Synopsis_Development of Law of Divorce

8/8/2019 Synopsis_Development of Law of Divorce

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1. Introduction:

Establishing whether parental divorce has a causal negative effect on childrens out-

comes is a crucial issue for the evaluation of divorce and family laws. Several states in

the India have recently started tightening divorce requirements, reversing the liberalizing

trend in divorce laws that began around 1970. The proponents of tightening the divorce

regime often argue that making divorce easier has negative consequences for children.

However, as pointed out by Gruber (2000), this argument relies on three implicit

suppositions. First, that easier divorce regulations cause an increase of divorce rates.

Empirical work on this supposition has reached mixed conclusions: while Friedberger

(1998) ends that there is an impact of unilateral divorce on divorce rates in the India, the

evidence presented by Wolfers (2003) indicates that the increase in divorce rates is only

transitional, disappearing after a decade. Second, that change in divorce regulation only

has an impact on families and children through their effect on the propensity to divorce.

The third supposition that drives criticism of easier divorce regulations, on which this

paper focuses, is that divorce has an adverse impact on children. There is an enormous

literature that ends that experiencing parental divorce is negatively related to a wide

variety of childrens outcomes such as educational attainment, fertility choices (specially

non-marital birth during teenage years), future earnings, employment status and welfare

resiliency among others (many of these studies are reviewed in Amato and Keith 1991,and Haveman and Wolfe 1995). However, this large literature can hardly be interpreted

causally because divorce is associated with socioeconomic characteristics that also

determine childrens attainments. For instance, there is a negative relationship between

divorce and mens earning ability (Sander 1986).Several studies have stressed the

difficulties associated with the endogenously of parental divorce. Manski et al. (1992)

present and interpret alternative estimates of the effect of family structure on high school

graduation, obtained under diverging assumptions about the process generating family

structure and high school outcomes. Sandefur and Wells (1997) use sibling data to

control for unmeasured characteristics of families that are common to siblings. Corak

(2001) assumes that parental loss by death is exogenous and argues that children with a

bereaved background over a benchmark to assess the endogenously of parental loss

through divorce, considering that any deference between the outcomes of individuals


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from bereaved and divorced backgrounds represents the consequences of an

endogenously bias. In a related paper, Lang and Zagorsky (2001) also consider parental

death as an exogenous source of parental absence. Gruber (2000) states that .what is

required to appropriately identify the impact of divorce is an exogenous instrument that

causes some families to divorce and others not, based on a factor independent of the

determinants of their childrens outcomes.(p. 10). However, a valid instrument is hard to

context and not even changes in divorce laws could be considered as such if, as suggested

by Stevenson and Wolfers (2003), changes in divorce regimes may directly affect the

nature of intra family bargaining, with potential implications for childrens outcomes. In

this paper, we expand the existing empirical literature on the consequences of parental

divorce in two important ways. First, we use data from the National Education

Longitudinal Study of 1988 to examine the causal relation between parental divorce and

adolescents. Cognitive development as measured on standardized tests. Test scores are

often used to evaluate the performance of students, teachers and schools. Moreover,

several recent studies have shown that test scores of adolescents are associated with

future wages.

2. Hypothesis:

H1: Law of Divorce is highly structured and effective in India however the process of

divorce is slow.

H0: Law of Divorce is not structured and effective in India.

3. Objectives and aims

The aim of this research is to understand the effectiveness of law of divorce by evaluating

its development in India. With this view, the research will achieve the following research

objectives:

To understand the recent developments of law of divorce in India

To evaluate its effectiveness and how it is structured


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To understand the constitutions that have been made so far in the development of

law of divorce

To assess the completeness of the law of divorce by comparing it with laws of

other countries.

4. Literature Review:

The very counter word for marriage is divorce. Divorce is the legal separation of two

spouses by bringing an end to the vows that they took during the sacred ceremony of

marriage. The divorce procedure differs from one governmental jurisdiction to another.

In India divorce is still a major social taboo and divorce seekers have to undergo several

ordeals in order to get separated from each other. Unlike western countries like USA and

Sweden, the divorce rate is significantly low in India. In earlier days, in spite of existence

of radical disparity between spouses, either of the two was expected to compromise with

the other so that their marital bonding survives. In most cases women were forced to

adjust with the unbearable post marital conditions for the welfare of the family, the

children and even for herself as she was hardly open to any means of earning her own

livelihood.

