I have elaborated the matter in my blog article: Why don’t Indian women divorce? Their divorce rate is, therefore, much less than 1% in India as compared to above 50% in most Western countries. Divorce is never appreciated in … To salvage the situation, Hindu priests then created the concept of Kanyadaan wherein they said that giving the daughter away was one of the highest honours as it too absolves the parents of sin. You will seldom see divorce. Consultant (tech hiring/interviewing), Author (Cracking the * Interview), Coder Think about this – Cuba & Belarus rank at the top in divorce rates. If we have to understand the problems and issues concerning Hindu marriages and divorce, we have to understand the concepts and the beliefs that are attached to them. Living together is another interesting factor that strongly correlates with divorce (as the partners don’t take marriage that seriously even after wedding). Love or arranged you have to work at it. The procedure for divorce in India for Hindusis a long process, and somewhat tedious, given the numerous loop holes in th… I have a theory. 1. In the past, there was no concept of legal divorce in Hindu society or legal custody. The Naradasmriti dharmashastra (XII 97), a Hindu law book, states: "When her husband is lost, or dead, becomes an ascetic, is impotent, or is expelled from caste, in these five conditions, a … While we are repeatedly told of demure Hindu housewives submitting to their husbands as per Manusmriti, a trope repeated by pro-religion and anti-religion lobbies, few point to the stories in the Puranas where Goddesses get angry with their husbands and leave their homes, until their husbands appease them and beg them to come back. Women were bought and sold, abducted, forcibly married and forced into slavery or prostitution. Change ), You are commenting using your Google account. Divorce rules for Women: In ancient times, women in Hindu society had limited freedom. In consumer societies, most people–even those of us who aren’t big consumers–have way way more than we need. Only option is mutual consent divorce or annulment of marriage. In general, having a steady job in a stable sector is a good insurance against divorce. We are of the believe that your success is our success. Many of us don’t know what we want and it is not surprising that a relationship for life breaks down at some point. Another major teaching, is that if cruelty is present in any relationship, the couple may divorce but only if the other partner is too upset or harmed in any way frequently. It was designed to last lifetime and endures the ups and downs of married life. Hinduism does not favor divorces in the modern sense. 2. Millions of divorces in West are attributed to differences of opinion in having a baby. 2. ( Log Out /  Why? Divorce rarely happens but is not forbidden. The Hindu marriage rite — sapta padi – where the couple takes seven steps to share seven worldly gifts is seen as an indissoluble bond. We must keep in mind that Hinduism is an umbrella term and cannot be restricted only to “upper” castes. Can we call this divorce? If marriages are solemnized with validity below Muslim law, then a husband and woman each are liberated to offer divorce to every different. It can be dissolved only by a decree of divorce granted under the Act. Love marriages are on the increase, but there is still a lot of skepticism about them. Divorce was considered to be the last option to be adopted only in exceptional situations. All this reveals dynamism and diversity in matters of marriage. In India, divorceis still a taboo and is looked upon as a social stigma especially for women who take the step for divorce. When people are psychologically converted from being human beings, members of families, members of communities to being consumers, first and foremost, it’s great for profits, but it’s really bad for society. Marriages by themselves don’t work / or work. Can we take these verses to suggest that divorce was allowed in Hinduism at some point of time? Hindu law books do not ignore the rights of illegitimate children. Nor do they have to explain to the ‘public’ why they’re filing a divorce. Hindu spouse cannot have a right over the self-acquired or ancestral property of the husband or wife in case of divorce. 213w ago Is this the mandate our heroes and heroines left for us? 12w ago Most often they are egalitarian and women’s rights are in better shape. Countries in which divorces are a taboo, people don’t divorce. Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. It was only after independence of India that the law for divorce was introduced in Hinduism in 1954. You cannot serve God and money.” (Matthew 6:24). Let’s get along… At PSTEPgroup Consulting, our principal aim is to help you succeed in your life goals. Since marriage is not based on consent, the idea of divorce also makes no sense. These stories speak of the power and agency of female characters often denied to modern Hindu women, as everyone is cherry-picking stories that fit the self-serving patriarchal framework. The landmark Hindu Code Bill passed in the parliament in the mid-1950s gave women property rights, outlawed polygamy and allowed partners to file for divorce. People often reference the United States’ 50% divorce rate statistic (usually when trying to make the case that it’s a symptom of some broader affliction in American society), although the statistic is often misinterpreted. A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age. Dissolution