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  • Essay / Divorce Case Study - 2256

    CHAPTER – IINTRODUCTIONDivorce is defined as “the legal dissolution of a marriage by a court or other competent agency”. In India, different laws are applicable to divorce depending on the religion of the person seeking divorce. 1) For Hindus, the applicable law is Section 13 of the Hindu Marriage Act, 1955, which defines the different relevant grounds for divorce.2) For Muslims, the applicable law is the Dissolution of Muslim Marriages Act, 1939. This Act sets out the various grounds on which a decree of divorce can be passed. Furthermore, divorce must be granted according to Sharia law, either under Talak (divorced husband) or Khula (divorced husband). 3) Under Christian law, the law applicable to divorce is Article 21 of the Dissolution of Marriage Act, 1866 and Section 4 of the Indian Divorce Act, 1869. 4) Under the Parsi Act, the laws applicable to divorce are set out in the Parsi Marriage and Divorce Act, 1936. Divorce is the final end of a marriage, removing the legal obligations and duties of marriage and dissolving the responsibilities of marriage between spouses. Divorce is one of the most traumatic events a family can experience. Not so long ago, the term “divorce” was a shameful and taboo word. People have even resisted and endured the anguish of strained relationships to avoid divorce. This is no longer the case. All over the world, divorce within couples is becoming a common phenomenon. Many studies and research have attempted to deliberate on this social event. Most of these studies have attempted to focus on common causes of divorce. The increase in divorce cases influenced the structure of Eastern societies after Western erosion...... middle of paper ...... with the increase in the number of women having a higher economic position. 4. Erosion of Existing Family StructuresDue to the availability of jobs in urban centers, people have left their original homes and settled in these urban centers, which has led to the disintegration of the joint family structure in its various shapes. In India, where the family and private housing system is regular, the power paradigms are more complex than in parts of the world where neolocal housing is the principle. With cohabitation, there are many more decision-makers under one roof, and decision-making powers tend to be more diffuse than one might generally think. Yet, despite the multifaceted quality of action plans related to joint family life, much of the educational and social attributes that allow women to access additional opportunities