Chapter 4

Classification Interpretation and Analysis of Data.

4.1. Introduction

The work 'Research' is composed of two syllables, re and search. The Dictionary

defines the former as a prefix meaning again, anew or over again and the letter as a

verb meaning, to examine, closely and carefully, to test and try or to probe.

"The Advanced Learner's Dictionary of Current English" lays down the

meaning of research as "a careful investigation or inquiry special through search for

new facts in any branch of knowledge".

"Kerlinger Defines" Scientific research as, "it is a systematic, controlled empirical

and critical investigation of propositions about the presumed relationships about

various phenomenon356."

4.2 Empirical Research: The purpose of the empirical research is to lay

importance to the current field based condition of society. The importance of field

based studies is acknowledged in the research of the region based on the empirical

data. On the basis of group study, trial and error method have been followed. Each

group has been considered as a complete universe. Regional figures are also called

primary figures they are also called as primary data. This data is collected by the

Researcher by going to the research area herself. It compiles such data through an

observational, interview, schedule and questionnaire. Primary data is considered

356
Shipra Agarwal, Legal Research Methodology, 1st Edition 2003, Shri Sai Law Publication (Haryana)

169
more authentic and reliable as these data are taken from different sections of the

society itself. Most of the studies done in society are based on experienced research.

The Researches are based on the primary data related to their problem by going to

the study area based on the found researches the project report has been compiled.

4.3 Problem Selection:

Problem determination has special importance in every field of research. It forms the

first phase of research as well as an important stage. The research problem is selected

and the same is researched.

Divorce is emerging as one of the biggest problems people are facing these days.

Trivial issues affect the personal and social life of the couples which causes stress

and makes individual unsuccessful changing their lives and finally their destiny.

Underpinning the need for the public interest, the Researcher has selected „Divorce‟

as the topic of study. Attempts have been made to study the increasing reasons and

their effects on various sections of society. Study includes various measures that can

be adopted to reduce the rate and form of this problem in society. Hence the topic

„An Analytical Study of Divorce Laws in India’ has been chosen.

4.4 The hypothesis of the study

A sub-hypothesis is a hypothetical preamble. Nature of the sub-hypothesis should be

such that it can test its authenticity. The Researchers construct the hypothesis on the

basis of imagination and then compiles the facts and checks the authenticity of the

hypothesis. The Researcher directs research and forms a link in achieving the desired

objectives. Keeping in mind all these considerations the following hypotheses was

constructed.

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  Society is satisfied with the provisions in the law for divorce.

 The provisions related to divorce are not misused by society.

 Divorce laws are properly applied by the judiciary.

 The concept of Divorce under Laws has changed progressively.

4.5 Area of study

Research requires substantial time and money. This type of research has its own

limitations with means and time limits to be taken care of. The Researcher is a

resident of western Uttar Pradesh and has selected Delhi and four surrounding

districts in NCR. Delhi (All districts) and NCR Region (Ghaziabad, Gurugram,

Sonepat, Gautam Budh Nagar) for the purpose of this study.

The Researcher has taken views of Advocates, judges, NGOs, general public and

married women. Data collected from the various strata on the seriousness of the

divorce problem in society is obtained through Questionnaires and Interview

Techniques.

4.6 Stratified Random sampling Method

Sampling is the trend of research in which some units are carefully selected from the

units of the entire population covered under the research topic which can properly

represent the basic characteristics of the society. Researcher has adopted Pertaining

to selection, Random Selection is taken so that no unit gets priority in it. There is as

much opportunity to select one unit as it is for any other. This is based on the same

characteristic or characteristics in random sampling. By dividing the units of the

composite into different departments or classes, the first attempt is to bring and

overall uniformity. Looking at and keeping in mind, the field of research, the
171
researcher divides her survey into various classes keeping in view time and

resources. According to the classified system, Researcher has approached of 820

people of the above region and out of which only 610 people were responded and

gave their view. The present study in based on the analysis of the views collected by

the Researcher through questionnaire & Direct interview method and recorded their

response according and put all efforts to bring their point of view in the study and try

to reflect their responses as per recorded from them as any study especially

empirical study in try to reflect the thought of society and become a mirror image for

the need of society or such group of people belongs to various strata's.

The total comprises 275 General Public, 115 Married Women, 40 NGO’s, 150

Advocates and 30 Judges, Table no. 1 gives the details of the description. Rational

conclusions have been drawn on the basis of the research of each of the classes.

4.7 Collection of Data

The material has been compiled from mentioned below sources. To complete the

proposed research, the primary, secondary and tertiary material has been compiled.

4.7.1 Primary Data: Different marriage Acts under Personal Laws, Special

Marriage Act 1954, verbal interviews and questionnaire.

4.7.2 Secondary Data: Various journals, Articles, Books, Internet, Various

newspapers.

4.7.3 Tertiary Data: Commentaries and digest of ancient literature.

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4.8 Classification of Data:

After obtaining the data from various sources, it is necessary to categorize and

tabulate them separately. In this research, the first Respondents is general public and

married women; the second Respondents is NGO‟s, the third Respondents and final

Respondents of respondents was of the advocates and judges; only 30 judges were

interviewed from all 5 regions of study. Judges refused to give their views on any

problem. They said that it was against their protocol. On the condition of not

disclosing their name and position, the judges were interviewed. The Researcher

asked from the advocates the increasing reasons for the problem of divorce who has

the burden of providing justice to the victim of marriage. An attempt was made to

find out the reason increasing problems of divorce in real life situations. What are the

deficiencies in the system and how much aware they are about this problem and the

laws?, The feudal obtained by questioning the above study is presented and analyzed

through Table 1

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4.9 Profile of Respondents

Table 1

Respondents Male % Female % Other % Grand %

(Total) (Total) Total

General 93 45.58 182 49.73 00 0 275 45.1

Public
Married 00 0 115 31.42 00 0 115 18.8
Women
NGO’s 00 0 00 0 40 100 40 06.6

Advocates 90 44.12 60 16.4 00 0 150 24.5

Judges 21 10.3 09 2.45 00 0 30 05.0

Total 204 100 366 100 40 100 610 100

4.10 Chart Presentation for the Profile of Respondents.

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4.11 Analysis and Interpretation of Data Collected from the
Respondents.
4.11.1 Analysis of questions asked from General Public and Married Woman
Questions related to age, education, marital status, employment etc. were asked from

93 male and 182 female includes 41 unmarried females, 101 widows and 40 were

divorced women. researcher also asked the questions related to divorce from 115

Married Women. The data related to these questions with their response were

interpreted from table 1.1 to table 1.6.questions related to divorce and its legal

provisions were interpreted from table 2.1 to 3.11. the questionnaire for the reference

has been attached as an Annexure A

I Social and Economic profile of General Public and Married Women

1.1 Gender and Religion of respondents.

Table 1.1

Question 1.1 Religion of the Married

Male % Female %
respondents women %
Your Gender Hindu 44 47.31 90 49.45 55 47.83

and Religion Muslim 30 32.25 60 32.97 39 33.91

Christian 12 12.91 22 12.09 18 15.65

Parsi 7 7.53 10 5.49 03 02.61

Total 93 100 182 100 115 100

See Annexure -A

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Analysis

When Researcher asked questions related to divorce from the general public of

different religion during interview session. 47.31% of male and 49.45% of female

respondents belonged to Hindu religion, 32.25% of male and 32.97 % of respondents

female belonged to the Muslim religion, 12.91% of male and 11.76% of female

respondents belonged to the Christian religion and 07.53% of male and 5.49% of

female respondents belonged to Parsi religion. All people responded willingly and

gave their views. Whereas when the Researcher asked questions related to divorce

from 115 married women of different religions. 47.83 Married Women belonged to

Hindu religion. 33.91% of married women belonged to the Muslim religion, 15.65%

of married women belonged to the Christian religion and 02.61 % of married women

belonged to Parsi religion. All the Married women after understanding the graveness

of the topic on society, willingly responded on the topic and gave their views.

Researcher found that, Either its male or female both were understand that marriage

was a root system for any society and for healthy life, existence of good relations

were need of an hour. They also viewed that nowadays number of divorce causes in

present system has been increased. Now the meaning of ancient notion is changing

rapidly

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1.2 Age of Respondents
Table 1.2

Question 1.2 Married %

Respondents Males % Females %
women

Your Age 18-25 years 15 16.12 65 35.71 34 29.56

25-40 years 41 44.09 80 43.96 51 44.35

40-55 years 27 29.03 22 12.09 25 21.74

Above 55 05 04.35
10 10.76 15 08.24
years

Total 93 100.00 182 100.00 115 100.00

See Annexure -A
Analysis
When the Researcher asked the questions related to divorce from the general public

of different age groups. 16.12% of male and 35.71% of female belonged to 18-25

years age group, 44.09% of male and 43.85% of female belonged to 25-40 years age

group, 29.03% of male and 13.37% of female belonged to 40-55 years age group and

10.76% of male and 8.03% of female belonged to above 55 years age group were

responded on the topic and after understanding the impacts and consequences of the

situation, gave their views. When the Researcher asked the same questions related to

divorce from 115 married women of different age groups. 29.56% of Married women

belonged to 18-25 years age group. 44.35% of married women belonged to 25-40

years age group. 21.74% of married women belonged to 40-55 years age group and

04.35% of married women belonged to above 55 years age group. All the married

women responded to the topic and after understanding the situation and conditions

of married women and the after impacts on them and their relations wishfully gave

their views.

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1.3 Education of Respondents

Table 1.3

Question 1.3 Married %

Education Male %
Female % women

Your Uneducated 36 38.71 29 15.9 40 34.8

education Below 10th 8 8.60 57 31.4 17 14.8

10th 12 12.90 22 12.1 04 3.5

12th 9 9.68 35 19.2 15 13.0

Graduation 16 17.20 33 18.1 29 25.2

Post- 10 8.7

graduation 12 12.90 6 03.3

Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the Researcher asked the questions related to divorce from the general public

belonged to different education level groups. 38.71% of male and 15.09% of female

were uneducated and gave their views. 08.60% of male and 31.4% of female were

educated below 10th. 12.90% of male and 12.1% of female educated till 10th. 09.68%

of male and 19.2% of female educated till 12th. 17.20 % of male and 18.1% of female

educated till graduation. 12.90% of male and 03.3% of female educated till post-

graduation. During their interview session their response shows the grievousness of

the situation. When the Researcher asked the same questions related to divorce from

115 married women belonged to different education level groups. 34.8% of Married

178
women belonged to uneducated group gave their views. Similarly 14.8% of married

women educated below 10th, 3.5% of married women educated till 10th. 3.5% of

married women educated till 12th. 25.2% of married women educated till graduation

and 08.7% of married women educated till post-graduation. While taking their

interview, their responses highlighted the intensification for future generation and

worriedness about the ancient notion of rituals and beliefs.

Researcher observed that, in present society level of education plays an important

role. It helps an individual to create his/her opinion apart from the rules, regulation,

Laws created for the welfare society. During interview session it has been found that

apart of their level of Education all the respondents understand the depth of the

present problem and respond. They replied that as society is growing, the problem is

also grow with it and nowadays irrespective of rural or urban area, uneducated or

educated people, the number of cases has been found in all spheres of society.

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1.4 Employment status of respondents

Table 1.4

Question 1.4 Married %

Respondents
Male % female % women

Your Employed 41 44.09 65 35.7 53 46.1

employment Unemployed 15 16.13 38 20.9 33 28.7

status Professional 27 29.03 67 36.8 15 13.0

Businessman 10 10.75 12 6.6 14 12.2

Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the Researcher asked the questions related to divorce from general public

belonged to different employment status. 44.09% of male and 35.7% of female were

employed. 16.13% of male and 20.9% of female were unemployed. 29.03% of male

and 36.8% of female were professionals. 10.75% of male and 06.6% of female were

doing their own business. Respond on the topic after understanding the nature of

divorce and its positive and negative impacts on the society. Whereas, when

Researcher asked the questions related to divorce from 115 married women having

different employment status. 46.1% of Married women belonged to employed

group. 28.7% of Married women belonged to unemployed (housewives) group.

13.0% of Married Women belonged to professional group and 12.2% of Married

women belonged to Business-women group after understanding the nature and its

aftermath and with a hope that their views and thoughts will definitely bring a

positive change in the society, all women responded eagerly on the topic.

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1.5 Income of Respondents

Table 1.5

Question Married %
Respondents % %
1.5 Male Female Women

Your less than 5000 15 16.13 43 23.60 15 13.1

income 5000- 20000 25 26.88 61 33.5 25 21.7

20000-50000 33 35.48 49 26.9 45 39.1

50000-100000 12 12.90 17 9.4 22 19.1

Above 100000 8 8.60 12 6.6 8 7.0

Total 93 100 182 100 115 100

See Annexure -A

Analysis

During the interview session, when the Researcher asked the questions related to

divorce from general public. 16.13% of male and 23.60% of female belonged to

income group of less than 5000, 26.88% of male and 33.5% of female belonged to

income group of 5000-20000, 35.48% of male and 26.9% of female belonged to

income group 20000-50000, 12.90% of male and 09.4% of female belonged to

income group of 50000-100000 and 08.60% of male and 6.6% of female belonged to

income group of above 100000. All people belong to different income group

responded on the topic and give their views on the present situation of divorce in the

society. Similarly when the same questions related to divorce were asked by the

researcher from 115 Married Women then 13.04% of Married Women belonged to

less than income group of 5000. 21.74% of Married Women belonged to income

group of 5000-20000. 39.13% of Married women belonged to income group of

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20000-50000. 19.13% of Married women belonged to income group of 50000-

100000 and 06.96% of Married women belonged to income group of above 100000.

Understanding the present scenario of marriage and marital relations between the

Husband and wife, all the Married Women responded enthusiastically. They replied

that today, people had forgotten the importance of the marital knot. They treated it as

family drama and if characters are not responding as per view than they were not

ready for taking any pain to resolve the issues.

The researcher found that irrespective of different income group respondents

believed that level of income does not create or emphasis the nature of marriage or

issues involved in it. Divorce has not been observed in a rich class income group

income but it has also been observed in the lower class or lower level of income

group.

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1.6 Marital status of respondents

Table 1.6

Question Married
Respondents
1.6 Male % Female % Women %

Your Married 27 29.03 00 00 115 100

Marital Unmarried 17 18.28 41 22.5 00 00

status widower/ 00 00
36 38.71 101 55.5
widow

Divorcee 13 13.98 40 22.0 00 00

Total 93 100.00 182 100 115 100

See Annexure -A

Analysis

When the Researcher asked the questions related to divorce from general public on

the basis of their marital status than, 29.03% of male belonged to married

Respondents, 18.28% of male and 22.53% of female were belonged to Unmarried

Respondents. 38.71% of male and 55.49% of female were belonged to widowed

Respondents and 13.98% of male and 21.98% of female were belonged to divorcee

Respondents. All the people after understanding the seriousness and consequences of

the situation in present times, gave their views. They said that today people were

misusing this relief and taking benefits of their own faults. Whereas, when the

Researcher asked the questions related to divorce from 115 married women 100% of

Married women responded that Marriage is a Blessing of god and no one has right to

disrespect it. We belongs to such land where husband and wife were not separable

even after their death but nowadays number of incidents has been witnessed through

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social media or their neighbouring place that female after marriage were torture,

harass either for dowry, male child Birth, extramarital relations etc. and they not able

to fulfill their desires and lust etc. Even in some cases the torture is so grievous that it

may bring her to death. For such conditions sometimes, ignoring the ancient notion is

also gives positive sign for the life of the female. Apart of this, researcher also found

that not only married women or divorce, respondents those who were unmarried has

also responded in the same manner.

Researcher after interaction with respondents having different marital status had the

woman view point. They replied that greed for dowry, violence in marriage, extra

marital relations are the most popular causes of divorce in present days. Being

society fitting towards the modernisation or western culture the people living in

Indian Culture or system were getting more influenced from that,

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II. General Awareness about Marriage and Divorce:
2.1. Nature of marriage in present scenario.
Table 2.1

Question Married
Respondents
2.1 Male % Female % women %
What is Contract 36 38.71 99 54.4 60 52.2

the Sacrament 42 45.16 71 39.0 44 38.2

nature of can‟t say 14 15.05 13 07.14 11 09.6

marriage Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the Researcher asked the questions in relation to divorce from the general

public that whether they considers marriage as a contract or a sacrament. 38.71% of

male and 54.4% of female described marriage as a contract because in present times

the marriage is a give and take relation in which both husband and wife are equal,

both are educated and bot are the bread earner for the family. So if both are not

happy in the companionship of each other then they prefer to consider the nature of

marriage as a contract.. On the other side 45.16% of male and 39.0% of female

consider it as a sacrament because Hindu marriage is based on customs and rituals

like Saptapadi Kanyadana, Panigraha which only gives it the form of the sacrament.

They opined that at present marriage has taken the form of a contract in which if the

husband and wife do not get satisfaction (mentally, financially, physically,

emotionally and so on ), then they think, it is appropriate to dissolve their relations,

rather to carry the burden of dead relations. 15.05% of male and 7.14% of female

refuse to give any response to this question by saying that today the couple change

the form of marriage according to their interests, when it comes to the rights of the

185
woman, they consider it as a sacrament, but when society talks about males

domination then suddenly it becomes a form of contract. The Researcher found that

even today marriage is acceptable as a ritual by people of different religions but in

changing society the circumstances are now also changed. Now all classes in society

are aware of their interests and marriage. Presently marriage is accepted as a

sacrament as well as a contract. Whereas, when the question asked by the researcher

from 115 Married women about the marriage then, 52.17% of Married women

considered marriage as a religious ritual. As per them, Saptapadi under marriage was

important. They believed that in today's era, the nature of relationships is changing

rapidly, but the meaning of marriage has not changed till date. It was concluded that

People believe in rituals like marriage, family and want to live for them, with them.