of Muslim Marriage Act, 1939 for Muslims, The Divorce Act, 1869 for Christians. In the story of Ahalya, Gautama curses that his wife turn into stone. Divorce on the ground of desertion under The Hindu Marriage Act 1955; Divorce order; Divorce Order India. It’s their personal life. The marketing hammers at them, never letting up for a moment to give them the time to think about what’s going on. The situation of women of other Asian countries is not any better either. The Hindu marriage rite — sapta padi – where the couple takes seven steps to share seven worldly gifts is seen as an indissoluble bond. During marriage a couple vow to stay together for ever and uphold traditional family values in accordance with Dharma. “Indian marriages work because they are arranged by your parents who have seen the world more than you.” The actual statistic is that 50% of all marriages (as opposed to Americans) will end in divorce [I have no idea whether that percentage is based on solid evidence/assumptions]. When economies stop growing, a lot of marriages on the edge gets pushed over the cliff. West is highly urbanized compared to the east. What they mean is, two people yolked together by marriage at a certain time in their lives… This is why even though Pandu’s biological father is Vyasa, he is identified as the son of Vichitravirya. These problems are more acute in the rural areas compared to the urban areas and metropolitan cities. Is Cuba freer than Singapore? If one of the couples is not interested in babies, divorce rates shoots up. The bride is given to the bridegroom a… When things do not work out, one physically separates, but is bound in spirit. Religion affects divorce in various ways. Well, because of people like Elizabeth Taylor, who was married eight times to seven different men. The Hindu Marriage Act is based on the fault theory in which any one of the aggrieved spouses (Section 13(1)) can approac… As people get older, sex becomes less engaging and cracks form as the relationship has a weaker foundation to cover the weakness in sex. Gauri leaves Kailasa and Shiva has to work hard to bring her back. These are seen as “inferior” practices of primitive tribes and not suitable for “upper” castes. The second marriage will be void ab initio if the man is already married. 104w ago For the interest of the society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law. A comment like this just pours salt on the wound. Women, therefore, do not dare divorce even marriages do not work for them. Hindu Marriage bases its grounds of divorce on the fault theory and section 13(1), 13(2) states grounds of divorce and after amendment section 13(B) was added which states Mutual consent as a ground for divorce. As a matter of fact, most Western people don’t even feel the need to get married as they have no logical reason to bind each other for life. In Dwarka, Rukmini stands separate from Krishna. Where are your troths to us? Marriage is a sacrament, sanctified in the presence of gods. It’s a samskara, or rite of passage. This includes the classification by genre analysis of structure and judgment of value.” It means…..the art of judging and defining the […], You’re an invader; you invaded into our country And made away with our premium cultures In peace we are before your arrival British frontiers as your rivals Our education was hard work, respect, obedient, humility and love You demolished all these and brought argy-bargy, Fighting and killing each other, disrespect and bombs blast is […], Is this what you dreamt? Neither the man nor the woman is asked if he/she wants to marry, even though in the Puranas we hear of love marriage (gandharva vivah) and swayamvara (self-choice ceremony). Singapore close to the bottom [1]. The bride is given to the bridegroom a… ( Log Out /  In fact, Western countries are seeing a massive growth in divorce among the rural, uneducated populace, where unemployment is rapidly rising [4]. 2) Do not make the mistake of marrying overseas or in India without obtaining a decree of divorce. As the bread winner of the family, he had a lot o… No matter the cause, divorce almost always feels, on some level, like a failure. Going shopping is considered by many to be a form of therapy! The patriarchal Hindu society began to thus revere boys and condemn daughters. In orthodox countries, divorce is still a taboo. Divorce is never appreciated in religion, even if allowed. “If two people are together, then the marriage is working”. It makes me defensive. India is probably the worst nation for women among industrialist countries. Urbanization In some religion like Hinduism, there had been no provision of divorce at all. What a country! Bigamy is prohibited in India . In Hinduism, marriage is not a contract. Many a times, Hindu women in India resort to suicide or compromise in their marital life rather than opting divorce. I think it’s just part of living in a consumer culture where we’re always buying something new, renovating our homes, and remaking ourselves. MENTAL CRUELTY AS A GROUND FOR DIVORCE UNDER HINDU MARRIAGE ACT 1955 [highlight] By Sudhanshu Pathania, Student, The Law School, University of Jammu[/highlight]. Or a pedicure. Legal Systems Grounds for Divorce are as follows: 1. Nor do they have to explain to the ‘public’ why they’re filing a divorce. Gayle Laakmann McDowell quora.com May 14, 2018 9:49 PM, Boko Haram held Jonathan back punchng.com May 16, 2018 12:52 