Though Marriage is considered sacred, various societal and/or personal factors led to rise in divorce cases in India. Divorce can be difficult, but it may be necessary step towards one’s mental health, well-being, growth, and self-discovery. While every marriage is unique, there are some common reasons that lead to divorce. The reason could be individual or combination of several factors.
Most Common Reasons for Filing Divorce
Forced Marriage
Forced marriage is still a reality in India, often leading to lack of compatibility between the couple in terms on their perspective on life, lifestyle, food habits etc. Being pressurized to marry against their will creates gaps in emotional attachment between the husband and wife, thus making either or both unwilling to compromise or sacrifice their needs and desires. Thus, leading to a distressful marriage.
Physical and Mental Violence
Physical and mental violence which includes sexual abuse, verbal and emotional abuse and economical abuse can be considered as cruelty. It can be perpetrated by either of the spouse. The abuse or cruelty can become unbearable for the victim, making it impossible to continue living together as husband and wife, thus leading them to seek legal separation or divorce, which could be one of the valid reason for divorce.
Read Also: How Difficult Is It to Get Divorced in India?
Lack of communication
Effective communication is one of the cornerstone of any successful relationship. However, a lack of communication between husband and wife has become very common in the modern world. The reason could include busy schedules, work culture, both spouse being employed, relying more on virtual communication rather than physical and emotional commination. The inability to convey their feelings, needs and concerns leads to misunderstandings and conflicts, prompting the couple to file for divorce.
Financial Issues
Financial issues one of the major contributing factor for divorce. The reason could include unstable income, differing financial priorities, debts, disagreement over spending habits, dissatisfaction over unable to give financial supports etc. This issues creates tension, stress and resentment leading them to opt for legal separation or divorce.
Family Interference
In India, marriage is also a creation of bond between the spouses’ families, who are often involved in every aspect of the marital relationship, which could be unwelcomed particularly, in the modern lifestyle. Instead of creating harmony, it could lead to or elevate tensions and conflicts between the spouse, ultimately causing the breakdown of marriage.
Read Also: What Is the Difference Between Murder and Attempt to Murder?
Substance Abuse
Addiction to alcohol, drugs or other substances often leads to irresponsible behaviour, financial problems, neglect to financial responsibilities, abusing of spouse or family members etc. creating toxic environment and conflict within the family.
It is essential to address such issues through counselling, support and proper communication. However, when all efforts are failed, divorce may be the only option. As each divorce case is unique in facts and circumstances, legal expertise or lawyer consultation is necessary and advisable.
How the Best Divorce Lawyer Will Help You?
- Understanding the case: A good Divorce Lawyer will help you understand your legal situation including ground for divorce, child custody issues, division of assets/property, potential outcomes, rights and obligations.
- Mutual Solution (If possible): Lawyers helps you to understand the root cause of conflicts, facilitate in negotiation to reach a mutually beneficial agreement. They also encourage and facilitate mediation and mutual divorce when possible.
- Secure Your Rights: Both husbands and wives have several rights protected by law which includes right to inheritance, right to maintenance, assets and custodial rights of the child. Lawyers help you to protect or obtain your rights throughout the legal proceedings.
- Filing a case: Lawyers assist in gathering relevant information and documents, preparing and filing necessary paperwork in the court, serving notice to the opposite party, obtaining legal documentation like financial statements. They also represent the clients in the legal proceedings.
- Defend you case: Lawyers help you in filing defensive pleadings or counterclaims to address any issues raised by the opposing party. They protect clients right by navigating the complicated legal issues.
Read Also: Role of Lawyers in Reporting Domestic Violence in India
Frequently Asked Questions
Can I divorce my wife after 10 years of marriage?
Answer: Yes, you can file a divorce after 10 years of marriage. The grounds for divorce are given various personal laws such as, Hindu Marriage Act 1955, Indian Christian Marriage Act,1872, Special Marriage Act 1954 and others depending upon your religion. Some of the common grounds are adultery, cruelty, conversion to another religion, irretrievable breakdown of marriage etc.
Can I claim marriage jewelry after divorce?
Answer: It depends on several factors. If the jewelry was obtained in the form of stridhan, self-acquired you can claim your jewelry even after divorce.
What is the highest punishment in cases of physical and mental violence?
Answer: The extent of punishment may vary depending upon the severity of the offence, circumstance and discretion of the Court. The maximum punishment for physical and mental violence can range from 1 years to life imprisonment, depending upon the provision under which the offence falls, such as POCSO Act, SC/ST Act, DV Act and IPC/BNS.