They believe that by living in religious rituals and social notions marriage attains

full faith between the parties. On the other hand, 38.26% of Married women

responded that today, society is changing. According to them, nowadays marriage

has taken the form of contract; and divorce is considered as final treatment of the

disputes arising between husband and wife. Due to such estrangement they

discontinue their relationship. 09.57% of Married women said that today husband

and wife are well educated and develop mutual understanding. Our views, ideology

will not have any impact and change their thinking. The Researcher found that

society and especially married women are well aware of the problem like divorce.

They do not want to easily change the existence of marriages and the disputes arising

in divorce, but when it comes to the standard of living, education, etc., they are also

oppressed in marriage. It seems that at the initial level of disputes every couple

especially females and Married women tried to save the marriage but when it seems

that there will no hope then it appropriate to dissolved it.

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2.2. The spouses are able to solve their differences themselves:

Table 2.2

Question Married %
Respondents Male % Female %
2.2 Women

Did the 46 40.0

Yes 21 22.58 58 31.9
spouse
52 45.2
No 57 61.29 102 56.0
able to

solve their 17 14.8

Don‟t know 15 16.13 22 12.1
differences

themselves Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the researcher asked the question relating to divorce that are couples able to

solve their matrimonial issues with their own or by the help of court then, 22.58% of

male and 31.9% of female said that in today's modern era, the husband and wife are

so much capable that they can resolve the disputes that arise in their midst

themselves. On the other hand, 61.29% of male and 56.0% of female believed that if

any disputes arise between the husband and wife, then the elders of family, relatives

and finally the court can get their disputes resolved and they were not resolved them

by themselves. 16.13% of male and 12.1% of female said that how a husband and

wife will settle a behavioural dispute depends on them. It is not fair for us to give any

view or respond on their mutual relations. The Researchers have found that if a

dispute arises in a marriage today, the couple seeks a solution in the court as the

decisions given by the court is binding on both the parties. Whereas when the

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question being asked from the Married women during the interview session, 40% Of

Married Women said that husband and wife are educated today, they are self-reliant

and are capable too, if any dispute or misunderstanding arises between them, they

prefer to resolve it among themselves rather to go to court as the proceedings are

time taken and expensive too. The 45.2% of Married women said that today, where

the importance of joint family is getting depleted in the society, people are living in a

nuclear family system. Newly wedded in the families are unable to understand

problem in their relationship and how to deal with them and later when they face

problems in their marital relations, they had left with no other option rather than to

go the courts. 14.8% of Married Women were of the opinion that today husband and

wife are aware of their relationship, they know very well what will be their life after

divorce, and therefore, our opinion or reaction will not change their thinking. The

Researcher found that, today society has developed, our culture has influenced it so

much that husband and wife are able to settle their disputes arising in marriage today

and do not want to take their every small or little issues to the court but where the

issues are of serious nature then it becomes there necessity to take help of the court

for settling down their disputes.

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 2.3. The reasons for divorce in modern society.

Table 2.3
Question Married
Respondents
1.3 Males % Females % Women %

What is The dominance of 29 25.2

the western culture 17 18.28 30 16.5

reasons Intolerance 28 30.12 59 32.4 31 27.0

for Higher education 23 24.73 5 02.7 09 07.8

divorce Extramarital affair 14 15.05 70 38.5 30 26.1

in Women 16 14.0

modern empowerment 11 11.82 18 09.9

society. Total 93 100 182 100 115 100

See Annexure -A

Analysis

When researcher asked the question relating to the reason behind increasing divorce

in present days than 18.28% of male and 16.5% of female respond that the most

effective reason among the growing causes of divorce is the influence of western

culture on society. In present time, there is a decrease in the mutual understanding

between the husband and wife due to high standard of living and both were working

due to which they do not develop a healthy relation and understanding between them.

30.12% of male and 34.2% of female said that as per their opinion the main reason

for divorce is intolerance in these days because there is a lot of change in the

circumstances of marriage due to which the husband and wife convert trifles into

huge issues and at the end their settlement can take place only in the court and finally

they though to get divorce from each other in the form of relief is the only option for

189
them. 24.73% of male and 2.75% of female considered higher education as a reason

for divorce. Higher-level education of female, in which she has the ability to match

male, challenges the thinking of males dominated society due to which common

differences become serious estrangement which later takes the form of divorce.

15.05% of male and 38.46% of female expressed their opinion on an extramarital

affair. They believed that if a married couple ignores their spouses and forms a

relationship with another woman or man, they betray their marital relationship,

making this a serious problem in marriage which forms the main basis of divorce.

11.82% of male and 9.89% of female gave their opinion on women empowerment,

saying that the way women are getting a higher education, women empowerment is

increasing in society. Husband in some situations encourage their wives to be

educated and empowered, but when she get more capable then him, it hurts the male-

Ego of the Husband. At present, the number of such husbands are very less who

promote their wives and feel proud on their achievements. Sometimes male also

harass female for her empowerment. The Researcher found that extramarital affair

under section 13 sub-clause 1 of Hindu Marriage Act 1955 is a ground of divorce on

the basis of guilt or fault theory. In the present scenario after the amendment of this

ground under section 497 of IPC the number of cases have been increasing. It‟s

really a very sad situation for a society that women empowerment and higher

education are also considered one of the grounds for divorce. Whereas, when the

questions were asked from the 115 married women 25.22% of married women were

of the opinion that western culture is having a great impact on our society. Today we

are forgetting our traditional culture and moving towards modernization very rapidly

which has the most negative impact on the relationship. Where the relation of

husband and wife was not end even after death, today due to modernisation and

190
influence of western culture it takes the form of contract. 26.96% of married women

were of the opinion that intolerance is also a reason for divorce. Today, husband and

wife want a prosperous life but no one is ready to fulfill their duties towards peaceful

matrimonial home. They start quarrelling even on trifle issues. 07.83% of Married

women respond that today women are highly educated and not ready to compromise

in marriages. Now they are aware of their rights and raise their voice against any

harassment, exploitation, violence etc.in comparison to which they suffered earlier in

conservative marriages, when the status of married women was not more than a

domestic slave. 26.09% of married women were of the opinion that one of the main

reasons of increasing divorce in the society is Extra Marital Affair due to which the

relationship of husband and wife is leading to divorce. After amending section 497 of

Indian Penal Code, it is seen that disputes between husband and wife have increased

in number because according to the amendment of this section, adultery is no longer

a criminal offence.13.90% of married women respond that females are nowadays

highly educated they are not ready to compromise in their marriages especially in the

case of education. In the present scenario, women are holding equal responsibilities

and sharing equal duty of a matrimonial house just like men, which up to some

extent hurts the ego of males dominating society. So disputes on small issues

increase, which later on takes the place of divorce. Talking about the status of

daughter-in-law, the Researcher come to a conclusion that it still needs time to

change as transformation in society depends on the former. A daughter-in-law still

travels a lot for the journey of becoming a daughter from daughter-in-law. It‟s really

a painful fact that a female who already suffered from this journey want to make

suffer her daughter- in-law from the same journey but have different ideology in case

of her daughter.

191
2.4 The impact of divorce in our society.

Table 2.4

Question Married
Respondents
2.4 Male % Female % women %

What is the Good 25 26.88 33 18.2 26 22.6

impact of bad 15 16.13 46 25.3 21 18.3

divorce in Worst 49 52.69 80 43.9 55 47.8

our society. No Impact 4 4.3 23 12.6 13 11.3

Total 93 100 182 100 115 100

See Annexure -A

Analysis

When questioned raised by the Researcher from the general people related to the

impact of divorce, 26.88% of male and 18.2% of female said that the effect of

divorce on society was good. They often said that the problems of the marital couple

whether it is husband or wife are obtained through the final satisfaction of divorce. It

is also proved to be effective in making their new life easy and simple. 16.13% of

male and 25.3% of female said that divorce had a bad effect on society. They

believed that fast-growing divorces will end our civilization and culture which is

manifested in marriages of different religions. Confidence will be lost even though it

may have less impact in the present but will definitely be seen in future generations.

52.69% of male and 43.9% of female said that the effect of divorce on society is

worst. They said that nowadays the faith in the institution like marriage, which is

the basis of the family, is going to cease or exist in the form of growing rate of

broken marriages through divorce. The new generation has lost faith in the institution

192
like marriage. The new generation is giving priority to live-in relationship over

marriage. If live-in relationship will be accepted in society instead of marriage. The

existence of marriages will be ended similarly the way it is finished the system of

joint families over nuclear families. In live-in relationships, the rights of parties are

very limited but in marriages, they can demand their legal rights. 4.30% of male and

12.30% of female said that divorce does not have any effect on today's modern

society. It is on the thinking of the parties that how they accept the divorce. In today's

society, the situation of every couple is different from each other. So their attitude

towards divorce is also different from each other. The Researcher found that while

the court validated live-in relationship to protect the rights of women. Today there

has been a reason for not believing in an institution like marriage. Today, men and

women do not live in marriage. They Prefer to be in a live-in relationship because

their duties towards each other become binding when they are married but in a

relationship, they have limited duties towards each other. When the same question

was asked from the married women than 22.6% of Married women said that it has a

good impact especially for those women who suffer under their marriages by her

family members. Once these provisions are supplied to the society, they are

empowered to get rid of the burden of their dead relations. On the other side, 18.3%

of Married woman had their view that divorce is not good for society as it has a

negative impact on the children and especially on women who get a divorce as in the

Indian system the society is male-dominated society and it is very difficult to live in

this system as a single. The mind-set of society cannot be changed so easily. They

are pre- minded and have a presumption that definitely the fault is on the part of

female rather than males. 47.8% of married women believed that no one is satisfied

with divorce due to broken relations, criminal feelings increase within them.

193
Children lose their trust in society and social system. People fail to have faith in the

sanctity, and thereby leaving a negative impact on any society. 11.3% of Married

women respond in “No Impact” as they had a view that it is a mind-set and depends

upon the level of understanding of husband and wife that how they deal with their

relation. The Researcher found that divorce is currently having a positive and

negative impact on society. Now marriage and matrimonial relationships are

destroying the faith of the new generation. Apart from marriage, the live-in-

relationship is being given importance mainly due to the Decision given by the courts

on trifles matters in the interest of the parties.

Researcher observed that while interacting with male respondents, they felt that due

to the present structure of laws male were more humiliated and fell tortured by the

legal system.

194
2.5. Effect of divorce on children.

Table 2.5

Question 2.5 Married

Respondents
Male % Female % Women %
Poor social 25 21.7
What effect skills 22 23.65 61 33.5
does divorce propensity 75 65.2
have on for crime 49 52.7 83 45.6
children Being 13 11.3
independent 14 15.05 25 13.7
No effect 8 8.6 13 07.2 02 01.8
Total 93 100 182 100 115 100
See Annexure -A

Analysis

When the question asked by the Researcher from the general public relating to

effects of divorce on the children than, 23.65% of male and 33.5% of female said

that the worst effect of divorce is on the development of children. They lose their

faith in various institutions and relationships established by the society. They keep

themselves away from marriage, marital relations, which proves to be a shock in the

development of society in the future. 52.69% of male and 45.6% of female said that

in situations where parents get separate from each other by divorce. Their children

express their anguish and pain by harming other people and indulge in many types of

child crimes, through which they try to calm their mind. As a result, they develop

the tendency towards crime. 15.05% of male and 13.7% of female said that due to

such reasons children learn to depend on themselves quickly. They do not depend on

their parents for their livelihood. They avoid to be in relationship due to the failure of

their parents relationship. 8.60% of male and 6.96% of female said that divorce does

195
not affect the upbringing of the children as the husband and wife are separated from

the parents and not the parents. Based on the above opinion, the Researcher found

that children are affected by the parents‟ divorce but it also depends on the parents

upbringing social environment and the existing relationship in the family, which

trend children adopt after divorce. It has been seen many times that where a couple

fails as husband and wife, on the other hand, they also prove to be a successful parent

for their children. On the other hand when the researcher asked the same question

from the Married Women that what impact or effect have on child from broken

marriage of their parents then 21.7% of Married women said that children are the

most affected by divorce. After divorce, children are the most sufferer, due to the

broken relationship of the parents. They lost their faith in marriages and get them

isolated from their families. 65.2% of Married women said that due to the separation

of the parents, children do not get the love of their parents properly, due to which

their upbringing is not complete. They start compromising in their present condition

and get involved in criminal activities like robbery, chain snatching, murder, etc. to

punish society with a sense of revenge. 11.3% of married women said that in such

circumstance‟s children become dependent on themselves ahead of time and become

self-sufficient by compromising with social conditions. 1.8% of Married women said

that the separation of parents has no effect on the children as the judgments are given

by the court keeping in mind the interests of the children. The court takes concrete

steps for the bright future of children. The Researcher found that divorce has more

impact on children than on society. They live with their parents' broken relationship.

Being a future generation of society, divorce has both negative and positive effects

on many children. They get involved in criminal activities on one hand and on the

196
other hand, some children are self-dependent and they live their lives happily in

society.

Researcher has observed while interviewing & interacting with people that Divorce

was influenced the lives of young ones or new generation as they were inculcate

bitterness of relations in their lines & develop a negative aspect towards society &

people which somehow also reflects in their personality also and they viewed their

relations with the same frame work as their parents do.

197
2.6. The most Sufferer after divorced.

Table 2.6

Question Married
Respondents
2.6 Male % Female % women %

Who is the Husband 9 9.68 24 13.2 13 11.3

most sufferer Wife 12 12.9 54 29.6 20 17.4

after being Children 42 45.16 72 39.6 51 44.3

divorced all of them 23 24.73 20 11.0 26 22.6

Don‟t Know 7 7.53 12 06.6 05 4.4

Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the Researcher asked from the general public that after divorce who is the

most affected person from such breakdown of relations than, 9.68% of male and

13.2% of female responded that divorce affects men as well, because marriages are

made for both men and women and if a marriage is severed, it has the same effect on

men. That women are being subjected to mental and physical harassment. Even

today Suits are filed by women against men on domestic violence, harassment,

dowry, etc.in order to force them to divorce and give Alimony. In such

circumstances men consider divorce as the ultimate relief. 12.90% of male and

29.6% of female respond that according to their opinion that in divorce wife is the

most troubled because after the divorce the life of women in the society becomes

very pathetic. She does not start a good life again and her parents are less able to

cooperate with her. She feels helpless in answering various questions of the society

198
and gradually take herself and be apart from society. 45.16% of male and 39.6% of

female replied that divorce affects the wife as well as the children. Divorce has a

negative effect on mental state of the children. They start to consider themselves as

the reason for the parents' divorce and They develop a tendency to take revenge from

the society. 24.73% of male and 11% of female said that if a relationship breaks up,

all the relationships related to the relationship are affected to some extent whether it

is husband or wife, children or elderly parents. 7.53% of men and 6.6% of women

refused to give any kind of response to the effects of their divorce. They opined that

this would not affect the growing divorce in the society. The Researcher found that

divorce is leaving its mark on the society, which is affecting the generation of the

unworthy and the current relationships. All are demanding the fulfilment of their

rights, but they have forgotten that with every right there is a There is also an

obligation which no one is ready to fulfil today. Whereas when the same question

was asked from the married women than, 11.3% of married women said that if the

relationship breaks down, it affects the wife as well as the husband because today

women are self-reliant, empowered, educated, due to which, in modern society, the

husband lost his god fame position and in many cases, it has been perceived that by

abusing laws, husband also has to endure mental and socio-economic harassments.

17.4% of Married women believe that according to their opinion, wife is the most

afflicted because even today, opinion of women is that marriage is a bond of seven

births, it is a precious gift of our culture that husband and wife are not separate even

although being individuals, but if a situation arises where the marriage breaks up,

even, if they do not want, then the wife not prepare herself to enter into a new

environment or cannot prepare for the same phase of life again and spends her the

rest of the life in the same way. Expressing their opinion 44.3% of Married women,

199
said that children have to be deprived of the love of both the parents, they get

involved in crime, drugs and other types of malpractices, due to which their

educational and social development is not feasible and they cannot accept society in

positive form. 22.6% of Married women respond that if a relationship breaks then it

affects all the relations which are related to it. They replied that it is very difficult to

analyse who is the most sufferer as they had seen in the number of cases that the

husband and his family members also suffer after divorce either socially,

economically and emotionally. 04.4% of married women replied that they don‟t

know who is the most sufferer in broken marriages as it depends upon the situations

and conditions under which such relation has break down. The Researcher has found

that marriage is a process whereby countless relationships are formed. At the end of

it, divorce negatively effects on all the relationships. Sometimes some problems are

not dealt with by legal provisions. The couples themselves deal with them. In such

cases importance of relationship in life will never ends.

Researcher also witnessed that although all the relations whether its Husband-wife or

mother -father , both get effected from divorce and a child, who just started life will

always carry the burden of the broken relations in their mind.

200
III. Legal Awareness

3.1. Knowledge of legal provisions relating to divorce.

Table 3.1

Question Respondents Male % Female % Married %

3.1 women

Do you know Yes 48 51.61 93 51.1 75 65.2

the legal 34 29.6

No 19 20.43 65 35.7
provisions
Don't Know 26 27.96 24 13.2 06 05.2
relating to

divorce. Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the Researcher asked from the general public about the knowledge of legal

provisions relating to Divorce than, 51.61% of male and 51.1% of Female said that

they have knowledge about the legal process related to divorce because it has

become a common practice in the society. Today it has become very necessary to

know the legal process and legal provisions for the fulfillment of rights. 20.43% of

male and 35.7% of female said that they know what divorce is but they are not fully

aware with the process of the court. On the other hand 27.96% of male and 13.2% of

female said that they don‟t know the provision of Divorce. The Researcher found

that in present society, the general public is also fully aware of their legal and

personal rights. Whereas, when the researcher asked the same question from the

married Women than, 65.2% of Married women said that they are aware of the legal

provisions relating to divorce as it is a growing problem of the society; they get

201
information about it through newspaper media and other means. At present, everyone

want to know the process through they can get their rights. So, it is important to have

knowledge of legal provisions.