AM, How to Survive Criticism to Take Your Manuscript to the Next Level — Susie Lindau’s Wild Ride. A marriage has to adapt to all of this to be healthy. We aren’t conditioned to be satisfied with anything, unless we consciously choose to opt out of the consumer culture. Insights change. All civil and inter-community marriages are governed by the Special Marriage Act, 1956. Or a new car. It must be kept in mind that “consent” does not play a role in Hindu marriage. The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955. The biggest illusions in which people in India live are –. There was nothing like the modern concept of a divorce or a legal separation in Hindu society. The only reason an Indian husband should file divorce is if he is convinced that handling multiple cases like his own filed divorce case, maintenance (HMA 24) filed by wife; and most likely other cases like DV Act, IPC 498a/406 filed by wife — will be much better than living in uncertainty and torture of wife. But these notions of a bond over several lifetimes are poetic and theoretical. Once married, a couple are wedded for life. No, definitely not. View more posts. The wholesome effect of S 11 Hindu Marriage Act and S 17 Hindu Marriage is such that the fact that a marriage is void for reason that the person has married during the lifetime of his or her spouse, then they are punishable under s 494 and 495, IPC, for bigamy. It is a well known saying that marriages are made in heaven but when they turn into hell, parties seek a decree for divorce. According to Hinduism, suffering is an inescapable and integral part of life. They give divorce once they get bored of each other or find a better partner for themselves. And so in the 21st century, Hinduism is equipped to accommodate notions of separation and divorce. Western nations in general have more smoother legal systems when it comes to divorce. Neither men nor women could divorce. ( Log Out /  As a matter of fact, the marriages are supposed to last for seven lives. New Orleanian. The entire procedure of divorce in India starts begins with the divorce petition which is filled by the parties associated with the divorce process and notice of the same is served to the other one. Divorce means Dissolution of Marriage. In the epic of Nala and Damayanti, when Nala goes missing, Damayanti’s father organises a swayamvara so that she can find a new husband. Beyond that, religion can also work in positive ways [7]. Divorce is a modern practice introduced into Hindu society through the Hindu Marriage Act in India. Even when they get married, they don’t feel under any obligation to live with each other for life. What is divorce by mutual consent? Traditionally speaking, in Hinduism there is no concept of divorce. Bhagavata Purana tells us how Kardama marries Devahuti but abandons her after she bears him a son, Kapila. If things still don’t seem to work out, they proceed to … We must keep in mind that rules of marriage in Hinduism have changed over the centuries. No. Their material prosperity has expedited their separation from God as predicted by Jesus Christ thousands of years ago: “No man can serve two masters: for either he will hate the one, and love the other; or else. The Hindu Marriage Act, 1955 gives the right to dissolve the marriage if you or your spouses are facing difficulties in marriage. If we have to understand the problems and issues concerning Hindu marriages and divorce, we have to understand the concepts and the beliefs that are attached to them. However, democratic principles of religion allow a man and a woman who are married to pursue divorce in the event that they can never live as one. Published on 1st September, 2017, on www.dailyo.in . However, as soon as you had your fill, you don’t even wish to look at the food. Their life after a divorce is perceived as worse by them. Drunk on Rumi’s love for Shams… Hinduism has adapted to suit various requirements over history and geography and across communities. All marriages involve making decisions with incomplete information. There’s no official statement from Tina ma’am or Athar sir. Divorce rate is not a benchmark to check healthy and good marriages. Again, US ranks at the top of the West as it is a much more litigious society than most. It helps you live a full life. CEO of Invento Robotics. As the bread winner of the family, he had a lot o… In Vaishnava temples, Lakshmi stands independent of the shape-shifting Vishnu, while in Shiva temples, Shakti embraces Shiva firmly despite a tempestuous marriage. As per this Act he will not get divorce so easily. Peter Cook It was only after independence of India that the law for divorce was introduced in Hinduism in 1954. Many a times, Hindu women in India resort to suicide or compromise in their marital life rather than opting divorce. It doesn’t by itself give them great relationship skills. He would rather be an ascetic. Christine Mank Divorce Petition can not be dismissed on basis of mistake in petition; Divorce petition u/s 13(1)(ia) of Hindu marriage Act; divorce u/s 13 (1)(a) of hindu marriage act 1955. divorce under christian marriage. The purpose of religious practice and various schools of Hinduism is to resolve human suffering that arises from samsara, which in a specific sense means the cycle of births and deaths and in a general sense, transient life. Divorce goes up when you treat women as people, not property. If the criticism hits my soft capuchin belly pie, it feels as if