Innocent Divorcees: A Socio-Legal Study

Abstract

In India it has been seen high rise in divorces and one party has to suffer when he or she is not at fault then it seems impossible to recover from the situation of bizarre or strange for him or her. The establishment of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each others fault to a certain bearable extent (which differs from person to person) has to be inherent in every marriage. Petty trivial issues objection, trifling differences should not be exaggerated and magnified to destroy, as in India marriages are considered to have been made in heaven. All quarrels must be weighed from that point of view in determining what constitute cruelty in each particular case and invariably keeping in view the physical and mental conditions of the parties, their character and social status. A too sensitive approach would be counter productive to the institution of marriage. The courts do not have to deal with the ideal husbands and ideal wives. It has to deal with the particular man or woman before it. Definition has been excerpted from the page No. 9 of 217 report of Law Commission of India, March 2009.

Keywords: Divorce, Irretrievable Breakdown, Women role for prevailing situation relating to them