29.6% of Married Women said that they knew the word Divorce but they don‟t have

knowledge about the law relating to Divorce. 05.2% of married women gave their

opinion that they could not have knowledge of the legal provisions easily. At present

due to illiteracy, human rights and duties are converted into legal rights, for the

disposal of which the advocates are required in the court. Therefore they don‟t know

about the legal provisions. The Researcher found that more people had knowledge of

the provisions of divorce but due to their complexity in the follow-up, they still need

a legal counsel.

Researcher observed that being a social animal all persons wants to live in a society

within a group but in certain circumstances or conditions some how its not feasible to

live in an union ship and for such reason, now its become necessity to have basic

knowledge of all remedial measures but still for depth knowledge & procedure a

special knowledge & a special professional is always required

202
 1.2. Disputes arise between the spouses resolved.

Table 3.2

Question Married
Respondents
3.2 Male % female % women %

Whether
The Court
disputes 44 47.31 117 64.3 85 73.9

arise outside Court 24.7 17 14.8

37 39.78 45
between
No Comment 12 12.91 20 11.0 13 11.3
the

spouses

resolved

by
Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the question being asked by the Researcher from the general public relating

resolution of disputes between the parties than, 47.31% of male and 64.3% of female

answered that if any dispute arises in the relationship of husband and wife then it is

best to go to the court for their settlement because the possibility of mutual

reconciliation today is completely out of reach. The parties are exhausted and fully

aware of their legal rights and do not want to settle the divorce by other means.

39.78% of male and 24.7% of female replied that if any dispute arises in husband-

wife relationships, they does not want to take the dispute to the court. For parties this

is more important to settle the disputes outside the court due to their social

203
reputation. They do not want to be in the year-long process of the justice system and

should keep themselves away from mental, financial oppression of the justice

system.

12.91% of male and 11.0% of female refused to give any kind of response as they

opined that it is up to the discretion of the husband or wife to settle their case in court

or outside the court. The Researcher felt that it is depends on the process by which

the husband and wife are dealt with. Most have observed that divorce cases are

settled through the court because in court the rights of both husband and wife are

protected. Whereas on the other hand when the same question was asked from the

married women than, The 73.9% of Married women believed that the divorce should

be settled in the court so that if they want to remarry in future, then there should not

be any problem in it; they believed that the legal process is not simple but the final

satisfaction if the court it is binding on both parties. 11.8% of Married women

replied that most husbands and wives settle their disputes outside the court where

earlier there were joint families. Today the single-family system has come up, due to

which small matters arising in marriage can be resolved. They are unable to get the

support of the elders of the family and later the dispute takes the form of divorce.

Thinking of People in society has changed. They Believe if two people are not able

to maintain marital relations then it‟s better that they should stay apart from each

other. 11.3% married women expressed their inability to express their views, saying

that it is a matter of interest of the parties that they do what they think is appropriate

and that our reaction is of no importance. The Researcher found that the reason for

increasing divorce cases is that the problem is resolved by the parties not the very

the first level but they prefer to go in court which they consider as the ultimate

solution.

204
3.3 Divorce as a way of settlement in marital dispute.

Table 3.3

Question Married
Respondents %
3.3 Males % females % women

Do you support Yes 49 52.69 45 24.7 56 48.7

divorce as a
No 37 39.78 134 73.6 46 40.0
way of
Can‟t say 7 7.53 03 01.6 13 11.3
settlement in
marital dispute. Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the Researcher asked from the general public that whether divorce is the only

relief in the Matrimonial disputes and was the last option for the settlement than,

52.69% of male and 24.7 % of female said that in today's situation where marriage

becomes a burden, divorce remains the only treatment in such relationships because

in those relationships where the relationship is dead. Then how someone can lead

their life in it. 39.78% of male and 73.6 % of Female said that there are differences in

the relationship. It is not necessary that the thinking of one matches the other, where

there are differences in the two people. This does not mean that they are in their

relationships to be put to an end. 7.53% of male and 1.6 % of female said that it is

their own forbidden position of the couple how they see their relationship. Our

opinion does not affect their relationship in any way. The Researcher found that if

the couple were to see divorce as a final relief on small matters, then it would have a

205
serious impact on the social structure somewhere. Under 71st report of the Law

Commission, the basis which was not recognized at that time. It will take the form of

law by the way of Precedents. Whereas, on the other when the same was asked from

the married women than 48.7% of Married women gave their answer is yes, saying

that marital disputes take such a huge form in some circumstances that cannot be

resolved even by mutual agreements, in which case the couple only has divorce as

the last option. 40% of married women did not express their opinion. They said that

there are disputes in every relationship, whether it is with parents or siblings, then

why only in the relationship of husband and wife, why do the husband and wife

break their relationship? Relations cannot be settled by mutual agreement and mutual

understanding. 11.3% of married women, according to their opinion, said that it

depends upon the understanding of the husband and wife, how they take up the

dispute in their marriage. Their opinion will not affect their marital relationship.

The Researcher found that if divorce is necessary for a relationship as a final

satisfaction, then it can be taken positively. It is also not appropriate to take divorce

as negative at very first sight. Although people had developed a mindset that divorce

is always negative impact but this totally myth. We cannot create our opinion only on

the basis of few illustrations and cannot become judgemental.

206
3.4. After getting divorce people remarry.

Table3.4

Question Married %
Respondents
3.4 Male % Female % Women

Are you agree 63 54.8

Yes
that after 58 62.36 126 69.2

getting 48 41.7
No
divorce 32 34.41 37 20.3

people will 34 03.5

can‟t say
remarry 3 3.23 19 10.5

Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the researcher asked the question from the general public related that after

divorce people will remarry or not than, 62.36% male and 63.0 % female replied that

yes male and female remarry after divorce, as it is very important for their new life,

now there is a change in the thinking of society. Previously divorce and after divorce

remarriage is a serious problem especially in case of female but now the situation has

been changed. They believed that remarriage after divorce is an essential to start a

new life and therefore support re-marriage. 34.41% of male and 20.3 % of female

opined that the parties do not remarry. They do not want to put themselves in the

same dilemma from which they have come out. They spend their lives with the same

207
belief that when the first department If the result was divorce, then the result of

remarriage should not be divorce at all. 3.23% of male and 10.5% of female said that

we do not know whether the parties get remarried or not as they are free for these

situations on which their comment would not be appropriate. The Researcher found

that divorce is a serious problem but also a treatment for those who were spending

their lives in a very pathetic state in their marital relationships. It is also a boon for

the parties who come out of their marital relationships and remarry. Whereas, when

the question raised from the Married women than, 54.8% of married women said

that life does not end after the dissolution of a marriage. A virtuous marriage is

required to run a life and a family, which must be taken positively, letting the victim

to start a new life. 41.4% of married women said that the parties never want to get

remarried because they do not want to suffer economic, social and mental pain again

in their lives and do not face the society again, if the remarriage does not successful

then again they have to go through the same agony and pain. People are pre minded

that if there first marriage was unsuccessful than there is a possibility that there

second marriage was also unsuccessful. 03.5 % of married women said that they

have no opinion on remarriage. It is a matter related to the life of husband and wife.

They are free to live their life the way they wants. The Researcher felt that divorce

does not have too much negative impact on the society, if the parties live their life

happily by marrying again, then it is their right as well. Article 21 also gives us the

freedom to live our life well with proper standards of life. It can be said that if

someone has failed in the first marriage, then how his/her second marriage will also

fail.

208
3.5. The most common conclusion to divorce in the society specially in case of

child.

Table 3.5

Question 3.5 Married %

Respondents
Male % female % women

What is the Adoption 10 10.75 21 11.5 17 14.8

most common child custody 48 51.61 74 40.7 52 45.2

conclusion to Child support 35 30.4

divorce in the (both parents) 15 16.13 53 29.1

society Don‟t Know 20 21.51 34 18.7 11 09.6

specially in

case of child. Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the Researcher asked from the general public relating to divorce that after

divorce, the condition of children in society is satisfactory or not than, 10.75% of

male and 11.5% of female were of the opinion that if the parents are not able to

fulfill their duties towards the children after divorce because they no longer have a

marital relationship. Then, in such a situation, they gives their child in adoption so

that they can run their and the child's life smoothly. On the other hand, 51.61% of

male and 40.7% of female believed that whoever is competent after divorce, court

has granted custody of child. Either husband or wife, were given the responsibility of

raising the children, so that any deficiency in child care is not created and the child

gets good education and social relations at a good level, he cannot be exploited in

209
any way due to divorce of his parents. 16.13% of male and 29.1% of female said

that if the woman wants to marry again after the separation, then she has to handover

the responsibility of child either with her parents or the parents of her Ex-husband.

The general public was of the opinion that men don't like to bear the responsibility

of raising the child. He also entrusts the responsibility of the child towards his

parents, wife or the parents of the wife. 21.51% of male and 18.7% of female said

that we cannot say anything because it is a personal matter of parents how they raise

their children and where the matter of divorce it is decided according to their

circumstances. The Researcher found that divorce does not only change the

circumstances of husband and wife but also affects the economic social mental

conditions of the child due to which he is not fully developed and he loses his faith in

social relations. Whereas, when the question asked from the Married women than,

14.8% of married women said that if parents are unable to live together then after

the divorce, it is appropriate to give their child in adoption in the view of interest for

the child. This way, there will be no negative impact on the child. Moreover the child

will live with full positive attitude and brought up in the positive atmosphere. 45.2%

of married women said that before the court gives a decision of divorce, the question

of responsibility for raising the child is ensured so that there is no obstacle in the

development of the child after divorce. 30.4% of Married women said that after

divorce it has been noticed that parents of female or male had taken responsibility of

their grandchild so that they can remarry again and enter into a new life. 09.6% of

married women said that they have nothing to say because the parents themselves are

responsible for their children, it is their own decision, how to raise a child or to

whom they handover the custody of a child. The imposition of their thoughts on them

does not improve the situation. The Researcher found, that before re-marriage,

210
parents prefer to ensure that after the dissolution of their marriage the responsibilities

related to child and all their obligations should be fulfilled so that they can remarry

and enter into a new life and the life of a child will also not get effected.

211
3.6 Knowledge for filing a divorce petition in court.

Table 3.6

Question Married %
Respondents
3.6 Male % female % women

Do you know Yes 18 19.35 79 43.4 58 50.4

how to file a No 44 47.31 65 35.7 51 44.4

divorce don‟t know 31 33.34 38 20.9 06 05.2

petition in

court. Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the researcher asked the question relating to the knowledge for the procedure

of filing the divorce petition than, 19.35 % of male and 43.4% of female said that

they have knowledge about that the legal process of divorce and how these cases are

filed in the court. Today various programs are being run by the government,

including their rights under marital relations. Awareness of this is being spread in the

society due to which most of the people in the society are aware from the process of

divorce. 47.31% of male and 35.7% of female said that they do not have knowledge

about the process of divorce as any legal process is very complicated which requires

an expert or advocate. Sometimes due to lack of education, parties suffer loss also

sometimes it has been seen that the whole life of applicant ends in the wait for the

decision of court so they cannot take any risk or commit any fault and prefer to seek

the help of a legal expert. 33.34% of male and 20.9% of female refused to express

their opinion that this is a complex process which can be used only with the help of a

212
specialist. The Researcher found that the general public gets information about laws

related to divorce from media, newspaper, special programs run by government etc.

but full knowledge of the legal process can only be obtained from legal experts when

individuals are involved in a dispute They settle that matter with the help of legal

experts, the government should create such a medium through which the awareness

related to divorce and its pros and cons should be spread in the general public. It can

be envisaged that divorce cases can be reduced if the knowledge of the legal process

and the impact of process either ruined or rebuild their lives. When the same question

was raised from the married women than, 50.4% of married women said that they

knew the process of filing a divorce petition in the court because divorce has now

become common in society and with the higher rate of education and awareness now

female are also aware from their rights.

44.4% of Married women said that they don‟t have knowledge for the process of

filing a divorce because it is the duty of the court to grant divorce to the parties and

for which the lawyer is required to complete the process of litigation as the general

public is not able to complete the legal process. 05.2% of married women did not

give their views. They said that this legal procedure can be followed only in court.

The Researcher found that due to increasing in the level of education in the society,

the general public is aware of the legal process, but even when it comes to legal

procedure, there is still a need for advocates.

Researcher observed that level of Education influences the level of knowledge but

still people are aware only with the concept of Divorce and if they are not able to live

in such burdensome relation then whom they approach to get the remedy, specially

when the matter relate to married Woman & Female the increasing level of

213
Education help them allot and make them able to raise their voices against any

burdensome or suffocated relations.

214
 3.7 The minimum time period of marriage after which divorce petition can be

file in the Court.

Table 3.7

Married
Respondents
Question 3.7 Male % Female % women %

Do you know the 58 50.4

Yes
18 12.9 50 27.5
minimum time
26 22.6
period of marriage No
44 69.89 93 51.1
after which
Don‟t Know 16 17.21 39 21.4 31 27.0
divorce petition

can be file in the

court.
Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the question asked from the general public relating to the minimum time

period of marriage has to be observed that after completion of such period a petition

for divorce can be file in the court than, 12.90% of male and 27.5% of female said

that it is part of the legal process, so they know more about it because they believed

that today. Divorce is spreading at a very fast rate within the society and everybody

must know the basic essentials for presenting a case in the court. On the other hand,

in 69.89% of male and 51.1 % of female said that we are not fully aware of this

because we get full information only when someone presents any kind of suit in the

court related to these provisions. 17.21% of male and 21.4% of female said that we

215
do not know about any such legal time related process nor did they have any

knowledge of any such procedure. The Researcher found that due to the growth of

the divorce, the general public has knowledge of the process related to the legal

provision, still there are some people in the society who have no knowledge about

the legal process related to divorce, in such a situation it becomes the duty of the

government. It is to make people aware for the provisions related to divorce.

Whereas, when the same question has been asked from the married women than,

50.4% of married women said that they know about the minimum time period

required to present a petition of divorce before the court because today the rate of

divorce is increasing in the society, husband and wife are not able to reconcile their

marital disputes themselves, due to which it is necessary to get the awareness of laws

and time period related to divorce. 22.6% of Married women said that they do not

know in how much time period a petition can be filed in a court for divorce because

it is a legal process and which is either known to the advocates or to the judge who

has to pronounce the Judgment of divorce. 27.0% of Married women refused to

respond, as they had an opinion that this is a law-related process on which they do

not want to give their comments. The Researcher found that married women are

much aware of the legal provisions in society today. They know how they can take

the help from the court when they are in need or where they get humiliated in the

marriage and for the protection their own interests and for which they can get it by

using the provisions of the law, for which it is required to know the legal provisions.

216
3.8 Knowledge about triple talaq under Muslim personal law.

Table 3.8

Question 3.8 Married

Respondents
Male % Female % women %

Do you know Yes 41 44.09 93 51.1 85 74.0

about Triple No 35 37.63 77 42.3 20 17.3

talaq under Can‟t Say 17 18.28 12 06.6 10 08.7

Muslim

personal Law Total 93 100.00 182 100 115 100

See Annexure -A

Analysis

When researcher asked the question from general public relating to the knowledge of

triple talaq than, 44.09% of males and 51.1% of females said that they know about

triple divorce because today it is a social issue and media, newspapers, government

are providing information related to it from time to time. It has been seen that due to

triple divorce, harassment of Muslim women had been done by her husband, this

information can also be obtained through the various decision given by the court.

37.63% of male and 42.3% of female said that they are not aware of it as it is a part

of the individual affairs of a limited community, which is likely to be difficult to be

known for everyone. 18.28 % of male and 6.6 % of female said that it is a religious

matter which is related to a particular class of people and on which they do not think

it is appropriate to make any kind of comment. The Researcher found that the

information related to triple talaq was mostly known to the people. They believed

that due to triple talaq the condition of Muslim women was very pathetic but the

217
provisions related to triple talaq are currently being amended, that will definitely

improve the status of Muslim women.

Whereas, when the same question is to be asked from the married women than, 74%

of married women said that they are aware of the triple divorce because today it is a

burning issue of the society and it is very important to determine the rights of

Muslim women and their honour. The condition of women will be corrective in

advance. 17.3 % of married women said that they do not know about the triple

divorce as this matter is specifically related to a selected group of the society. 08.7 %

of married women refused to respond for the question, saying that they do not want

to make any kind of comment on any religious faith and belief. The Researcher

found that most of women were aware of the triple divorce but they were unable to

say how much the condition of Muslim women improved in the present society. It is

very difficult to predict because the condition of Muslim women in the society as in

previous years it was seen that the condition of Muslim women under Muslim sect

was very pathetic due to the triple divorce. They lead their life under the fear of

umbrella every day .

It has been observed while interacting with General Public & Married Women that

the condition of Muslim Women under the sword of Triple Talaq was not as much

good enough to live a healthy and happy married life but when the Researcher ask

from them to gave their view on the knowledge of Triple Talaq then most of the

people does not come forward to respond openly and gave their views. They replied

that this issue although has impact on the lives of Muslim Women but this is not the

right platform to respond openly as this is the customary or personal belief of any

particular section of society and they don't have such right to comment on the

personal feelings & emotions of any individual or group of People.

218
 3.9. The status of Muslim women.

Table 3.9

Question 3.9 Married

Respondents
Male % Female % women %

What is the Good 08 07.0

17 18.28 26 14.3
status of
59 51.3
Bad
Muslim 38 40.86 91 50.0

women Satisfactory 30 26.1

15 16.13 37 20.3

Don‟t know 18 15.6

21 22.58 28 15.4

Total 93 100 187 100 115 100

See Annexure -A

Analysis

When the question asked by the Researcher from the general public that what is the

status of Muslim women after triple talaq than, 18.28% of male and 14.3% of female

said that the social status of Muslim women has improved in present, today they are

aware of their rights and through the court they Know how to get them applied.