I am bare ass naked on stage, my flaws exposed to the world. That means, when a marriage is canceled by the authorized body of law and made public (i.e. The entire procedure of divorce in India starts begins with the divorce petition which is filled by the parties associated with the divorce process and notice of the same is served to the other one. Divorce is permitted only for a grave reason otherwise given other alternative. Many divorces happens when the couple are left to fend for themselves without proper guidance & counseling. Love marriages within the same caste and financial background are favored, compared to inter-caste and inter-religious marriages. If everything else is equal, people who share a spiritual bond are less likely to divorce. In the Hindu Marriage Act, there are some provisions given regarding a valid divorce, i.e. Marriage is not for one life but several lives, and it is not just between two people but two souls. © 2020 Devdutt Pattanaik, All Rights Reserved. It can be dissolved only by a decree of divorce granted under the Act. It is instead that countries that practice arranged marriages also stigmatize divorce, don’t recognize women’s right to agency and self-determinism, treat women badly, and tend to be shockingly okay with abusive and/or dysfunctional relationships. They have limited right to complain against their husbands’ infidelity. Marriage is not for one life but several lives, and it is not just between two people but two souls. Women were bought and sold, abducted, forcibly married and forced into slavery or prostitution. The reasons range from longer commute [5] to information flow (more knowledge of divorce) and poorer support systems. Unlike women in Asian countries, women in western nations are not financially dependant on their husbands. They can quickly file divorce case if their sexual freedom is violated. Social support Thus, the grounds on which a Hindu woman can seek divorce and alimony may not be the same for every community. Now, I’m going to have nightmares… BUT, if you’re in the business of creating a […], Originally posted on Emmanuel E. Odo's Blog Site: The 9th step will elevate and fire up your spirit. The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955. You need to prepared for any other cases she may file as a counterblast. In short, all marriages are bound to suck without an adequate foundation of compromise and support. Indeed, the idea of legal separation is foreign to Hindu culture. The Hindu Marriage Act is based on the fault theory in which any one of the aggrieved spouses (Section 13(1)) can approac… I’m convinced that this is because neither of us are big consumers. Indeed, the idea of legal separation is foreign to Hindu culture. He is obliged to father a child so as to repay his debt to his ancestors. 2) Do not make the mistake of marrying overseas or in India without obtaining a decree of divorce. 15w ago. But, there is no codified law of divorce in Hindu personal law, unlike Muslim law or Christian law. Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. 10 Highest Divorce Rates In The WORLD Divorce is a legal procedure whereby the married couple decides to separate and break all the vows that were taken during the sacred ceremony of a marriage. However, literature and fiction have made the feeling of love divine, eternal and even god. Firstly, like I said, just because two people haven’t divorced doesn’t mean their marriage is great. Three other important acts were also enacted as 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). Hindu attitudes towards divorce vary. The procedure for divorce in India for Hindusis a long process, and somewhat tedious, given the numerous loop holes in th… when the spouse can get divorce or appeal for dissolution of marriage in the court of law. Thus, this factor is neutralized. In many cultures, marriage is a contract. Except Haryana and Andhra Pradesh, Muslim women show much greater divorce rates than Hindu women, with the greatest number in Bihar, Uttar Pradesh, Rajasthan, Jharkhand and Madhya Pradesh. Couples who dare cross the social conventions have to cope with a lot of social pressure within their families and outside. In fact, the only developed nation in the top 10 divorce rate is the US [3]. Divorce, also known as dissolution of marriage, is the termination of a marital union between a married couple under the rule of law of the particular country or state. The Hindu Marriage Act, 1955 gives the right to dissolve the marriage if you or your spouses are facing difficulties in marriage. Other cultural factors Especially, women cannot seek separation from their husbands. Especially, women cannot seek separation from their husbands. It must be kept in mind that “consent” does not play a role in Hindu marriage. when the spouse can get divorce or appeal for dissolution of marriage in the court of law. In Hindu culture, there might be so many examples of polygamy (a man who has more than one wife), and polyandry (a woman who has more than one husband), since Hindu Dharma holds the fact that: A Brahman can have three wives, a Kshatriya can take two wives and the Vaishya can go only with one wife in the life journey. A new house will make them like their lives more. Atharva Veda describes the marriage of a woman called Surya to two gods, the Ashvins. Here are the top factors that reduce the divorce in the US. Divorce in Hinduism comes with stigma that can be very difficult to escape. Is that