an
act which is incompatible with the marriage .this was termed “grounds” for divorce
popularly called fault.

3) No fault divorce – Most of the western jurisdiction have a no- fault divorce system ,
which requires no allegation or proof of fault of either party. In this system of divorce
the application can be made by either party or by both parties jointly.

4) Uncontested divorce- it is estimated that upwards of 95% of divorces in the U.S. are
“uncontested” because the two parties are able to come to an agreement (either with
or without lawyers /mediators /collaborative counsel) about the property, children,
and support issues . when the parties can agree and present the court with a fair and
equitable agreement, approval of the divorce is almost guaranteed. If the two parties
cannot come to an agreement, they may ask the court to decide how to spilt property
and deal with the custody of their children. Though this may be necessary , the courts
would prefer parties to come to an agreement prior to entering court.

5) Collaborative divorce- it is a method for divorcing couples to come to an agreement

on divorce issues. In a collaborative divorce the parties negotiate, an agreed resolution
with the assistance of attorneys who are trained in the collaborative divorce process
and in the mediation. The parties are empowered to make their own decisions based
on their own needs and interests , but with complete information and full professional

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support. Once the process of collaborative divorce starts, the lawyers are disqualified
from representing the parties in a contested legal proceeding.

6) Mediated divorce - it is an alternative to traditional divorce litigation. In a divorce

mediation session, a mediator facilitates the discussion between parties by assisting
with communication and providing information and suggestions to help resolve
differences. At the end of the mediation process, the separating parties have typically
developed a tailored divorce agreement that can be submitted to the court . mediation
session can include either party’s attorneys, a neutral attorney or an attorney mediator
who can inform both parties about their legal rights.

REASONS OF INCREASING DIVORCE RATE

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Marriage is a beautiful concept but it comes with a heavy price . it is not easy to maintain any
relationship unless both sides are willing to work on it . a number of time this unwillingness
leads to divorce rates have gone way high in recent times and there are several reasons cited
for the same. Here is a list of some of the most common reasons why marriages come to an
end.

 Incompatibility-: when we say irreconcilable differences, it basically means

the level of incompatibility. It could be due to different values, problems in
sex life, religious differences or growth as a person which is independent and
not at all in sync.

 Miscommunication-: the root cause of most fights, arguments and divorces is

miscommunication. Assuming and presuming comes hand in hand with the
issue. Family issues and financial burdens if not discussed, leads to
separation and divorces and they can be ugly as well.

 Infidelity-: being unfaithful whether married or not is unacceptable. If this

happens in a marriage, you can not expect the other to understand. There is
obviously some kind of unhappiness , a missing puzzle in your marriage
which should be worked on and if it cannot then end it before you cheat.
Extramarital affairs are the last straw in a marriage and this often leads to
divorces.

 Addictions -: Alcohol , drugs or any other substance can often lead to a

divorce. Such addictions affect your mood swings , behaviour , sleep pattern
family responsibilities wastage of money and last but not least memory loss.

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 Domestic abuse-: this is a major reason which can lead to divorces. Not just
women but men too experience it and it is intolerable and also an offence on
the eyes of law.

 Family Issues -: It is not just the couple that is there in a married picture. If
your family or your partner interferes in how you live , how you bring up
your child and other household obligations, things tend to get ugly and
people do file for divorce in that given scenario.they do not want their kid to
grow in a negative environment if the partners do not support each other.

NEGATIVE EFFECT OF INCREASING DIVORCE RATE ON

CHILDREN

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Divorce can be difficult time for a family . not only are the parents realizing new ways of
relating to each other, but they are learning new ways to parent their children. When parents
divorce, the effects of divorce on children can vary . some children react to divorce in a
natural and understanding way, while other children may struggle.because,children in a
divorce may vary different temperaments, different understanding also different ages.

Here are some of the most commonly seen effects on children mention below-:

 Poor performance in academics-: Divorce is difficult for all members of the family.
For a children, trying to understand the changing dynamics of the family may leave
them distracted and confused. This interruption in their daily focus can mean one of
the effects of divorce on children would be seen in their academic performance
because they are not able to keep proper focus on their academic works.

 Loss of interest in social activity-: Research has suggested divorce can effect children
socially, as well children whose family is going through a divorce may a harder time
relating to others, and tend to loss social contacts. Sometimes children feel insecure
and wonder if their family family is only family that has gotten divorced.