40.86% of Male and 50% of female said that there has been no improvement in the

situation of Muslim women. Even today, she is bound by religious rituals like the

period of Iddat, four marriages, Mehr, Divorce etc. Even today when she will be

divorced by her husband. She is persecuted and spends her entire life under the

shadow of fear . 16.13% of Male and 20.3% of female said that we are satisfied with

the situation of Muslim women in the present day, because today's women are

educated, self-conscious and fully capable of following the changing thinking of

219
society, due to which the condition of Muslim women has improved to a great extent.

22.58 % of Male and 15.4 % of female said that we cannot predict how much the

situation of Muslim women will change in the future with the change in triple

divorce bill in the present. The Researcher found that the status of Muslim women is

better from past because now Muslim women are also educated self-reliant and

independent. They are more empowered in present time rather than from past and

have knowledge of sufficient platforms with the help of those, she can raise her voice

against any odd. Whereas, when the same question was asked from the married

women than, 7% of married women said that presently the situation of Muslim

women has improved and they were also aware for their rights, she knows how to get

her rights with the help of the court and to improve the condition of herself, laws are

amended from time to time so that women of Muslim class to be brought out from

their pitiable condition. 51.3% of married women gave their reply saying that even

with the coming of this bill, there will be no improvement in the condition of Muslim

women but now it will worsen. Even today, Muslim women are renounced by the

husband through a triple divorce. Where the legislature bring change in the law of

triple divorce but it only have impact on the time limit and not as a protection against

exploitation by divorce. 26.1% of married women, according to their opinion, said

that they are satisfied with the status of women at present because today Muslim

women are also educated, they know the importance of education and they are aware

how to protect themselves from the exploitation. They are also alert for how to take

help from the administration, court, etc.

15.6% of married women refused to respond, saying that they do not want to make

any comment as this is the matter relates with the faith and belief of Muslim women

and if she is satisfied as their customs and rituals then they do not have any right to

220
comment on their religious matter. The Researcher found that with the changes in

law, the condition of Muslim women in the society will improve but it takes time.

Only the Muslim women can change her situation, legislature is only frame the laws

but the remedy will not give until and unless she will come out from the veil. While

interviewing it has been observed by the researcher that changing a condition of

Muslim women specially in marriages in not a one day process which can achieve

on the same day on which such change bring by the society. Its a time -taking

process and being a great struggle for themselves to get rid from such a brutal and

dominating structure of society where they had feel tortured under the sward of

'Talaq'. She has to battle for herself. Nobody, even government also, Government

bodies can only support them but for remedy they have to come out and live her life

fearlessly.

221
3.10 Knowledge about the Domestic violence Act 2005.

Table 3.10

Question Married
Respondents
3.10 Male % female % women %

Do you Yes 65 69.89 85 46.7 71 61.7

know about No 16 17.20 78 42.9 28 24.3

Domestic Don‟t know 17 18.28 19 10.4 16 14.0

violence

Act 2005? Total 93 100 182 100 115 100

See Annexure -A

Analysis

When the question asked by the researcher from the general public that whether they

have knowledge about the Domestic Violence Act 2005 or not than, 69.89% of male

and 46.7% of female said that they are aware of the Domestic Violence Act 2005. It

has become common in the society today, somewhere in society, neighbourhood, or

in families problems are seen in which physical harassment is caused by the

members of the family, whether it is for dowry, for extramarital affair or forcibly

divorcing either by her husband or his family. 17.20% of male and 42.9% of female

said that we do not know about the Domestic Violence Act 2005, because now

society does not discriminate between daughter-in-law and daughter. In today's

modern environment, both daughter-in-law and daughter are educated, they know

their rights and women does not tolerate any kind of atrocity. 18.28% of male and

10.4% of female said that they are not aware of the provisions of the Domestic

Violence Act 2005 or the laws related to it. The Researcher found that the general

222
public is aware from the provisions of the Domestic Violence Act 2005. At present,

women themselves are aware of the law through education. If every woman knows

the Domestic Violence Act or other law. Sexual abuse, mental harassment, domestic

violence would ceases from society. There is a possibility that domestic violence,

which is a reason for divorce, may be controlled. Whereas, when the question was

asked from the married women than, 61.7% of married women said that they knew

about the Domestic Violence Act 2005. They respond that domestic violence is a

very common practice in society today, which is perpetrated on women by their

husbands or in-laws. The purpose is either dowry or to break up in the relationship,

due to which they harass women to fulfill their unsatisfied desires or for unwanted

demands. 24.3% of married women said that they don‟t know about the Domestic

Violence Act 2005 because the nature of society has changed today, woman is

educated and aware and she does not allow any kind of exploitation or harassment

upon her and if such situation arises then she is able to take the help of legal

provisions. 14.0 % of married women said that they do not want to give any

comment about the Act as it is a legal provision and it is the duty of the legislature to

properly implement the legal provisions as per the changing society. The Researcher

found that today's woman is educated and aware; she knows her rights and how to

get the compliance of the rights. She also knows the methods due to which the

Domestic Violence Act 2005 was mostly committed upon women and their rights

under the Act. Today's woman is aware of how to get rid of it. Prior to this act, in

1983, Sec-498A was also inserted in IPC to protect a women from the cruelly of her

husband or her in-laws (husband's family members)

223
3.11. Domestic violence commits by the:

Table 3.11

Question Married
Respondents
3.11 Male % female % women %

Domestic Family 13 11.3

violence Members 15 16.1 22 12.1

commits by Husband 64 68.8 78 42.3 61 53.0

whom? Relatives 02 02.2 30 16.5 07 6.1

All of Them 12 12.9 52 28.6 34 29.6

Total 93 100 182 100 115 100

See Annexure -A
Analysis
When researcher asked from the general public that Domestic violence was

committed by whom than, 16.1% of male and 12.1% of female believed that

domestic violence is mainly committed by family members. They cause mental and

physical harassment of the woman due to which the woman is not able to develop

completely and she suffers from many kinds of fears and possibilities. This becomes

an obstacle for him to start a new life. 68.8% of Male and 42.3% of female said that

mainly domestic violence is acted upon by the husband. The general conversation in

which abusive abuse is severely beaten and economic mental social exploitation that

is done by the husband is considered a form of domestic violence. 02.2% of Male

and 16.5% of female said that domestic violence can also be done by relatives which

is done mostly by the in-laws side with women due to the husband's relationship with

another woman, etc. or for not giving birth to sons, or for dowry. Such reason

becomes a part of domestic abuse and considered as domestic violence. 12.90% of

224
men and 27.81% of women said that domestic violence is not only done by husband's

in-laws or relatives, but it can be done by either of them. The Researcher found that

domestic violence is still seen in present day where on one hand the society has

developed so much that it talks about women empowerment, but on the other hand,

the problem of domestic violence exists in the society even today. There is a need to

strengthen and it is also necessary to be aware of the existing laws and rights through

which domestic violence can be eliminated. Whereas, when the same question was

asked from the married women than, 11.3% of married women said that domestic

violence is mainly committed by the members of the family. It is not necessary that

domestic violence is done only after marriage. In the present situation, it has been

seen that domestic violence is committed with females by her immediate relatives.

53.0% of married women opined that domestic violence is mainly acted by the

husband, whose main basis is either dowry demands or the husband's extramarital

affair, due to which he commits domestic violence with his wife in their matrimonial

relationship. 06.1% of married women said that domestic violence is done by the

husband's family members. They harass exploits and tortures her by giving her

mental and physical torture. Any type of mental or physical harassment is a crime

punishable under section 498-A of IPC. 29.6% of married women said that domestic

violence cannot commit only through any one of them but in some matters, it has

been committed by all of them.

The Researcher found that even today in our society many situations have been

observed where the wives have been the victim of domestic violence harassed by

their husbands, from time to time the legislature has done its work completely, but

still there are many such cases in the society. Where the wife has been harassed by

the husband in the marriage.

225
4.11.2 Analysis of questions asked by NGO’s

Questions related to general awareness, special programmes, functions and role

played by them, etc. were asked from 40 NGOs. The data related to these questions

with their responses were interpreted from table 1.1 to table 1.11. Questionnaire

related to married women attached as an Annexure B.

1.1. NGO is associated with:

Table 1.1

Question 1.1 Respondents Response %

Your NGO is Women Welfare 22 55.00

associated with
Child welfare 2 05.00

Social welfare 12 30.00

Other 4 10.00

Total 40 100.00

See Annexure -B

Analysis

When the question was asked by the Researcher from the NGO‟s that they are

associated in which social area than, 55% of the NGOs said that they run programs

related to women, mainly for the reestablishment of those women who are divorced

and widowed. They also help them to provide relief. These women after getting

divorced are financially and emotionally weak, so we adopt such measures from

which they can able to start their life again. 5% of NGOs said that worked for child

welfare. When parents get divorced mental status of a child is not well. Children

emotionally breakdown and are not able to stand again. In such cases, they provide

226
assistance to these poor children. 30% of NGOs answered that they worked for

social welfare. They said they do not run any specific program for any specific area

but they provide help and assistance to women, children, female victims, deserted

women and so on. Only 10% of NGOs responded that they worked in other areas

related to old people, labour rights, free education, food assistance and so on.

The Researcher observed that presently NGOs especially working in the area of

female and children. They work efficiently and effectively for the economic growth

and development of this specific strata.

227
1.2. Divorce cases come for settlement.

Table 1.2

Question 1.2 Respondents Response %

Divorce cases Yes 0 0.00

come for No 28 70.00

settlement in Not Yet 12 30.00

your NGO Total 40 100.00

See Annexure -B

Analysis

When the question asked by the Researcher from NGO‟s that whether divorce cases

are come to them for any sort of settlement in their matrimonial disputes than, 0% of

NGO‟s were responded in “Yes” the reason behind their response were that this is a

work of the judiciary, not NGO‟s. they only perform the work relates with re-

establishment, empowerment, child welfare and so on but not empowered to perform

judicial task. 70% of the NGOs responded in “No.” They replied that they do not

work for settlement, this work is only for the court. They do not make any kind of

interference in the work of the court. All the existing laws in India are themselves

sufficient to provide relief for victims. Where there is a deficiency of any kind, the

court shall decide the matter according to its discretionary power and provide relief

to the aggrieved party. 30% of NGOs respond in “Not Yet” as they replied that these

programs or assistance is not provided by them till now. The Researcher observed

that NGOs only provide assistance, awareness, and help for the new beginning of

life, especially where females and children are the sufferers. They do not perform

any judicial duty like courts. During interview session Researcher found that NGO's

228
which are especially associated with women & child welfare plays a vital role in the

issues related to marriage. They provide help, assistance to the women and their

Children to come forward from such suffocated marriages and help to mediate their

issue and resolve them.

229
1.3. The spouse prefer to come to an NGO before going to the Court.

Table 1.3

Question 1.3 Respondents Response %

Does a spouse Yes 12 30.00

prefer to come to an No 26 65.00

NGO before going to Can‟t Say 2 05.00

the Court? Total 40 100.00

See Annexure -B

Analysis
When the Researcher from the NGO‟s that whether spouse before moving to court

will prefer to come there than, 30% of NGOs said that married couples come directly

to them when the matter is related to marital rights, dowry, domestic violence or so

on. On the other hand, 65% of the NGOs admitted that married couples do not come

directly to them. They give priority either to women's cell or to the court for the

settlement of disputes. When suggested to them either by women cell or women

commission then they provide assistance. In such a situation, they do not provide any

settlement to them. 5% NGOs replied in “Can‟t Say” as they do not want to give a

response to the above mention question. From the above discussion, The Researcher

found that when there is a matter of marital dispute only the court has jurisdiction to

resolve their disputes, others are only to provide assistance but not perform its duty.

230
1.4. The married couples consider the advice.

Table 1.4

Question 1.4 Respondents Response %

Do married Yes 09 22.50

couples consider No 23 57.50

Your advice. Can't say 8 20.00

Total 40 100.00

See Annexure -B

Analysis

When the question raised by the Researcher from the NGO‟s that whether married

couple consider their advice than, 22.50% of NGOs replied that married couples

were coming to them for seeking advice on the issues related to dowry, marital

rights, domestic violence and so on, but not for the divorce. Whereas 57.50 % of

NGOs respond in “No.” They said that for seeking a remedy in marital disputes like

divorce couples prefer to go in the court where they can get the permanent remedy on

their disputes and whatever we suggest to them they can‟t follow and do for what

they are pre-minded. 20% of NGOs were responded in “Can't Say.” They said that it

depends upon the gravity of matter on the basis of which parties decide whether they

are in a situation to follow the given advice or not. We cannot force any advice on

them. The Researcher found that though married couple comes to the NGOs but with

their pre-mind set. They only want to follow such suggestion and advice which they

want to hear from the NGOs.

231
1.5. The most common reason for divorce.

Table 1.5

Question 1.5 Respondents Response %

Which is the Ego and self-esteem 12 30.00

most Financial differences 7 17.50

common Higher Education 3 07.50

reason for Short-tempered 9 22.50

divorce? Interference of Parents 5 12.50

Interference of Friends 4 10.00

and relatives

Total 40 100.00

See Annexure -B

Analysis

When the question asked by the Researcher from the NGO‟s that as per them what is

the most common ground or reason for divorce in present times than, 30% of the

NGOs opined that the most common ground of divorce is “Ego and Self-esteem. ”

As today both husband and wife are educated and self-dependent, so they do not

want to comprise and they convert their small issues into a big quarrel which ends on

Divorce. 17.50% of NGOs opined that “Financial differences” is the most common

ground as both husband and wife want to live a luxurious life and if somehow they

can‟t achieve then it becomes a ground of their differences and later on they

separated their path from each-other. 07.50% of NGOs opined that “Higher

Education” is the reason of increasing divorce in India, as today the society is

changing and so with their own thoughts and beliefs . Hence the ancient concept of

232
marriage becomes extinct and western culture of marriage is adopted. Although

education is compulsory but not on the compromise of our root system, traditions etc.

as they are the identity of Indian Culture. 22.50% of NGOs believed that the most

common reason of divorce is “Short Tempered” as both the parties behaviour and

nature sometimes convert the compromising situation in to their separation. In most

of the cases they had seen that on trifle issues parties made them the reason of

Divorce. 12.50% of NGOs said that upto some extent they had seen in the matters

where parents of the parties, especially of female interference becomes the reason for

Divorce of the parties although before their interference they had been living their

life happily. 10 % of NGOs replied that in various matters interference by the friends

and relatives were the reason for divorce. They create influence on the parties and

some- time provoke them for their separation. The Researcher observed that although

the various grounds were mention under various Acts in different personal law but

apart from them society creates their own grounds which nowadays are increasing

the rate of divorce.

233
1.6. The religion have noticed the maximum number of divorce cases.

Table 1.6

Question 1.6 Respondents Response %

In which Hindu 19 47.50

religion you Muslim 13 30.00

have seen the Christian 6 15.00

maximum Parsi 2 05.00

number of

divorce cases. Total 40 100.00

See Annexure -B

Analysis

When the researcher asked the question from the NGO‟s that in which religion they

had noticed the maximum or increasing number of divorce cases than, 47.50 % of

NGOs responded that the maximum number of divorce came to them for counselling

is belonged to Hindu, 30% of NGOs responded that nowadays Muslim women is

well aware about her rights so maximum number of divorce is in Muslim parties,

15% of NGOs said that number of cases which had come to them were belonged to

Christian community and 5% of NGOs replied that the cases came to them are

mostly belonged to Parsi community. The Researcher observed on the basis of the

above data that Divorce persists in all the communities and religion of the country. It

does not depend upon the number but all the strata‟s of society were involved in it

234
1.7. NGO told the consequences of divorce to the parties.

Table 1.7

Question 1.7 Respondents Response %

Yes 24 60.00
Will you tell

the No 13 32.50

consequences
No Comment 3 07.50
of divorce to
Total 40 100.00
the parties.

See Annexure -B

Analysis

When researcher asked from the NGO‟s that will they tell the consequences or what

results they have after divorce than, 60% of NGOs responded in “yes.” They tell

consequences of divorce to the parties so that they can rethink their decision and if

possible then take a last chance to save their marriage, 32.50% of NGOs replied in

“No” they replied parties do not come to them directly, they come through court

with their pre decided mind. They even know what aftermath consequence they

would have to bear after divorce. So they do not want to follow advice and only

came to them to complete for the legal formality , 07.50% of NGOs refused to give

their views. The Researcher found that when any parties file a case of divorce before

court of law, then they are already aware about their acts and what consequence they

will have to bear .

235
1.8. Impact of divorce on children, parents, family, and society.

Table 1.8

Question 1.8 Respondents Response %

Positive 17 42.50
Impact of
divorce on
children, Negative 20 50.00
parents,
family, and
society.
Can‟t say 03 07.50

Total 40 100.00

See Annexure -B

Analysis

When researcher asked from the NGO‟s that as per them what impact of divorce has

on the children, their parents and on society than, 44% of the NGOs opined that the

effect of divorce has a positive effect on society, parents, family, and children

because where marriage becomes a curse rather than a sacrament, all the relations

related to marriage also become a curse. In such situation, if the children live with

their parents, they see their bad relations and in the same notion of marriage and the

same ritual. In such circumstances, divorce is the only means. 49% of NGOs

believed that the mainstay of society is the family. Family disintegrates due to the

disintegration of the family. Divorces are a problem that families are disintegrating

today, which leaves negative impact on children. They give importance to these

relationships and those who are married are also now making the basis of divorce

236
due to which there are different reasons why people are giving importance to these

relationships and remain single. On the other hand, 7% of NGOs expressed their

inability to vote. They believed that each husband and wife have their own separate

problems, both positive and negative effects after divorce, but some couples have a

completely different attitude towards divorce. We cannot predict how the marriage of

others will be for the relationship and society, therefore we do not want to give our

answer but divorce is a serious Mass problem and result of which is negative in the

society. Yet today we have found in many cases that divorce also has a positive form.