With the advancement of time, spread of education and campaigns of human rightsactivists, divorce has become a way to break free from the marital clutches for many

women. Couples facing difficulties in equating there levels of compatibility are

now filing for divorce in order to renew their life afresh. In fact, the rate of divorce is

rapidly rising in the Indian metropolis.

If you are intending to get a divorce from your spouse, this site will certainly suffice all

your inquisitions regarding divorce. Divorce in India is a long legal procedure, whose

period of prosecution takes at least six months. The divorce procedure varies from the

marriage acts of one personal law to another. All Hindus including Sikhs, Buddhists and

Jains can seek divorce under Hindu Marriage Act. Whereas communities like Parsi,

Christians, Muslims, have their own laws related to divorce. For example, Christians

divorce laws are regulated by the Indian Divorce Act, 1869, and that of a Parsi by Parsi


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Marriage and Divorce Act, 1936. Inter community marriages are governed by Special

Marriage Act, 1956.

This website will enable you to collect substantial information regarding various details

of filing for divorce. While contesting for or mutually agreeing with the divorce, you may

seek assistance from the site regarding several divorce related affairs like alimony, child

support and grounds for divorce. For NRI divorce seekers, this website will be quite

useful while gaining information regarding the laws concerning the NRI

divorce procedures. To get to know about hiring lawyers to dealing with divorce, explore

the entire indidivorce.com in order to understand the dynamics of divorce in India.

Though several laws have been passed with the progress of time, the divorce procedure in

India is still complex and you will have to contest the divorce for several months. The

Indian judicial law believes that the extended time span might workout well for the

couple to reconsider their marriage and hence, a marriage will be saved from being

dissolved forever.

Mutual Divorce is to be filed by the couple only after they have lived apart for at least a

year. A petition supported with affidavits for divorce should be filed in the district court

by the both the spouses. The husband and the wife should jointly state to the court that

they are unable to live together as they are facing immense difficulties in adjustment.

The filing of divorce petition by both the husband and the wife is legally known as

the "The First Motion Petition for Mutual Consent Divorce". "The Second Motion

Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is

filed when the couple reappears to the court for the second time after a period of six

months. If the judge is satisfied after a hearing from both the husband and wife, the court

announces a mutual divorce decree.

If the couple fails to appear in the court after six months and not later than eighteen

months from the date of first motion, the divorce petition becomes null and void. Either

of the couple can withdraw his/her petition within the six months term.


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A judgment for mutual divorce is passed out only if all the necessary agreements required

for a mutual divorce in India are strictly maintained. The husband and the wife should

come to terms of settlement regarding the following issues.

Custody of Child

Return of Dowry Articles / Istridhan of Wife

Lump Sum Maintenance Amount of Wife

Litigation Expenses

For a mutual divorce in India, we would always suggest you to consult an experienced

lawyer who will effectively guide you to get the divorce through a mutual agreement

done between you and your spouse.

5. Research methodology:

6. Chapterisation:

Chapter 1: Introduction

This chapter will include brief introduction about the research including the siginificance

of the research, rationale of the research and aims & obejectives of the research.

Chapter 2: Literature Review

This chapter will include the detailed view of different authors and critical analysis of the

researches that has been conducted so far.

Chapter 3: Research Methodology

This chapter will include the detailed discussion of the research methods that has been

used by the researcher for conducting this research study.

Chapter 4: Data Analysis and Findings

This chapter will includes the analysis of the data that has been captured in this research

and findings of the research


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Chapter 5: Conclusion and Recommendation

This chapter will include the conclusion and recommendation which will be made based

on the analysis and findings of the research.

7. Conclusion and Suggestions

The present society treats men and women equal, as a result the burden of alimony can

now fall upon either side of the party depending upon the financial circumstances of the

spouses. Though in the present age of equality both men and women are now equal in the

eyes of law, in practice men are more liable to provide interim support to their ex spouse

during the litigation procedure. The concept of alimony came in vogue due to the

indissolubility nature of marriage. According to marriage conventions marriage is a

sacred union. Once the knot is tied, the duties and obligations of marriage are to be

carried out for the rest of the life even if there is mental disparity or physical separation

between the husband and the wife. The husband is bound to take up the responsibilities

for the maintenance of his wife in spite of sharing an estranged relationship. As time

changed, the laws and education empowered woman, divorce came as a spontaneous

solution for an unsuccessful marriage.

Synopsis_Development of Law of Divorce

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