Purpose Behind The Marriage : Primary purpose of marriage Fellowship, Companionship, Mutual Help and Comfort. One of the purpose of the marriage is to create a stable home in which children can grow and thrice. The best marriage between two believers who can produce godly offspring. After God created the Earth and the Animals, He said ,” Let us Make Man in our image, acc to our likeness, and let them rule over the fish of the sea and over the birds of the sky and over the cattle and over the Earth, and over every creeping thing that creeps on the Earth.” God created Man in his own image , in the images of God he created him male and female he created them.” God’s first purpose for creating man and women are joining them in marriage was mirrors. Marriage is the covenant union of a man and woman for the purpose of committing to each other in companionship, provision of food and shelter, sexual privileges, children and protection.
A wedding in Hindu Religion takes place bride and groom takes ” seven Pheras ” or ” seven Parikarmas ” there 7 ” pheras ” are taken around pious fire, amidst the chanting of vedic mantras.
Similarly in Sikh Religion during a wedding, bride and groom takes 4 ” pheras ” or rounds around 11th Guru ( “Sri Guru Gobind Sahibji ” ) But now a days when females are becoming well educated + Professionally Qualified and are becoming employed and also in this Era in India when we hear too much about Gender equality + Women Empowerment and moreover when women are also aware of their Legal Rights. There is no concept of Divorce in Hindu and Sikhs Religion once a couple gets Married only death can separate them apart.
Concept of ” Talaq ” comes into existence in India after Muslim Rule taken place and concept of divorce come after English Rule took place. Divorce means : The legal dissolution of a marriage by a court or other competent body.
Main Reasons of increasing divorce in India : –
1) Sluggish Sex Life.
2) Misuse of IPC 498-A
3) Women’s becomes financially independent.
4) Interference of parents of the girl in her married life.
5) Marriage against the wishes of man or woman.
7) Mother-in-law and daughter in law conflict.
8) Fun loving generation.
9) Conspiracy against boy and his family.
10) Misconception that second or third marriage would bring more happiness in life.
Why Number of Young Indian couples getting divorced has risen sharply?
These young – couples come to me with different attitude. Different counsellors and Psychotherapist says ” earlier couples would come to me to them to fix the Marriage. But Now, I have those young couples who come to just to convince their family or partner that a divorce is the right decision. Issues such as Dowry demands property disputes and family arguments would lead to application for divorce. Divorce is on rise And they give reasons for their divorce such as : –
– ” He expected me too cook. ”
– It was clear we were not meant for each other.
– He had very different expectations of a wife.
– I suspect he was guy.
– He changed after the wedding.
There are a huge number of reasons people get divorces.
– Money – Addiction – Weight Gain – Extra marital affairs – Lack of communication – Unhappiness – Age – Parenting style differences – Incompatibility – Abuse.
Marriage sometimes breakup because of people have an unclear idea of what Marriage is, why it exists, and why it requires such commitment. Man marry based on feeling was little though to the nature of the institution. The Hindu Marriage Act, 1955 the Hindu marriage act is an act of the parliament of India enacted in 1955, Three important acts were also enacted as a part of the Hindu Code Bills during this time. The Hindu Succession Act, 1956. The Hindu Minority and Guardianship Act, 1956. The Hindu Adoptions and Maintenance Act, 1956. Sec 13 Of the Hindu MarriageAct,1955 says that any marriage solemnized, whether before or after the commencement of the Hindu Marriage Act, may be dissolved by a decree of divorce, by either the husband or the wife presenting the petition on the following grounds :-
1) Firstly voluntary sexual intercourse with any person other than his or her spouse.
1a) Secondly has treated the petitioner with cruelty after marriage, or
1b) Thirdly, has deserted the petitioner for a continuous period of not less than two years immediately precluding the presentation of the petition; or
2) Fourthly, has changed his religion and has ceased to be Hindu by conversation to another religion; or
3) Fifthly has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
4) Sixthly has been suffering from a virulent and incurable form of leprosy.
5) Seventhly has been suffering from venereal disease in a communicable form.
6) Eighthly has renounced the world by entering any religious order.
7) Ninthly has not been heard of as being alive for a period of 7 years or more by those persons who would naturally have heard of it, had that party been alive.
What is Divorce Mediation ?
In Mediation, you and your spouse meet with a neutral third party, (mediator)works out agreements on the above issues. Sometimes agreements come easy, sometimes they take time and a lot of work. It is the Mediators job to keep the lines of communication open, brainstorm ideas, reality, test the couple and assist the couple in their decision making process. Mediation is voluntary. Mediation can be conducted weekly, every two weeks, monthly or however often the couple wants them to be. When couples try to work out the issues on their own and it leads to arguments and ” drawing lines in the sand”, it makes mediation more difficult and time consuming.
Conclusion : –
It is hardly debatable that many of society’s ills can be traced to the continuing high rates of Marital distress and divorce, while divorce rates have fallen from that the all time high in 1979, Couples marrying for the first time today still have a 40-50 percent chances of divorce, Further, the links between poorly handled Marital Conflict and adverse Psychological out comes of Marital Conflict and adverse Psychological outcomes of Marital conflict, there are increasingly clear sociological effects of family fragmentation, including increased Poverty, Crime, Alienation, between parents and childrens.
Neha Khatri (Advocate)
(DELHI HIGH COURT)
Master of Law (LL.M.)
UNIVERSITY OF PETROLEUM AND ENERGY