Parents themselves should explain to their children the good and bad consequences

of marriage, which can prevent some families from getting separated. The

Researcher from the above discussion found that in today's era, divorce is having

both positive and negative effects on society where marriage remains as a circle

relationship. For both husband and wife, marriage becomes a curse if kept only get

of the fear of society. Even proceedings in courts during the procedure of divorce

leads to their mental, physical and economic suffering. On the other hand if they

develops his marriage they can spend their life in different happiness.

237
1.9. Satisfaction with the provisions of divorce laws.

Table 1.9

Question Respondents Response %

1.9

Yes 27 67.50
Are you
No 8 20.00
satisfied with
No Comment 5 12.50
the provisions
Total 40 100.00
of divorce

laws?

See Annexure No. B

Analysis

When the researcher asked from the NGO‟s that whether they are satisfied with the

present provisions of divorce than, 65% of NGOs said that they are satisfied with the

provisions related to divorce, the functioning of the judiciary towards them. Today

divorce has also proved positive in many circumstances for women empowerment,

exploitation of women in various circumstances. From time to time, from the

provisions of the Marriage Act and judicial decisions, it is seen that the final solution

to the problem is in the form of relief. 20% of NGOs opined that the justice process

is very complex and rigorous due to various provisions delaying justice. Delay in

getting justice is also one of the reasons for this. One has to keep a close watch, only

then can they get divorce. They use section 9 of the Marriage Act 1955, in which the

court asks to comply with the restitution of conjugal rights, which takes years to get a

238
divorce, so both the parties lose half the life of the car in the same process. 15% of

the NGOs gave their importance as no comment. They said that there is nothing to

change by saying on this subject. The mindset of the people of the society will

remain what the eminent people of the society want.

239
 1.10. Run special program for spreading awareness of laws relating to divorce.

Table 1.10

Question 1.10 Respondents Response %

Did you run Yes 28 70.00

any special No 2 05.00

program for Not yet 10 25.00

spreading Total 40 100.00

awareness of

laws relating

to divorce?

See Annexure No. B

Analysis

When the question asked by the Researcher from the NGO‟s that whether they run

any special program for spreading awareness of laws relating to divorce than, 65%

NGOs said that to spread awareness of the consequences and laws of divorce, they

conduct awareness programs in different districts and states in which they try to tell

that if you divorce If you take it, what can be the result of it in future, what can be

the merits and demerits of divorce. They told through such programs, while 5%

NGOs said that they does not run any program for awareness of specific laws related

to divorce, but when they runs the program to eliminate many social evils of the

society. They warns people about this problem. While 30% NGOs said that they

have not done any program on this subject yet, but if a family, social group or any

organization comes to ask for any advice they give their advice. It is clear from the

above discussion that only organizations like NGOs will not bring awareness for the

240
program related to divorce. The government will also have to make the society and

the family judiciary aware of the divorcing couple. To make them aware of the

provisions related to divorce .Various programs will have to be run from time to time

so that uneducated couples also become aware of the provisions like divorce.

241
1.11 Run special program for the re-establishment of separated women.

Table 1.11

Question 1.11 Respondents Response %

Did you run Yes 31 77.50

any special No 6 15.00

program for Not yet 3 07.50

the re-

establishment

of separated Total 40 100.00

women?

See Annexure No. B

Analysis

When the question asked by the Researcher from the NGO‟s that whether they run

any special program for the re- establishment of divorcee women than, 75% of the

NGOs replied yes and believed that women who are divorced run various programs

to empower them, mainly in papad making, sewing, knitting, beauty parlour and

provide training according to their education so that they can nurture herself and her

children and become more and more powerful mentally and financially and able to

heal up herself from the shock of divorce Whereas 15% of NGOs replied in “No”

said that they believed that a program can be helpful them upto some extent. Which

might be helpful to them and their family in disintegration. First of all, they will have

to take initiative themselves and in this, they will have to give their full support to the

family and society. So that they can regain their confidence but they give advice to

them as per their need. While trying to boost the morale of such women, 10% of

242
NGOs gave their answers in “Not yet”. They believed that the judiciary is capable of

resolving this problem in itself. It is helpful in the formulation of laws and new laws

through which Divorced women are getting justice and are fully satisfied with the

justice process and the law.

Researcher found that most of the NGO's work for the welfare of society and for the

fulfilment of their responsibility they not only provide technical or skill knowledge,

but also assist them to reach out in proper remedial measure. Where the matter is

related, family disputes & soon they tried best maximum possibilities to mediate &

find the solutions, but where the matter or parties not agreed to mediate they suggest

them to take remedy from court & suggest them the process of litigation.

This has also been observed that although after family Courts Act 1984, family

courts are setup in almost all districts but as per situation & Conditions still there is a

need to increase them.

243
 4.11.3 Analysis of questions asked from Advocates and Judges

Questions related to age, education, marital status, employment, etc. were asked from

90 males and 60 females advocates along with 21 male judges and 9 female judges.

The data related to these questions with their responses were interpreted from table

1.1 to table 1.6. and questions related to divorce and its legal provisions were

interpreted from table 2.1 to 2.21. Questionnaire related to Advocates and judges

attached as an Annexure C

1.1 Gender and religion.

Table 1.1

Question Advocates Judges

1.1 Respondents

Your Male % Female % Male % female %

gender and
Hindu 47 52.2 35 58.4 12 57.1 5 55.5
your
Muslim 31 34.4 20 33.3 6 25.6 3 333
religion?
Christian 8 8.9 05 08.3 2 09.5 1 11.1

Parsi 4 4.4 00 00.0 1 04.8 0 00

Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per advocates: When the Researcher asked about the questions related to

divorce from 90 male and 60 female advocates, than among those 52.22% of male

and 58.34% of female belonged to Hindu, 34.44% of male and 33.33% of female

belonged to Muslim, 08.89% of male and 08.33% of female advocates belonged to

244
Christian and 04.44% of male and 00.00% of female advocates belonged to parsi,

gave their opinion that cases of divorce are increasing rapidly. It cannot be

prevented only by the provisions, but society should also play its important role in

such situations where parties need a divorce. In situations where divorce is

necessary for the parties, the society should accept their decision easily but where the

situation can be normal then it creates adverse impact on the society. The Researcher

has observed that society has a great influence in increasing or decreasing the

numbers of divorce.

As per Judges: When the Researcher asked about the questions related to divorce

from 30 judges, 57.14% of male and 66.66% of female judges belonged to Hindu

25.57% of male and 33.33% of female judges belonged to Muslim, 09.52% of male

and 11.11% of female judges belonged to Christian and 04.76% of males and

00.00% of females judges belonged to Parsi, gave their opinion that cases of divorce

are increasing rapidly. It can be prevented not only by the provisions, but with the

help of society. In situations where divorce is not necessary for the parties , they

should rethink on their decision of divorce as its not affect the parties but their near

dear ones also. The Researcher has observed that society played an important role in

increasing or decreasing the numbers of divorce but still people wants to be out of

reach themselves from the pre-minded society. Whether its judges or advocates both

had a view that nowadays problem of divorce is increasing. It makes it place almost

in every family. It has been seen that now people are very comfortable into take

divorce rather than to give a chance to their marriage

245
 1.2. Education:

Table 1.2

Question Advocates Judges

1.2 Respondents

Your Males % Female % Males % Female %

education LL.B 73 81.11 32 53.33 15 71.4 06 66.7

LL.M 17 18.89 28 46.67 6 28.6 03 33.3

Ph.D.(Law) 00 00.00 00 00.00 00 00 00 00.0

Total 90 100.00 60 100.00 21 100 09 100

See Annexure No. C

Analysis

As per advocates: When divorce related questions were asked by the Researcher

than out of 100% of Male & 100% of Female, 81.11% of Male and 53.33% of

Female Advocate are Law Graduates and 18.89% of male and 46.67% of female are

post graduates in Law. They had a view that in various cases, divorce has become a

solution, but in many cases just a small family problem will convert into divorce only

for the satisfaction of the self-esteem of parties which is not a good example for the

future generations. The Researcher felt that the advocate is also sensitive to the

problems in marriage especially those are related to divorce.

As per judges: When divorce related questions were asked by the Researcher,

71.42% of male and 66.67% of female advocate are Law Graduates and 28.57% of

male and 33.33% of female are post graduates in Law. They had a view that in

various cases, divorce has become the only solution, but in many cases it was just a

246
ground for harassment. The Researcher felt that the judges is also think twice while

delivering the judgement on the matrimonial disputes which are related with the

problem of divorce.

Judiciary as a third organ of Government and a Guardian of society plays a vital role

in creating balance in the present system. We have noticed number of times where

judiciary proves that it really acts like a protector of society & notion or basis roots

of society.

The view towards the problem is also like some to protect the Indian notion &

Culture but where the situation & parties both demands the separation then in such

conditions court grants separation to such parties. Although its not so easy for being

a judicial body where there every word & sentence put a great emphasis on the life of

all those who are associate with such marriage but still whether its Advocates or

Judges both tried in positive manner to protect & save the marriages.

Researcher observed that level of Education & Knowledge of any professional &

when we talked about law professional then we cannot limitise them only upto their

knowledge & skill but they share social responsibility also to protect and defend the

society from any wrongful act which creates a lot of emphasis on it.

247
Q1.3. Monthly income:

Table 1.3

Question Advocates Judges

1.3 Respondents

Your Male % Female % Male % Female %

Monthly 5000- 20000 03 03.3 06 10.0 11 52.4 5 55.6

Income. 20000-50000 50 55.6 33 55.0 5 23.8 2 22.2

50000- 100000 32 35. 6 19 31.7 3 14.3 1 01.1

Above 100000 05 05.5 02 03.3 2 09.5 1 01.1

Total 90 100 60 100 21 100 09 100

See Annexure No. C

Analysis

As per advocates : When the question related to divorce asked by the Researcher,

the answer was given by 03.33% of male and 10% of female advocates belonging to

5000-20000 income group, 55.56 % of male and 55.00 % of female advocates

belonging to 20000-50000 income group, 35.56% of male and 31.67% of female

advocates belonging to 50000-100000 income group and 05.55% of male and

03.33% of female advocates belonging to Above 100000 income group had their

view that divorce is undergoing a serious change in the conditions of society. The

only solution is not to the legal provisions for the litigants, where they can resolve

their issues by themselves but in order to harass the other party they approach in

courts and as a result divorce is increasing, The Researcher found that if there are

any reason for divorce, the parties themselves can prevent it. Divorce is not just a

248
negative form, it is sometimes has a positive form, which quotes a good example for

society.

As per judges: When question related to divorce asked by the Researcher from the

Judges, the answer was given by 52.38% of male and 55.55% of female belonging to

20000-50000 income group judges, 23.81 % of male and 22.22 % of female judges

belonging to 50000-100000 income group, 14.28 % of male and 01.11 % of female

judges belonging to 100000- 150000 income group and 09.52% of male and 03.33%

of female judges belonging to Above 150000 income group had their view that

divorce is undergoing a serious change in the conditions of society, the solution is

not only to the legal provisions for the litigants but where they can resolve their

issues themselves. In most of the cases they observed that to harass the other party

they approach in courts for which the divorce is increasing, The Researcher found

that if there be any reason for the divorce between the parties, but if the parties

themselves can able to solve it, then it reduces the pendency of litigations as well as

increase the rate of relief in such matters. Divorce is not just a negative form, it is

sometimes has a positive form, which also quotes a good example for society.

249
 II. Legal awareness

2.1. Knowledge for the provisions of divorce under Hindu Marriage Act 1955.

Table 2.1

Question Advocates Judges

2.1

Respon- Male % Female % Male % Female %

Do you dents
know the Yes 90 100 60 100 21 100 9 100
provisions
of divorce No 00 00.00 00 00.00 00 00 00 00

under the Can‟t 00 00.00 00 00.00 00 00 00 00

Hindu say
Marriage Total 90 100.00 60 100.00 21 100 100 00
Act 1955?

See Annexure No. C

Analysis

As per advocates :When asked by The Researcher, 100.00% of male and female

advocates said that they have knowledge about the Hindu Marriage Act 1955, they

said that, the mostly cases they get are related to Hindu Marriage Act 1955, as they

are associated with a legal professional so it is mandatory for them to have

knowledge of such Act.

As per judges: When question related to divorce asked by the Researcher from the

Judges, the 100% of male and female judges expressed their seriousness on the

problem related to divorce. they said that in today's real-time divorce is a disease

which is very important to cure. Preventive measures should be taken by both the

250
parties in their marriage so that their relation cannot come to the court for dissolution

of their tie. From this view, it is clear that the judge irrespective of the religion had a

serious view on the social problem like divorce, it does not give special importance

to any religion caste community.

251
 2.2 Knowledge for the provisions of divorce under the Dissolution of Muslim

Marriage Act 1939.

Table 2.2

Question Advocates Judges

2.2

Do you know the Respon- Male % Female % Male % Female %

provisions of
dents
divorce under the
Yes 90 100 60 100 21 100 9 100
Dissolution of

Muslim Marriage
No 00 00 00 00 00 00 00 00
Act 1939?

Can‟t say 00 00 00 00 00 00 00 00

Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per Advocates: During interview session when the researcher asked from the

advocates that whether they know the provision of divorce under dissolution of

Muslim Marriage Act, 1939. 100.00% of male and female advocates respond in

“yes”. They knew the provision related to divorce under dissolution of Muslim

Marriage Act, 1939. As it is a compulsory part of their profession to know the

provisions of divorce under various personal laws and this community belonged to

second largest population in India where they have seen number of cases in divorce

filed in the courts after Hindu Marriage Act 1955

252
Analysis as per Judges: During interview session, The Researcher asked the judges

whether they are aware and had knowledge about the dissolution of Muslim

Marriage Act 1939 all the judges response was 100% affirmative. They responded

that the provision related to dissolution of Muslim Marriage Act 1939 was still

unknown to Muslim female and for such, they were exploited either by her husband,

her in-laws or society which they belonged. So it is our responsibility through this

Act and various decided cases to spread awareness in our society. It is necessary also

to spread the awareness to the affected interest of society too.

253
 2.3 Knowledge for the provisions of divorce under the Christian Marriage Act

1872

Table 2.3

Question Respondents Advocates Judges

2.3
Do you Male % Female % Male % Female %
know the Yes 25 27.78 22 36.67 5 23.8 2 22.2
provisions
of divorce No 65 72.22 38 63.33 16 76.2 7 77.8
under the
Christian
Marriage
Act 1872? Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per Advocates: When the question asked by the researcher from the advocates

related to the knowledge of Christian marriage Act 1872, than, 27.77% male

advocates and 36.67% female advocates filed their reply in “Yes”, they said that they

know the legal provisions because divorce cases are increasing, now even on small

matters. The number of Muslim cases is increasing, in the same way, divorce cases

of Christians are also increasing. 72.22% of Male advocate and 63.33% of female

advocates responded in “No.” They said that they don't know the provisions of

divorce under the Christian Marriage Act 1872 . The Researcher found that mostly

male and female advocates respond in “No”, which means that if the lawyers were

254
not even aware for the provisions of Christian Marriage Act, then how the general

public would have knowledge of the law.

As per Judges: During an interview session, The Researcher was asked the question

related to the knowledge of Christian marriage Act 1872 from the judges than, Only

23.81% of male judges and 22.22% of female judges responded in positive and rest

76.19% of male and 77.78% of female judges responded in negative after hearing

their response it's really a shocking state for the Researcher that as per the Preamble

of Indian Constitution India is a secular state, but still the recognition on the ground

of religion was only given to the two religions that are Hindu and Muslim. The

Researcher found that judges are not in favour of divorce these provisions are given

in personal laws so they used as a tool for remedy in divorce.

Researcher also found that apart of this fact that we live in secular state but still in

Legal Education system when we talked about personal laws or family laws.

We taught only two family laws i.e. Hindu & Muslim Law only nor-parsi, jews &

neither Christians but still in our Indian Society these religion are well recognised

and accepted by the law of land.

255
 2.4 Knowledge for the provisions of divorce under the Parsi Marriage and

Divorce Act 1936?

Table 2.4

Question 2.4 Respon- Advocates Judges

Do you know dents Male % Female % Male % Female %

the provisions Yes 36 40.00 27 45.00 3 14.3 1 11.1

of divorce
No 54 60.00 33 55.00 18 85.7 8 88.9
under the Parsi

Marriage and

Divorce Act Total 90 100 60 100 21 100 9 100

1936?

See Annexure No. C

Analysis

As per Advocates: When Researcher asked, then 40% of male advocates and 45%

of female advocates relied in “Yes”, saying that they are aware of the Parsi Marriage

Act 1936 as it is a personal law and whenever they have cases related to such Act,

they look up the matter as the provisions of the Act. 60% of male and 55% of

female advocates answered in “No” they replied that they don‟t know about this Act

because Parsi divorce cases are very rare due to which they do not know much about

this Act but they have Knowledge of provisions in other divorce Acts.

As Per Judges: While interviewing the judges, only 14.28% of male and 01.11%

female judges know about the provision relating to divorce was under Parsi

256
Marriage and Divorce Act 1936 and 85.72% of male and 88.89% of female judges

replied in “No”, that they were not aware about this Act. It's really a shocking state

for the scholar that if there was any matter related to this filed in the court by the

parties, then only the judges have to focus especially on this Act. The Researcher

found that under Parsi law still marriage is a sacrament and they believe that

marriage can only be dissolved by God, therefore they prefer to resolve the disputes

arises in their marriage with their Own.