 Difficulty adapting to change-: Through divorce , children can be affected by having

to learn to adapt to change more often and more frequently. New family dynamics,
new house or living situation,schools, friends,and many more may all have an effect.

 Anger-: In some cases where children do not know how to respond to the effects they
feel during divorce , they may become angry. Their anger may be directed to their
parents , themselves, friends and others.

 Feelings of guilt -: children often wonder why a divorce is happening in their family.
They will look for reasons , wondering if their parents no longer love each other , or if
theyb have done something wrong. These feelings of guilty are a very commoneffect

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of divorce on children, but also one which can lead to many other issues such as
increasing pressure, lead to dipression , stress, and many other health related
problems.

 Destructive behaviour-: while children go through divorce , it may lead to unexpected

future risks. Research has shown children who have experienced divorce in previous
year were more likely to participate in crime. And also most of the children acquired
smoking habbits or consume drugs.

INCREASING DIVORCE RATE IN INDIA

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In India , divorces are a big deal . it is painful but sometimes that is necessary for your
survival . Accourding to some reports , divorce have doubled over the past two decades
where most of the cases are from urban area of India.

Here are some reasons why divorce are increasing in India—

A. Domestic violence -: it is a very common issue in India with women reporting eye
injuries, burns ,broken bones etc. According to reports 31% of married women have
experienced abuse by their spouses. That means violation covers both types physical
as well as emotional.

B. Changing status of women -: in the last few decades, the status of Indian women has
undergone a dynamic transformation. Women , todey are independent , in the term of
their finance, social status , mental strength. They are no more dependent on their
partner in their life to provide them food,clothing , shelter etc. In fact, today many
women are earning more then their male partners. It is resulting in the form of ego
clashes between couple and they go for divorce.

C. Clashes with in-laws-: in India, every family have its own set of rules, traditions, and
customs. More then 50 % of Indian couples live with their parents and that comes
with its own sets of challenges. It is true that family gives us strength and support .but
sometimes ,the family could be root cause of divorce.

D. Don’t be the boss on bed-: There is no boss in the bedroom. Couples who follow this
mantra live a blissful and happy married life. But in the most Indian marriage settings
, men are treated as superior, this thinking is making marriage crumble.

As i have mentioned earlier, modern

women are independent and self dependent . they must have choice and voice in relationship ,
also the same goes for me

WAYS TO AVOID DIVORCE

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Commit to relationship-: to combat the risk to your relationship, decide ahead of time
that divorce is not an option. And making the commitment will helps you focus on
making your partnership stronger.

Honor and Respect your partner-: start by making a list of your partner best qualities
to remind yourself of the wonderful person you married.this little expression are
likely deposits in the bank. You don’t want to make withdrawls from your marriage
without any deposit. So,be sure you are doing thing that honor your partner for who
he or she is.

Communicate regularly -: in the age of smartphones, Netflix and work from home
lifestyle , it is easy to get distracted. You might find that you often go days without
having a real conversation with your spouse. Communicating openly about your life,
interests, dreams , frustration and feelings it is an important way to strong any
relationship. It is also necessary that you also listen to your partner.

Forgive quickly -: try to forgive your partner as soon as possible . remember that
forgiveness is just as much a gift you give yourself. And if you are wrong sincerely
apologize and ask for their forgiveness.

Don’t control your partner-: don’t try to monitor and control each other and learn to
collaborate on big decisions such as spending money and raising children and also let
your spouse have the freedom to come and go without having to ask your permission.

CONCLUSION

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Having a divorce is the saddest thing in everyone meaningful and loving marriage so
we must try the best we can prefer for avoid divorce. It usually becomes a situation
when two people who were once very close but later have become seprated not
physically ,but seprated in the terms of mentally.
Overall, the root cause is almost lack of
communication and understanding between couples. Therefore, each have to make an
effort to some of their time and energy to communicate with their partners after a long
and hard day of work. It may actually help to control the increasing rate of divorce.

BIBLIOGRAPHY

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1. https://www.wikipedia.org
2. https://www.verywellmind.com
3. https://www.drbrahma.com
4. https://timesofindia.indiatimes.com

THANK YOU

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