From Separation to Settlement: Divorce Laws in India
Introduction Divorce, the legal dissolution of a marriage, is a complex and multifaceted issue within the Indian legal system. The institution of marriage in India is deeply rooted in cultural, religious, and social norms, making divorce a sensitive and often contentious matter. This essay aims to provide a comprehensive analysis of divorce within the Indian legal framework, examining the historical context, relevant laws, judicial interpretations, and the socio-legal implications of divorce in India. Historical Context of Divorce in India The concept of divorce has evolved significantly in India over the centuries. Traditionally, Hindu marriage was considered a sacrament (samskara), an indissoluble union that could not be dissolved. The idea of divorce was virtually non-existent in ancient Hindu law, which placed a strong emphasis on the sanctity and permanence of marriage. However, with the advent of British colonial rule and the subsequent introduction of English legal principles, t...