257
 2.5 Knowledge for the provisions of divorce under the Special Marriage Act

1954?

Table 2.5

Question 2.5 Respon- Advocates Judges

Do you know the dents Male % Female % Male % Female %

provisions of Yes 90 100 60 100 15 71.4 7 77.8

divorce under the

No 00 00 00 00 6 28.6 2 22.2
Special Marriage

Act 1954? Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per Advocates: When the question asked by the Researcher about the knowledge

for the provisions of Special Marriage Act 1954 than, 100% of Male and female

advocates replied in “Yes”, saying that they have knowledge of the provisions in

special Marriage Act 1954 as it was the first Marriage Act in free India to provide a

solution to all types of marital issues. Researcher found that all the advocates are

aware about the provisions of divorce mentioned in Special Marriage Act 1954.

As per Judges : While interviewing the judges researcher asked the question relating

to the knowledge of Special Marriage Act 1954 than, only 71.40% of male and

77.77% female judges know about the provision relating to divorce was under

Special marriage Act 1954 and 28.57% of males and 22.23% of female judges

replied in “No”, that they were not have complete knowledge about this Act but any

matter related to this Act they can go through with this Act.

258
2.6. Most Common Ground of Divorce under Section 13(1) of HMA1955.

Table 2.6

Question 2.6 Respondents Advocates Judges

Under section Male % Female % Male % Female %

13(1) of Adultery 27 30.0 33 38.3 5 23.8 2 22.2

HMA1955 Cruelty 42 46.8 25 41.7 13 61.9 6 66.7

which is the Desertion 15 16.7 10 16.7 2 09.5 1 11.1

most common
Other 05 05.5 02 03.3 1 04.8 0 00
ground of
Ground
divorce
Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per Advocates: When the researcher asked the question related to the most

common ground of divorce from the advocates then 30% of Male and 38.33% of

female advocates believed that the highest number of divorces are on the basis of

Adultery and divorce litigation on this basis has increased more before the court

nowadays, since it was no longer punishable Act after the amendment of section 497

under IPC. When asked by the Researcher, 46.67% of male and 41.67% of female

advocates believed that cruelty is the most common ground in the cases of divorces.

Nowadays, Mental cruelty has also linked to the aftermath of Dastane v. Dastane

case. Since then the cases of cruelty have increased on mental and physical grounds.

The Indian Penal Code Section 498A also supports the cases of cruelty done by in-

laws for dowry. 16.67% of Male and 16.67% of female advocates said that the reason

259
of desertion for divorce is more because the husband and wife fight with each other

on trifles issues to satisfy their ego and self-esteem for which they leave each other

and then do not stay together again in the relation of marriage. They follow the path

for court of law to make an unsuccessful attempt to maintain their marriage, which

later becomes a ground for divorce. 05.54% of Male and 03.33% of female advocates

believed that apart from the above grounds, there are some other grounds on which

litigations before the court has been filed. Some of the most common grounds are

religious conversion, venerable disease, apostasy, etc., are currently increasing. The

Researcher has found that generally there are various grounds of divorce that are

given under Section 13 (1) Hindu Marriage Act 1955 but under the present

circumstances it is impossible to put the basis of divorce in any specific

Respondents. The reply of the advocates revealed that the cruelty has taken a

different form in modern society. Today, due to which the court also makes full

efforts by going deep into the problem and try to find out the root cause of the

problem.

As per Judges: During interview session, the Researcher asked from the 30 Judges

that which is the most common ground of divorce they had seen in their court.

23.81% of male and 22.22% of female judges said that the most common ground was

adultery but 61.90% of male and 66.67% of female judges said that it was cruelty.

Similarly 09.52% of male and 11.11% of female judges responded that such ground

was desertion. Only 5% of male was responded that there may be some other ground

on which divorce cases were filed in the court. The available data has shown that in

maximum cases cruelty was involved in either mentally or physically. The second

most common ground on which divorce cases were filed is adultery. Judges also had

view that after amending Section 497 of IPC the cases of divorce are increased on

260
this ground because nowadays this ground is not punishable under Indian Penal

Code. Judges those who respond on other ground they mentioned apostacy,

impotency, bigamy, conversion, and vulnerable diseases as the other Grounds on

which nowadays cases of divorce are coming up in the court. The Researcher found

that although there are the number of Grounds on which divorce petition are filed in

the court but still adultery and cruelty are the main grounds on which divorce petition

are filed in maximum numbers in the courts.

Although a number of cases filed on various ground but skill cruelly has maximum

in number. Initially where cruelly refers only physical cruelly but now as the scope

of cruelly increases it includes mental as well as financial cruelty.

In various judgements court remarkably said that "Mental" as well as "Financial"

cruelty are most dangerous form of cruelty which not only impact the relations but

also put a great emphasis on mental and financial health of an individual.

The other most common ground was observed by the Researcher after interviewing

the Advocates & judges was Adultery. Although in 2018 Amendment Act of IPC,

Adultery was no more an offence against marriage & hence not punishable but still it

was recognised as a valid ground for separation.

As per legal explanation it was always laid down that Adultery was committed by

man against a married women, but now the perception & thoughts are change

number of couples has been get involved in extra-marital relations or somehow

commits adultery either to satisfy lust , sexual desires, favour & so on. This can

shatter the roots of marriage and sacramental notion require to make a marriage

successful.

261
 2.7. Section 9 of HMA 1955 (restitution of conjugal rights) is misused by the

parties.

Table 2.7

Question 2.7 Respon- Advocates Judges

Does Section 9 of dents Male % Female % Male % Female %
HMA 1955 Yes 33 36.7 23 38.3 7 33.3 3 33.3
(restitution of
conjugal rights) is No 46 51.1 35 58.4 12 57.1 5 55.6

misused by the
Can‟t say 11 12.2 02 03.3 2 9.6 1 11.1
parties during
divorce Total 90 100 60 100 21 100 9 100

proceedings?
See Annexure No. C

Analysis

As per Advocates: When the question relating to misuse of the Section 9 (restitution

of Conjugal rights) of HMA-1955 asked by the Researcher from the advocates than,

36.67% of male and 38.33% of female advocates believed that Section 9 Hindu

Marriage Act 1955 is misused by the parties. Whenever a dispute arises between

husband and wife and they want to be get separate from each other but for the

greediness of maintenance they prefer to file case under section 9 of HMA and wait

till when the other party will file a new suit before the court. They show that the

guilty part is of the other side in the court and they still wants to maintain his/her

marriage. 51.11% of Male and 58.34% of female advocates believed that it was

impossible for Section 9 to be misused in any way in the court. 12.22% of male and

03.33% of female advocates replied that they do not want to make any specific

comment on the use of this section. The Researcher observed that situations U/S-9

262
(restitution of Conjugal Rights) changes nowadays. It's totally out of the ambit of

divorce. Parties proceed for divorce in court themselves either on the grounds

available to husband and wife U/S-13(1) or U/S-13B. They are well educated and

they were well aware about the impacts and consequences of divorce. Therefore they

prefer to take divorce on their mutual consent instead of allegating each other.

As per Judges: During an interview session, a question was asked by the scholar

whether section 9 of the Hindu Marriage Act 1955 which relates to the restitution of

conjugal rights was being misused by the couples than, 33.33% of male and 33.33%

of female judges responded in “Yes” that in their court most of the couple use section

9 as a protection and safeguard against divorce petition. Thus they want to take the

benefit of their own fault. 57.14% of the male and 55.56% of female judges that

responded in “No” said that they did not notice any case or matter related to section 9

was only filed for the protection. They said that till the date the cases filed under

section 9 of Hindu Marriage Act was genuine and aggrieved party was, in reality,

seeking remedy from the court under Section 9 for the re-establishment of their

marriage. Only 09.53% of male and 1.11% of female judges respond in “Can't say”

as they were not shown any interest to comment on any religion or personal laws

related specific questions they also said that until and unless any case related with

this matter has come in front of them they cannot speak or give their view related to

such particular section. The Researcher found that although section 9 is made as a

remedy for marriages now is becoming a tool to harass other party. In the number of

cases it has been noticed that section 9 up to some extent was misused by the party

for their own benefits.

Researcher found during interview session that this section was included to provide a

change or to give a second chance to the couples to save their marriage but

263
somehow the remedy available under this section was treating like a weapon, which

was used against the second party and try to prove as a innocent party in front of

court where the petition was raised by the female it has been presumed by the court

that definitely there was a mistake of male and that's why nowadays even judges

suggest the researcher to put the need for establishment of Men's commission in

India and asked the researcher to put this in the suggestions

264
2.8. Section 24 of HMA 1955 (pendilite Maintenance) is compulsory in the

proceedings of divorce matters.

Table 2.8

Question 2.8 Respo- Advocates Judges

Is Section 24 ndents Male % Female % Male % Female %

of HMA 1955
Yes 49 54.5 37 61.7 14 66.7 5 55.6
(pendilite

Maintenance)
No 30 33.3 18 30.0 7 33.3 4 44.4
is compulsory

in the
Can‟t 11 12.2 05 08.3 00 00 00 00
proceedings
Say
of divorce
Total 90 100 60 100 21 100 9 100
matters?

See Annexure No. C

Analysis.

As per Advocates: When the researcher asked the question related to Pendilite

Maintenance in divorce proceedings is mandatory or not from the advocates than,

54.44% of male and 61.67% of female advocates respond that section 24 is

compulsory for parties, those who are unable to bear the cost or expenses of suit in

the court, this section help them to maintain such expenses . Similarly 33.34% of

male and 30% of female advocates respond in against that section 24 is not

compulsory for deciding the petition of divorce as it is only granted to the parties,

265
where court feels it necessary. Where parties file divorce mutually then there is no

need to provide maintenance under section 24 of Hindu Marriage Act 1955. 12.22%

of Male and 08.33% of female advocates refuse to respond in any manner related to

section 24. The Researcher found that on the basis of advocates response, section 24

is not mandatory. Under some Grounds of divorce and before providing

maintenance, court also intervenes that whether the parties are really in a situation or

not, to be able to bear the cost and expenses of the case or it was only for lingering

on the matter in the court or mentally harassing the other party.

As per Judges: When the researcher asked the question relating to Pendilite

maintenance under Divorce Cases from the judges than 66.67% of male and 55.56%

of female judges respond that section 24 is compulsory for parties who are unable to

bear the cost or expenses of suit in the court. Similarly 33.33% of male and 44.44%

of female judges respond in against that section 24 is not compulsory for deciding

the petition of divorce as it is only granted to the parties, where court feels it

necessary. Where parties file divorce mutually, there is no need to provide

maintenance under section 24 of Hindu Marriage Act 1955. 00% of Male and 00% of

female judges refuse to respond in any manner related to section 24. The Researcher

found that on the basis of above response section 24 is not mandatory, under some

grounds of divorce and before providing maintenance court also intervene that

whether the parties are really in a situation to not bear the cost and expenses of the

case and are they really in need of any financial help. If court feels it necessary then

maintenance U/S-24 was awarded by the court to the needy one.

266
2.9. Sec 25 of HMA 19655 (permanent Alimony and Maintenance) is

compulsory

Table 2.9

Question 2.9 Respo- Advocates Judges

Is Sec 25 of ndents Male % Female % Male % Female %

HMA 19655 Yes 61 67.8 39 65.0 13 61.9 7 77.8

(permanent No 26 28.9 3320 33.3 8 38.1 2 22.2

Alimony and Can‟t say 03 03.3 01 1.7 00 00 0 00

Maintenance)

is Total 90 100 60 100 21 100 9 100

compulsory

See Annexure No. C

Analysis

As per Advocates: When the researcher asked from the advocates the question

relating to permanent alimony and maintenance than, 67.78% of Male and 65% of

female advocates responded in favour that alimony and maintenance are compulsory

to decide divorce matters especially in those cases where female and children are the

sufferers. This amount helps them for their resettlement and re-establishment

although this cannot provide any relief against the pain and agony they suffer after

the divorce. 28.89% of Male and 33.33% of female advocates responded in “No” that

alimony and maintenance nowadays become a weapon for females which they use on

males and harass them mentally and economically for fulfilling their illegal demands.

03.33% of male and 01.67% of female advocates refused to give their response as
267
they had a view that with their yes or no the situation cannot be changed. The

Researcher found that advocates who respond in favour of section 25 has a view that

this is a compulsory portion for the new beginning specially for those females who

were divorced by their husbands without any fault but on the other hand those who

respond in against had a view that after getting maintenance in most cases, female

remarry with another male and they file divorce petition only for claiming

maintenance so that they can easily live their life with whom they wants. The

Researcher observes Section 25 up to some extent becomes the reason for the

increasing rate of divorce in the Modern era and courts grant alimony and

maintenance. In some cases females are guilty for divorce.

As per Judges: 61.90% of male and 77.78% of female judges were opined that the

aggrieved party after divorce is unable to live in future. Under Section 25, financial

assistance which is given in the form of Permanent Alimony and Maintenance is

necessary through which party get mental and financial support received from the

court to start their new life. On the other hand 38.10% of male and 22.22% of female

judges were of the opinion that despite being financially prosperous, the parties

demand section 25 so that they can cause financial harm to the other party and

mentally harass them. Where divorce is the last remedy, section 25 plays a vital role

in the re-establishment of their life. 0% of male and 0% of female judges refused to

give their response. The Researcher found that through judicial decisions court

exercised Section 25. In some cases court observed that the reason behind divorce

has been financial support which other party will get after the decree of Divorce from

the provisions of section 25. Therefore upto some extent it becomes the reason for

increasing divorce.

268
2.10. Waiver of cooling-off period is justified by the court.

Table 2.10

Question Respo- Advocates Judges

2.10 ndents

Is waiver of Male % Female % Male % Female %

cooling off Yes 42 46.7 34 56.7 16 76.2 5 50.6

period
No 40 44.4 23 38.3 4 19.0 3 33.3
justified by

the court
Can‟t Say 08 8.9 03 5.0 1 04.8 1 11.1
U/S- 13B

(2) of HMA

1955? Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per advocates: When the question related to waiver of „Cooling-Off‟ period in

the divorce proceedings from the advocates than, 46.67% of male and 56.67% of

female advocates had a view that if any couple already living separately from a long

duration then there is no need for them, to be sent again for judicial separation of 6

months or to re-think about their marriage and their marital relations, as their conduct

shows that they were not happy in their married life. 44.44% of male and 38.33% of

female advocates replied that the removal of “Cooling off” period is not justified

because in most of the cases it is seen that wife is mentally abused by the husband

269
and even during this time if the husband and wife make even a last effort to restore

their marriage, will also end. 08.89% of male and 05% of female advocates respond

in “can't say” they replied that this is the decision of the court and whether we are in

support or against it cannot change the present situation. The Researcher found that

advocates who are in support of waiving off the cooling period replied that the

process of divorce will be simplified which can lead to pros in some circumstances

and cons in some circumstances, parties those who want to save their marriage will

also lose their last chance to re-establish their marriage. Advocates those who were

not in favour reasoned that women who are suffering under their marriage and still

living in their marriage as a burden, they can get a quick divorce and live their lives

in a new way and start a new life.

As Per Judges: During an interview session when Researcher asked from the judges

about the wave out of cooling-off period by the supreme court in Amrinder Kaur

case is justify, 76.19% of male and 55.56% of female judges responded in support of

the question. 19.04% of male and 33.33% of female were in against the motion. The

reason behind was that they believed if this period was wave out, then somewhere

the importance of marriage will end and irretrievable breakdown theory which was

proposed earlier by the Law Commission in its 71st report in the year 1976 will be

seen adopting in the same sense, even if the society do not want to accept it. 04.77%

of male and 11.11 % of female judges refused to give their view on this issue. They

replied that it was against their protocol to comment on the judgement of the

Supreme Court . Researcher found that although legislature did not accept the theory

of Irretrievable theory of divorce but judiciary through its discretionary power to

decide the case, is somehow adopting the same, which is also increasing the rate of

divorce in present scenario.

270
 2.11. Suggestion to the couple for Mediation or Counselling.

Table 2.11

Question 2.11 Respo- Advocates Judges

ndents
Do you suggest Male % Female % Male % Female %
the couple Yes 90 100 60 100 21 100 9 100
before filing the
divorce petition No 00 00 00 00 00 00 00 00

for counseling
Not Yet 00 00 00 00 00 00 00 00
or mediation?

Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per Advocates: When the researcher asked the question relating to mediation

and conciliation before filing the divorce petition than 100% of male and female

advocates are in favour. They respond that before filing divorce petition they suggest

the couple to undergone for counselling session as this is the last try to save their

marriage they had a very strong belief that marriages are made in heaven and cannot

be break-in on earth. The Researcher found that all the advocates play a role of

mediator role between their clients before filing a divorce suit so that they can save

their relations, and try to save their relation if there is any hope persist.

As per Judges: When the researcher asked from the judges about the question

relating to mediation and conciliation before filing the divorce petition than, 100% of

male and female judges respond that they support them for counselling and

mediation before filing the divorce petition in the court because even today in India,

marriage, and family have importance. If divorce continues to increase in this way,
271
the future generation will lose faith in the relationship like marriage and for

maintaining the situation, court has opened mediation centers, which instead of

dissolution of marriage try to make one last attempt to save their relationship. The

Researcher found that Court has taken various steps and measures for reducing the

rate of divorce in present era through mediation and counselling. They tried their

utmost good efforts to save the marriages of the couple. Where they found any hope

surviving, for such purpose mediation center are established in district courts to

resolve such issues and attempt to try to save their marriages.

Researcher observed that after invoking mediation in family disputes cases by the

family court Act 1984. Center of Mediating also plays an important role in the

solution or resolving the issues among the partners.

Nowadays court made mediation compulsory for every family dispute. Now before

proceeding to the case and after filling the case in the Court. The Judge referred the

case to the mediation center of the respective court and made compulsory for the

parties to go through such process and if mediation is unsuccessful then case run in

the courts.