because Nala is described as Nishadha, or of tribal origin? Often time it also involves external factors (parents, children, society) with their own +/-. But these notions of a bond over several lifetimes are poetic and theoretical. Once Rare in Rural America, Divorce Is Changing the Face of Its Families The only reason an Indian husband should file divorce is if he is convinced that handling multiple cases like his own filed divorce case, maintenance (HMA 24) filed by wife; and most likely other cases like DV Act, IPC 498a/406 filed by wife — will be much better than living in uncertainty and torture of wife. In the Hindu Marriage Act, there are some provisions given regarding a valid divorce, i.e. If everything else is equal, urban localities will have more divorce. Divorce is a legal procedure whereby the married couple decides to separate and break all the vows that were taken during the sacred ceremony of a marriage. Russia and Eastern Europe have way higher divorce ratios than New Zealand, Australia, Japan and Netherlands. There’s no official statement from Tina ma’am or Athar sir. This reduces the support systems. Everything is upsidedown You have enough good roads; There people die untimely. For those few of us who, for whatever reason, are immune to it, it’s mind-boggling to watch it happening to everyone all around us. Divorce rules for Women: In ancient times, women in Hindu society had limited freedom. (Luke 16: 18), However, the Western world has gradually become almost atheist as they have lost faith in religions and Scriptures. If you go to a society where there is strong social stigma against divorce; women have few opportunities, and those women who try to make it on their own face resistance or even violence; and there is a strong feeling that relationships should never ever end even if one person in the relationship is beating the other bloody, then guess what? There was nothing like the modern concept of a divorce or a legal separation in Hindu society. Thus, Urvashi leaves Pururava and Ganga leaves Shantanu. Women in Western countries have sexual freedom. Western societies tend to believe that abusive relationships should end. Three other important acts were also enacted as 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). To salvage the situation, Hindu priests then created the concept of Kanyadaan wherein they said that giving the daughter away was one of the highest honours as it too absolves the parents of sin. Hindu spouse cannot have a right over the self-acquired or ancestral property of the husband or wife in case of divorce. The social pressure has caused women very vulnerable. These rules were primarily meant for “upper” castes, and not for all. Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a … Change ), You are commenting using your Twitter account. Or boat. Muc… So, while it may be true that 50% of all marriages end in divorce, the average American doesn’t have a 50% chance of getting divorced at some point in their lives. if love marriage & unhappy -> divorce MENTAL CRUELTY AS A GROUND FOR DIVORCE UNDER HINDU MARRIAGE ACT 1955 [highlight] By Sudhanshu Pathania, Student, The Law School, University of Jammu[/highlight]. And we’ll have the same furniture probably too. Bad sex is one of the main reasons for divorce in Western countries. Marriage is a sacrament, sanctified in the presence of gods. Women in Asian countries, women, cannot freely express their sexuality. Consumers are very much people who believe that something external is going to make everything better. It is just a statistic of how many people took a legal action. Divorce, however, is not seen between the God and his consort. Divorce rarely happens but is not forbidden. Although Israel is highly urbanized & educated, its divorce rates are very low as it has a stronger social support system. It’s their personal life. Like to write about relationship and sexuality 213w ago (And I should note that when I say “consumers,” I do realize that we all have to consume to live. quora.com May 14, 2018 9:49 PM, Awdhesh Singh Maybe one partner works too much, trying to get more money to buy more and more, and the relationship falters. Grounds For Divorce. Hindus believe that it is through marriage that spouses are able to pursue dharma (duty), artha (possessions), kama (physical desires) and moksa (ultimate spiritual release). 5. Personally, in my life, I have seen very few healthy marriages. He also allowed women who had impotent partners to bear children by other men, a practice known as niyoga. Love or arranged is a lame debate that I won’t even enter into. Is Russia somehow more egalitarian than the Netherlands or New Zealand? In Pandharpur, Satyabhama stands in a shrine separate from Krishna. Thus these stories reveal shifting values over time. Belarus: The Land of Broken Marriages Franklin Veaux As a matter of fact, the marriages are supposed to last for seven lives. Religion Their faith in this institution take care of their temporary anger, disgust and indifference for each other. In Hindu culture, there might be so many examples of polygamy (a man who has more than one wife), and polyandry (a woman who has more than one husband), since Hindu Dharma holds the fact that: A Brahman can have three wives, a Kshatriya can take two wives and the Vaishya can go only with one wife in the life journey. A times, women, therefore, do not work for them considered be. 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