As a National capital 'Delhi' marked cases in remarkable numbers & the success role

of Delhi Mediation Center is around 90%. Which shows that still hope to retain

marriages is alive, but our point of consideration on those cases which are not reach

to its success after a good mediation.

272
 2.12. Role of the National Women Commission during mediation and

counselling

Table 2.12

Question 2.12 Respo- Advocates Judges

What is the Role ndents Male % Female % Male % Female %

of the National Settlement 00 00 00 00 00 00 00 00

Women

Commission Mediation 71 78.9 48 80 16 76.2 7 77.8

during mediation
Not 19 21.1 12 20.0 5 23.8 2 22.2
and counseling? significant
role
Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per advocates: when the question asked by the researcher about the role played

by the National Women Commission in divorce Proceedings than, 00% of male and

female advocates were of the opinion that the National Woman Commission could

not play any role in the compromise between the parties as it is the duty of the court

only. 78.89% of Male and 80% of female advocates believed that the National

Woman Commission plays an arbitration role. If the parties approach them, it

intervenes in their marital relationship, and make aware of the poor and backward

region women. The national women commission also runs various programs so that

these women can get information about their rights. 21.11% of male and 20% of

female advocates were of the opinion that they were not satisfied with the role of

National Women Commission. They said that the reason for increasing the number

of divorce is a biased approach of the National Woman Commission and in many

273
cases, it has been observed that in present time men were also harassed. Therefore,

today the National Woman Commission should listen to the views of both the parties

and give such kind of settlement so that marriage which is a sacrament can be fully

solemn. Where the circumstances serious or curse one should be able to get freedom

from such relations. The Researcher found that the functions of the National Woman

Commission, which is a national entity, has a major impact on society, as many poor

people belonging to the lower class approach to such national units and ask them for

help and if these units are biased then the grounds on which these National units

were built become meaningless.

As per Judges: When asked by the judges about the role of national women

commission 00% of male and female judges responded in favour of settlement as this

was the duty of court not the national women commission. Whereas 76.19% male

and 77.78% female judges responded in mediation and 23.81% of male and 22.22%

of female judges viewed that National women Commission does not play any

significant role. They had done only mediation and counselling of the couple. After

this a question arise in the mind of the Researcher that why a modern state like India

not have an establishment of National Men Commission, why judiciary have soft

corner for females and why always men were blamed. This is not an era where

females need support to establish themselves. This is an era where our legislature

believes in equality and somehow we also know that in present days men are also

suffering like female. It is the duty of the Legislature to frame such laws which can

also help male like females and Judiciary played this role time to time through their

judgments.

Researcher also observed during interacting with Advocates as well as Judges that in

many cases national women commission plays & motivates the couple to adopt the

274
process of mediation which somehow help them to provide a second chance to their

marriage. They also conduct a special counselling session only for couples in which

they try to find out the best possible way to resolve the issue and initiate such process

which help them to give an option to re-think their issue and it there is any Ray of

Hope, then get it succeed

275
 2.13. Cases relating to divorce get register from July 18 to July 19 in a district

under the Hindu Marriage Act 1955.

Table 2.13

Question 2.13 Respo- Advocates Judges

ndents
Male % Female % Male % Female %
How many cases
Less than 01 1.1 02 03.3 0 00 00 00
relating to 500
Less than 44 48.9 27 45.0 10 47.6 4 44.5
divorce get
1000
register from July Less than 38 42.2 21 35.0 4 19.1 2 22.2
2000
18 to July 19 in
Less than 02 2.2 02 3.3 0 00 00 00
Your district 5000
under the Hindu Above 00 00 00 00 0 00 00 00
5000
Marriage Act
1955? Can‟t Say 05 5.6 08 13.4 7 33.3 3 33.3

Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per Advocates: When researcher asked about the number of cases filed in an

year in a district from the advocates than, 01.11% of Male and 03.33% of female

advocates were of the view that divorces are getting rapidly today due to easy

divorce. Now Parties believe in breaking up the relation rather than to compromise

and live in it. On the other hand, 48.89% of male and 45% of female advocates

believed that divorce litigation takes place around 1000, mainly because today

women have become aware of their rights. Now they do not want to live in a

conservative culture where they were exploited. In present scenario, it has been

observed that due to high competition for survival male are also not able to give a

276
satisfactory life to their wives. Hence becomes a reason for increasing divorce.

42.22% of male and 35% of female advocate respond that in the duration of 1 year

around less than 2000 cases related to divorce in the court. Whereas 02.22% of male

and 03.33% of female advocates responded that in 1 year around less than 5000 cases

of divorce are registered in court. They replied that today husband and wife both are

aware about their legal rights and legal process, so that if there is any infringement of

legal rights then the other party can claim remedy from the court. 0% of male and 0%

of female advocates said that in the duration of 1 year the number of cases does not

exceed above 5000. 05.56% of male and 13.34% of female advocates refused to give

their response, saying that to maintain the number of cases is a duty of court, they do

not have any definitive data related to the number of divorce cases registered in a

year. The Researchers have found that on the basis of facts, divorce has become a

serious problem in recent times, which is a shock for the Indian culture. The

increasing tendency becomes a threat to the joint families and their belief, where the

matters can resolved by the elderly people of the family and now in their absence the

parties move directly to court for resolving their issues.

As Per Judges: When Researcher asked from the judges during interview session

about the number of cases filed during a year then around 47.6 % of male and 44.5%

of female judges responded in less than 1000 number of cases, 19.1% of male and

22.2% of female judges responded in less than 2000 and 33.3% of male and female

judges responded in can't say as they replied that it was against their portfolio to

disclose the number of cases filed during one year in their Court. This is against the

policy of court to disclose such count in any manner.

Researcher found & observed that after interacting with advocates & court Room

offices and also after surfing the data of divorce cases of National Judicial Grid data.

277
The number of cases in Last 5 years has been increased. the Bar as well as Bench

also agreed that during Last decades they have also observed and noticed that the

ratio of couples approached to court has increased for taking divorce as a solution of

their matrimonial disputes.

278
 2.14. Muslim couple takes divorce under their customary law.

Table 2.14

Question Resp- Advocates Judges

2.14 ondents

Whether a Male % Female % Male % Female %

Muslim Yes 43 47.8 27 45.0 12 57.1 5 55.6

couple takes
No 36 40.0 25 41.7 9 42.9 4 44.4
divorce

under their Can‟t say 11 12.2 08 13.3 00 00 00 00

customary
Total 90 100 60 100 21 100 9 100
law?

Analysis

As per Advocates: When a question asked by the researcher that whether Muslim

couple prefer customary divorce or not from the advocates than, 47.78% of Male

and 45% of female advocates gave their opinion in “yes” and said that even today,

Muslim husband give divorce to their wives as per the Shariat laws. Under Muslim

law, the marriage is a civil contract for a Muslim couple in which the terms of a

divorce are fixed at the time of marriage and they are fulfilled at the time of divorce.

On the other hand, 40% of male and 41.67% of female advocates who were replied

in “No” said that now the situation has changed. Muslim women have also become

aware of their rights, even though they were married in a contractual way according

to Muslim law, but for divorce she wants to make the court as a medium. 12.22% of

male and 13.33% of Female advocates were of the opinion that they do not want to

279
express their view. The Researcher observed that whether marriage is consider as a

ritual or as a contract it depends upon the couple how they take their marriage. If a

married couple wants to get divorced, then they take divorce positively and break

the relationship contract, whereas if they want to harass other then they take it

negatively and force other to follow it as a ritual. So it is not easy to say that only the

Muslim couple divorces according to their customs.

As per Judges: During the interview session when researcher asked from the judges

that whether Muslim Couple prefer Customary Divorce or not than, 57.14% of male

and 55.46% of female judges were responding their answer in “Yes” as they agreed

that most of the Muslim couples take divorce under their customary laws. Around

42.86% of male and 44.44% of female judges respond in “No.” They did not agree

that Muslim couples took divorce under their customary law because in present Era

Muslim women are aware of their rights and for their fulfillment they can take the

help of judiciary. The Researcher found that although Muslim couple seeks help

from the court in other matters and have knowledge of the dissolution of the Muslim

Marriage Act 1939, but where the matter relates with the marriage or for divorce they

prefer customary laws.

It has also been observed that Muslim couple still have faith on their rituals &

tradition, They feel comfortable to resolve their issues within and according to

customary laws. Around 55% of Advocates & 60% of judges were respond that

whether there is a issue of marriage or divorce Muslim couple prefer to chose

customary law rather than judicial remedy

280
2.15. The status of Muslim women is improved after Triple Talaq.

Table 2.15

Question Respo- Advocates Judges

2.15 ndents

After triple Male % Female % Male % Female %

talaq Bill, the Yes 56 62.2 31 51.7 8 38.1 5 55.6

status of No 19 21.1 17 28.3 13 61.9 3 33.3

Muslim Can‟t say 15 16.7 12 20.0 00 00 1 11.1

women is Total 90 100 60 100 21 100 9 100

improved

See Annexure No. C

Analysis

As per Advocates: When the question asked from the advocates relating to

customary divorce under Muslim law than,62.22% of male and 51.67% of female

advocates, believed that with the introduction of the triple divorce bill, the condition

of Muslim women would improve where the sword called divorce was always ready

to cut off their marital relations and now it would be able to control it. Muslim

women will also be able to have a secure marital relationship. On the other hand,

21.11% of male and 28.33% of female advocates, responded in “No” believed that

the arrival of this bill would not affect the status of Muslim women because the

divorce which was given before the triple divorce bill was given also at this time but

after its introduction only the change occurred in its conditions, then what change

occurred in the situation of women. 16.67% of male and 20% of female advocates

281
who refused to express their reaction said that this is the work of the government

because the government has brought this bill. They do not want to make any

comment on the work of the government or the judiciary. The Researcher found that

the arrival of this bill has only changed the situation and time frame of divorce, the

condition of women is as serious today as it was before the arrival of this bill. They

still need help to overcome from the boundaries of customary laws behind which

they are still exploited.

As per Judges : When the question asked from the Judges relating to the Status of

Muslim women after the introduction of Triple Talaq bill than, 38.1% of male 55.6%

of female judges responded in “Yes” that after the final implication of this bill into

law the status of Muslim Women definitely improved but around 61.1% of male and

33.33% of female judges responded in “No”. The reason behind for their response

was that although there are various laws made for the development and

improvement of the status of Muslim females but still they were socially bound and

forced to follow their customary laws and therefore it is very difficult to say that after

the introduction of this Amendment the status will improve or not. 0% of males and

11.1% of female judges refused to give their views. During an interview session,

The Researcher observed that still legislature and Judiciary has to work for the

improvement in the social status of Muslim women. Framing extra laws for their

welfare is not sufficient, implementation of those laws is more important. The

legislature cannot be free from its duty only by framing extra laws. Judiciary has to

play a vital role in the implementation of Laws with the legislature then only the

legal status of Muslim female can be improved.

282
2.16. Satisfaction with the present laws of Divorce.

Table 2.16

Question Respondents Advocates Judges

2.16
Are you Male % Female % Mal % Female %

satisfied e

with the Yes 63 70.0 39 65.0 11 52.4 6 66.7

present No 22 24.4 14 23.3 7 33.3 2 22.2

laws for Can‟t Say 05 05.6 07 11.7 3 14.3 1 11.1

Divorce? Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per Advocates: When the question asked by the researcher from the advocates

relating to satisfaction with the present laws of divorce than, 70% of Male and 65%

of female advocates whose opinion was “yes”, gave their response by saying that

they are currently satisfied with the various provisions of law, as the legal process is

ensured, the judiciary and the legislature are performing their duty very well, and

from time to time they make amendments as per the need of society. On the other

hand, 24.44% of male and 23.33% of female advocates, who were not satisfied with

the current laws, said that the legal process should not be so simple where parties can

start misusing of it. Some 05.56% of male and 11.67% of female advocates refused

to comment, as they do not want to make any comment on the legislature acts. The

Researcher found that the advocates those who respond in “yes”, were of the opinion

that according to the laws and decisions, the need of the society are satisfied but the

283
complexity of the judicial process and its simple nature in different circumstances

increase the divorce and somehow it becomes the threat for the society.

As Per Judges: When the question asked by the researcher from the judges relating

to satisfaction with the present laws of divorce than, 52.4% of male and 66.6% of

female judges responded in “Yes” they said that they are satisfied with the present

provisions of divorce under various personal laws, 33.33% of male and 11.11% of

female judges respond in “No.” They believed that still, legislature has to do more

work for the present scenario of the society and frame new laws as amending the

previous laws are only bring a little change. 14.3% of male and 11.11% of female

judges did not wish to express their views. The Researcher found although our

previous laws are quiet good but have some loopholes which help to escape from the

legal procedure to the guilty party. Therefore instead of amending day by day its

better to frame such laws that help the aggrieved party in taking relief from the

courts.

Researcher observed that society is satisfied with the existing structure of Legal

procedure and its framework. They were happy with the role played by the Judiciary

& its interference in making the laws successfully implemented. As per the opinion

of Advocates & Judges Legal structure framed by the Legislature were appropriate

and as per the need & requirement of society. it has been observed while interacting

with Advocates that there is no such need to create extra laws. The present structure

of Legal framework is sufficient but if the implications of Laws are also done in

speedy manner then the burden of cases may be reduce.

Whereas while interacting with Judges researcher found that they also believed Laws

are sufficient but the proportion of family courts irrespective of cases are not

284
sufficient. Although the ADR System some how reduce the burden of cases but still

they feel that establishment of more family courts are required. Researcher also

found that the Legal fraternity also believed & satisfied with the existing framework

of legal structure.

285
2.17. Misused of Divorce Legislation.
Table 2.17

Question Respo- Advocates Judges

2.17 ndents
Are Male % Female % Male % Female %

divorce Yes 69 76.7 45 75.0 14 66.7 4 44.4

legislations No 13 14.4 12 20.0 4 19.0 3 33.3

being Can‟t say 08 8.9 03 05.0 3 14.3 2 22.2

misused? Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per Advocates: When Researcher asked from the advocates about the misused

of Divorce legislation than, 76.7% of male and 75% of female advocates, responded

in “yes”, said that Divorce provisions are used by husband and wife to harass each

other, both of them create separation of marriage a serious problem than marriage.

Both parties may harass each other either for Maintenance, litigation expenses, or

for Future allowances, Protection of children, threat of jail and Mental- social

harassment etc. On the other hand, 14.44% of male and 20% of female advocates

responded in “No” believed that misuse of laws is not possible at all because the

legal provisions are rigid and complex which can be followed only under the judicial

process or by the police administration. It not is possible that any process can be

misused. 08.89% of male and 05% of female advocates, refused to give any specific

response. They believed that it is the job of the judiciary to ensure and check that the

laws should not be misused, on which they do not want to make any comment. The

Researcher has found that the legal provisions of divorce are not misused as the
286
process of divorce is not so easy. Both the parties harass each other during legal

process that, they do not get proper remedy or relief at the time of divorce.

As per judges: When asked by the Researcher from the Judges relating to need of

extra laws than, During the interview session, 66.67% of male and 66.67% of female

judges responded in “Yes.” They said that most of the time they had seen the misuse

of divorce laws done by the couples. They said that mostly they Mis-use „Cooling-

off‟ period and do not want to compromise with each other and threaten to divorce

on the basis of legal provisions and pending litigation. They also abuse maintenance

laws and females try to exploit men on the basis of maintenance. 09.52% of male and

11.11% of female judges respond in “No” they believed that the provisions of

divorce are not misused, where divorce is the only solution to the problem. The

provisions of divorce are fully utilized. In the present time, there were lots of cases

pending due to the complexity of the process. If the process becomes simple then the

number of divorce cases increase and couples file divorce cases on trifle issues in the

court. whereas 23.81% of males and 22.22% of females judges refused to give their

views. The Researcher found that the judiciary is playing its role efficiently. It also

depends upon the parties who come in the court with false allegations and want to

take benefit of their own faults.

Researcher found and observed that there is no such loop hole or privileges given to

any party by the court and Judiciary followed the procedure laid down by law. The

remedy given by the court are always bases on the evidence and submission by the

parties in front of Court. They decided case as per the available facts & Evidences. If

parties submit false Evidence or false statements in the court then courts are decided

the issues upon them as per these views it can be said that society upto some extent

are misusing the legislations.

287
2.18. Need to make Extra laws for relief from divorce.

Table 2.18

Question 2.18 Respo- Advocates Judges

Is there any ndents Male % Female % Male % Female %

need to make Yes 32 35.6 20 33.3 14 66.7 5 55.6

Extra laws for

No 57 63.3 37 64.7 2 09.5 1 11.1
relief from
Not 01 1.1 03 05.0 5 23.8 3 33.3
divorce?
Required

Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per Advocates: When asked by the Researcher from the advocates relating to

need of extra laws than, 35.56% of male and 33.33% of female advocates said that in

present times, there is a need to make new laws related to divorce, because law is the

only basis of the judicial process. The court give decision according to the

circumstances and condition of the case. If the laws related to divorce can amend,

then it may reduce the fast-growing divorce. They said that the decisions which are

given by the court on the basis of circumstances are not the law but they are given

under discretionary power of the court, which is taken for the benefit of the parties.

Where the court feels that the present statutes are incapable to take in those

circumstances. On the other hand, 63.33% of male and 64.67% of female advocates

who believed that new laws are not required. At present, if the laws are fully

complied with, disputes can be settled appropriately as maintenance can be sought as

288
per the provisions of Section 125 Cr.P.C, then there is no requirement of new laws

on this basis. 01.11% of male and 05% of female advocates refused to respond,

believing that it is the job of the legislature to decide whether society needs new laws

or not. They do not want to make any specific comments on the work of the

legislature or the government. The Researcher felt that the laws that exist in India

under the present time are perfect in their own ambit but due to some reason, they

could not be fully complied with. In various cases, parties feel helpless to get a

decision because the decision process is not followed completely by the legal

process. Accordingly, the advocates, who were of the opinion that new laws are not

required, as if the current laws are strictly enforced and more emphasis is given to

secure the justice process. Only in increasing the number of laws and specially for

divorce. We have to prevent the problem which can be solved only by awareness

of laws and their observance by the society.

As per Judges: When Researcher asked from the Judges about the misused of

Divorce legislation than, 66.6% of male and 55.6% of female judges responded in

“Yes.” They replied that present laws are sufficient under all personal laws for

seeking any remedy under their marriages. There is no need to frame extra laws for

divorce in any personal laws. Whereas 09.05% of males and 11.1% of females

judges responded in “No”. They had a view that society is ever-growing and the

amendment in existing laws are sufficient to satisfy the need of change society

because currently the divorce laws are being misused due to which the number of

divorces is increasing and no process is ensured, for which Parliament do

amendments in the existing laws.23.8 % of male and 33.3% of female judges

responded in “Not Required” as they do not want to give their views. Researcher

found that the laws made by Indian legislature are sufficient but their implementation

289
is not proper. So upto some extent the society can easily misuse them. Therefore in

present time the need is to strict compliance of law rather than to frame some new

laws.

Researcher also observed that as per the need judiciary itself made change as per

requirement through their judgement which become precedent for other cases and

lower courts can decide the issue as per such pre-decided cases and given remedy

according. So it has been observed that until & unless some drastic change has

observed in society. T here is no need to make some extra laws to grant relief in

divorce, but this fact can also be not ignored that there is a need of strict compliance

& follow the rules, principles, laws, bye-laws etc by the society.

290
 2.19 Satisfaction with the present trend of the judiciary towards divorce cases.

Table 2.19

Question 2.19 Resp- Advocates Judges

Are you ondent Male % Female % Male % Female %

satisfied with Yes 36 40.00 27 45.00 2 09.5 2 22.2

the present No 54 60.00 33 55.00 15 71.4 5 55.6

trend of the Can‟t 18 20.0 6 10.0 4 19.1 2 22.2

judiciary Say

towards divorce

cases? Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As per Advocates: When the researcher asked from the advocates about the

satisfaction with the trend of judiciary than,74.44% of Male and 85% of female

advocates said that they are currently satisfied with the actions of the court because

where the decision is not made through the laws, the judge, on the seriousness of the

circumstances, makes decisions which is based on Equity, Justice and Good

Concern. It takes the form of precedent in many cases. This has been observed that

the judiciary's function is also serving as examples for society. When asked by some

05.56% of male and 05% of female advocates, gave their answer, said that they are

not satisfied with the judiciary's approach to the problem like divorce, as it has been

seen in many cases that the judiciary uses the simple legal process and the decision

given to them put very little impact on them. At the same time, 20% of male and

10% of female advocates expressed their inability to express their reaction saying

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that at present the court is competent and they do not want to make any kind of

comment to the court about its attitude towards the cases. The researcher observed

that the process followed by judiciary is commendable. The decisions given by the

judiciary are based on the request and as per the relief , necessary to be given to the

parties. The process of law making is not easy and to protect the society and social

belief it is on the judiciary as well as legislature to understand the change and frame

laws accordingly.

As Per Judges: When the researcher asked from the Judges about the satisfaction

with the trend of Higher Judiciary than, 09.52% of male and 22.22% of female

judges responded in “Yes”, there is a need for new laws to provide easy treatment as

the circumstances of married life are changing in society today due to which the need

for new laws or amended laws is increasing and for which today Higher Judiciary is

playing its role very well. In situations where laws are silent judiciary actively come

forward and play its duty for the welfare of Society. 71.5% of male and 55.6% of

female judges responded in “No”, they said judiciary are bound to work as per the

frame work of powers given to them. They were not able to act freely. They have

only to interpret the law. 19.1% of male and 22.22% of female judges respond in

“Can‟t Say” as they do not want to give their views on the topic in any manner. The

researcher found that our present Judiciary is very active and responsible. They are

much aware with the facts that whatever they decided has directly put impact on the

society as well the relations of individuals. So before delivering any decision or

Judgement they recheck the situation twice to deliver any judgement.

Researcher observed that judiciary is doing its duty very efficiently. The trend for

deciding the cases specially where matter arises for child custody, Alimony or

Restitution & Restoration of marriage, the way adopted by the courts to decide the

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disputes is remarkable. Now, the court until and unless satisfied with the given

evidences, statement & facts, did not give any decision on any matter it has been

found through the various decided cases that the method adopted by the court to

decide or to resolve the issue is unbiased. The procedure established by the

legislature for any legal procedure is very well adopted & followed by the court to

provide justice Naturally and communicate that functioning of Court is unbiased.

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 Q2.20. Do you agree that judiciary has to follow the concept of Art 14 in divorce

cases

Table 2.20

Question 2.20 Respo- Advocates Judges

Do you agree ndents Male % Female % Male % Female %

that judiciary

has to follow Yes 71 78.9 36 60.0 13 61.9 6 66.7

the concept of

Art 14 in No 19 21.1 15 25.0 5 23.8 2 22.2

divorce cases

Can‟t 00 00 09 15.0 3 14.3 1 11.1

Say

Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis

As Per Advocates: When Researcher asked the question relating to Art-14 has

followed or adopted by the judiciary in deciding the divorce matters than, 78.89% of

male and 60% of female advocates were of the opinion that the judiciary follows

Article 14. They believed that there are only two parties male and female under

judicial process. They do not discriminate against them on any basis and neither on

the circumstances of the divorce. Court follow the concept of equality while

deciding any case as law is not made on the gender basis. Under divorce proceeding

Mutual consent is a best example to prove equality in divorce proceedings. 21.11%

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of male and 25% of female advocates respond in “No” believed that the justice

system is more lenient towards women while both parties are the sufferer. The man is

not taken seriously in divorce cases. It is always assumed that there has been a guilty

of male which is not true in all circumstances. Under various legal provisions of

divorce it has been seen that more relief is provided to the woman while the man is

considered to be a persecutor of the woman. 0% of male and 15% of female

advocates refused to comment, saying that they do not want to make any comment

on the approach of judiciary. The Researcher found that the judiciary uses Article 14

to its fullest and does not pass judgment in favour of either side, keeping in mind the

law and circumstances, judiciary gives its decision because both parties must find

some relief in the dispute only then decision is considered complete.

As per Judges: When the Researcher asked from the judges, the question relating to

Art-14 (concept of equality) has been followed by the judiciary in the Divorce

Proceedings than, 61.90% of male and 66.67% of female Judges whose answer is in

“Yes” believed that a prima facie man in relation to divorce is believed to be the one

who tortured his wife. Through many shreds of evidences, man has to give evidence

of his innocence in court. Whereas there is a lenient behaviour towards women in the

court. In a process like a divorce, both women and men are oppressed. But in many

cases, it has been seen that due to non-compliance of Article 14, men also have to

endure harassment in the judicial process. 23.81% of male and 22.22% of female

judges, who were of the view that Article 14 is not violated, believed that our society

is a male-dominated society, where women always have to be vigilant towards their

family reputation. According to social beliefs if there is any stress on them for any

reason either violence or harassment is done she is not able to highlight these

problems due to her reputation in the society. She does not want to highlight her

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marital relationship in which divorce is a serious problem. If the judiciary has a view

that the fault is committed by males then how she what quotes the assault has done

upon her at first instance, will be consider as a violation of Article 14 (right to

equality). The 14.29% of male and 11.11% of female judges who expressed their

inability to express their opinion said that due to social mobility, in divorce cases we

do not just blame the man or the woman and give our decision according to the time

and circumstances. It is clear from the above discussion that if a woman is also

harassed at her in-laws, then she stays silent until her tolerance of harassment ends.

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 2.21. Different personal Laws in one nation is a violation of Article 44 of the

Indian Constitution.

Table 2.21

Question 2.21 Respo- Advocates Judges

Having Different ndents Male % Female % Male % Female %

personal Laws in

one nation is not a Yes 67 74.4 42 70 11 52.4 5 55.6

violation of Article

44 of the Indian No 08 08.9 12 20 9 42.9 2 22.2

Constitution

Can‟t

Say 15 16.7 06 10 1 04.7 2 22.2

Total 90 100 60 100 21 100 9 100

See Annexure No. C

Analysis
As Per Advocates: When the researcher asked from the advocates about the non-

uniformity in personal laws was not a violation of Article 44 of Indian Constitution

than, 74.44% of the Male and 70% of female advocates believed that due to easy

civil procedure, cases were increased. Divorce cases related to each religion would

be expeditiously decided according to religion. The number of divorce cases would

be reduced and harassment under the marriage by resorting to personal laws. Now

there is a need to curbed out the scattered law, to stop the misuse of laws under the

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Code itself through Article 44. 08.89% of Male and 20% of female advocates

believed that this is not possible because in such condition, there is no importance of

any particular religion. Marriage in which two parties are male and female is form

their marital relationship. It has been seen in various cases that by following the legal

process and keeping in mind the marital status and problem of the husband and wife,

the judiciary gives the decision. To follow Article 44 is not possible, that time.

16.67% of male and 10% of female advocates refused to express their opinion that

their work was only to assist in getting justice, the work of law making is of the

legislature, so we do not want to mark any special comment on it. The researcher

found that although India is a secular state and all religions had same importance in

it. The principle of natural justice which is the base of legal process some- how

cannot be achieved at its fullest due to variations in the process of justice.

As Per Judges: When the researcher asked from the Judges about the non-

uniformity in personal laws was not a violation of Article 44 of Indian Constitution

than, The 52.38% of male and 55.56% of female judges whose opinion was “Yes”

believed that if Article 44 is adopted then, there will be a reduction in the number of

cases in the courts, which also reduce the burden of the court and the case can be

disposed of quickly in the judicial process. 42.85% of male and 22.22% of female

judges who were not in support of the question were of the opinion that it is not

possible to comply with Article 44 because India is a secular country where people

of different religions live and it is not possible to make the same process for

everyone. Article 44 is the guidelines for the state which is impossible to follow in

problems like divorce because in the cases of divorce, no decision is given according

to any religious belief, except of the Marital situation of husband and wife. 04.77%

of male and 22.22% of female judges were of the opinion that the judiciary is only to

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provide justice. In this matter either the legislature has the right to legislate the laws

or the central and state government. They have no right to comment on either duties

and upon rights. From the above discussion, The Researcher observes that where

there is a matter of right, Directive Principles cannot be imposed over fundamental

rights.

4.12 Conclusion

At present time, due to social change, the nature of families is changing. It is a

serious consequence that the ideology of husband wife in a family is not same. The

interview related to the problem has been taken by the researcher through personal

interviews and Questionnaire method. The process of questionnaire and personal

interaction has been done with General Public, Married Women, NGO, Advocates

and Judges. Researcher gets the data through their answers and response. Data

Collected from various group has been analyzed and interpreted in the above

chapter357.

When researcher asked the questions related to law and legal process under different

religions in their different personal laws. What effects of divorce has on their

children and their attitude and awareness towards law relating to divorce in the

society. The common opinion was that people at the social level have information

about the sensitivity of divorce and the legal provisions with procedures related to it,

but related to marriage If any dispute arises, the couple seeks a solution in the court.

It also has an impact on the future of their children. Children did not express their

pain with their parents. They express their feelings either by hurting themselves or by

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Chapter 4 Data Collection and Interpretation.

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hurting people in society. Table Number 2.7, 2.8, 3.5 related to these questions have

been represents the situation.

Thus table numbers 3.8, 3.9, 3.10 & 3.11 represent the problem relating to Muslim

women under triple talaq which had become unbearable for Muslim women. The

answer received from the general public and from Married women shows the

positive and negative impact of it. They said that it affects both society and family.

They replied that either it is matter of triple talaq or of Divorce the legal process is

same. It cannot be inferred from any particular religion. It has same for everyone and

due to simple and conformity, even uneducated people can get full benefits and

knowledge of it. The policies related to this should be made in spreading the

awareness of problem like divorce.

Women do not want to easily give up the controversies arising in the divorce in the

existence of marriage, but where the question of their living, education, forced

abortion, cruelty, harassment, protection, education of children and their equal status,

etc. it is in their welfare to break such marriages rather to live in it.

On the other hand, according to the married woman, the status of wife after divorce

becomes pitiful. For the beginning of new life she has to answered various questions

of society and to face various orthodox views which make her helpless. So in

present time it is necessary to educate and empower the female for the betterment of

her life. Through the awareness of rights and education the existing laws help the

sufferer to resolve their issues move on in new life.

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In this Chapter Table No. 2.4 Related with Response of General Public and

Married Women on Divorce follows.

4.12.1 Responses of General Public and Married Women.

2.4 The impact of divorce in our society

Table 2.4

Question Married
Respondents
2.4 Male % Female % women %

What is the Good 25 26.88 33 18.2 26 22.6

impact of bad 15 16.13 46 25.3 21 18.3

divorce in Worst 49 52.69 80 43.9 55 47.8

our society. No Impact 4 4.3 23 12.6 13 11.3

Total 93 100 182 100 115 100

See Annexure -A

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 Chart -2.4

Women were also of opinion that nowadays females also abuse her rights which also

creates negative impacts on men and society. In search of this recognition of society,

men are guilty. It has been opposed by married women themselves. Table No. 2.4

and 2.6, 3.1, 3.2 and 3.4 shows that today women are using their rights as a weapon

against her husband and his family which can represent through the data collected in

the above tables.

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In this Chapter Table No. 1.5 Related with Response of NGO's on Divorce

follows.

4.12.2 Responses of NGO’s

1.5. The most common reason for divorce.

Table 1.5

Question 1.5 Respondents Response %

Which is the Ego and self-esteem 12 30.00

most Financial differences 7 17.50

common Higher Education 3 07.50

reason for Short-tempered 9 22.50

divorce? Interference of Parents 5 12.50

Interference of Friends and 4 10.00

relatives

Total 40 100.00

See Annexure -B

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 Chart 1.5

According to the NGO, married couples give first priority to the police station for

complaints related to dowry and court for divorce, but where they want to seek any

relief and redress time to time from the exploitation either for dowry or cruelty for

dowry done, they approach to them. They also organized special programs to get

the society aware about such social issues, but in this, the cooperation of the

judiciary, Government and the intellectual class of society also needed. Table No 1.5

and 1.2, 1.4, 1.6 represents such views. It was a complete breakdown in 1.7 they also

opined that legal process is very complicated and hard to follow, show delay in

justice due to various complicated legal provisions.

The answers received by the advocate and the judges, the researcher came to know

that laws have been made by the legislature and the knowledge of their, use and

procedure is not complete at various levels to the public. they were not completely

aware with the provisions of divorce and therefore social consequences has been

arising from them.

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 In this Chapter Table No. 2.10 Related with Response of Advocates & Judges on

Divorce follows.

4.12.3 Responses of Advocates & Judges.

2.10. Waiver of cooling-off period is justified by the court.

Table 2.10

Question Respo- Advocates Judges

2.10 ndents

Is waiver of Male % Female % Male % Female %

cooling off Yes 42 46.7 34 56.7 16 76.2 5 50.6

period
No 40 44.4 23 38.3 4 19.0 3 33.3
justified by

the court
Can‟t Say 08 8.9 03 5.0 1 04.8 1 11.1
U/S- 13B

(2) of HMA Total 90 100 60 100 21 100 9 100

1955?

See Annexure No. C

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 Chart 2.10

According to the judges, there has been a lot of change in the current conditions of

marriage, so it is not appropriate to comment on any kind or religious faith, but

through the laws made by the legislature to stop the misuse and to prevent from the

problem of getting being divorced. What they feel is not so important as they have to

deliver judgement within the ambit of laws. They tried to give judgement within the

ambit and which give positive impact on the parties as well as to the society.

Judgements passed by them with an intention to giving positive example of

innovation in judicial decision. The law and the legal process could be renewed

which benefit not only the entire society, but to the married couples. Table No 2.10

and 2.7, 2.8, 2.9, , 2.14, 2.16, 2.19 reveals that they also thought delay in getting

justice is also a reason for increasing divorce. As taking evidence of justice from the

parties is the part of legal process. Sometimes they deliberately delay the process in

search of other person. As they have to keep an eye to check that whether party

wants divorce or only to harass the other, files the suit. If the other party do not want

to take divorce then court direct them for the restoration of marriage. In such

situation, it takes number of years to get a divorce and ultimately the half-life of

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both the parties were passed on. Both advocates and judges are share an important

link related with each other to provide justice. So, many similar questions were asked

from both of them, in which they were of the opinion that the change in the society is

possible when the law has been changed as per the need of society. To accomplish

such purpose the existing laws has to be reviewed by the legislature from time to

time.

The problem relating with divorce and with the females shows that there is a lack in

the present legal process system and there are deficiencies in the execution of

existing laws and if the legislature is not able to fulfil their functions in a proper

manner then how a common man get remedy at proper time. If there is stability in

family laws as well as the process they follow then the problem which arises on trifle

cannot be reach to the court and parties resolve their issue themselves. It is the duty

of all educated groups (Legislature, judges, advocates, General Public, NGO, media

etc.) that they make divorce simple and easy but not make it a weapon use by female

against for the men which is the most important aspect to look by the law makers.

Through research and responses collected on questionnaire by the researcher found

that from time to time, unbearable atrocities perpetrated by men through divorce with

women through repeated threats of divorce, abortion, threatened marriages,

exploitation, cruelty etc., has to be stop by the general public as well as by the

judiciary to give positive support in stopping these abusive acts. Suggestions on this

topic are mention in the fifth chapter through which these social problems can be

stopped and suitable resolution has been given, so that these acts will reduce in

numbers in the upcoming years.

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