Judicial Separation of Marriage- An article by mary mj and dr. shivappa r

Judicial Separation of Marriage- An article by mary mj and dr. shivappa r

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  INDIAN JOURNAL OFAPPLIED RESEARCH X 171 Volume : 2 | Issue : 3 | December 2012 | ISSN - 2249-555XResearch Paper Social Science Judicial Dissolution of Marriage - A Study Mary M.J Dr.Shivappa.R. Lecturer, Department of P.G Studies & Research in Social Work, S.D.M College, Ujire, Belthangady Taluk, Karnataka, India. Associate Professor, Department of Studies in Social Work, University of Mysore, Karnataka, India. ABSTRACT Families today are being challenged with numerous changes and problems. Without a doubt, divorce rates are high today. These high divorce rates may be used to support the conclusion that marriages may be worse off today than at any point in their history. It is possible that divorce is more common today because distressed married couples have access to better alternatives than they did in the past, and because the costs of terminating a distressed marriage are fewer today. This article has been prepared based on the descriptive/diagnostic study which investigates the Judicial Dissolution of Marriage i.e. Divorce. The researches aimed at finding the causes for the divorce, the psychological condition of the respondents, study the post divorce life of the respondents and suggest social work intervention for better adjustment of couples & divorced persons. The sample size consisted of 250 divorcees from five taluks using Stratified Random Sampling method. The result shows that there is a greater need for marital and familial counseling, which should include Sociologists, psychiatrists, and social workers, doctors and religious leaders. Courts as well as other agencies must make better and greater efforts for reconciliation. In other words, holistic approach is needed both by the government and society. Keywords Marriage, Divorce, Judicial dissolution, Social Work Intervention INTRODUCTION Marriage and family are ancient institutions and around them have grown up deep and powerful sentiments and traditions. Family is the institution which forms the basis of every other institution on the face of the earth. This important institution is formed on another institution, namely, marriage. In most societies marriage is considered as a permanent union. We come across many passages to support the view that mar- riage is union made by God himself and hence none should break it. In the Holy Bible it is written: Man must not sepa- rate what God has joined together. In Hindu text is, still more intense view is expressed. For a Hindu, marriage is a sacra- ment and hence unbreakable. It is a union not only for this birth, but for all the births to come; in other words, immortal, interminable, eternal. In spite of all these data and slogans supporting the indissolubility of marriage, there are factors, internal as well as external, working to undermine the stabil- ity of marital ties. Such a situation is termed as marital malad- justment or disharmony, which may be manifested in various forms, divorce being the final. Divorce ‘represents the end of the hopes that two people had for each other; it is the certificate that their relationship failed’. The concept of divorce may be understood as different from such terms as (a) separation, (b) desertion, (c) annulment. Divorce is a way of dissolving a legal marriage that permits the partners to remarry if they choose. Divorce involves the recog- nition that marriage has irreparably failed and that at least one of the partners has no desire to continue the marital relation- ship. Total dissolution of the bonds of a valid marriage is what is now generally meant by divorce (Krishan Arora, 2006) The estimated national figure for divorce in India is as high as 6 to 7 percent. However, there are no exact figures available for the number of divorces as many are handled locally and are registered differently by the various states. Some studies have indicated that in the small towns, semi-urban areas and cities, the number of divorces is definitely increasing.  Numbers in divorce petitions being filed by young couples at family courts have grown significantly, especially by women (Sethi, 1989) Methodology: A total of 250 respondents were selected from the five Taluks of Dakshina Kannada District, Karnataka through Stratified Random Sampling technique. A descriptive and di- agnostic design was used in the study. A 125 item interview schedule was prepared, pretested and used for data collection. The respondents were explained the purpose of the study and ensured of confidentiality. The data collected was coded, tabu- lated and analyzed using SPSS and statistically tested. Results and Discussion  The socio-demographic data showed that 70% of the re- spondents were between the age group of 30-39 years. However, when we see separately the data of male & fe- male divorcees highest frequency (36.8%) of the female respondents fall under the age group of 30-34 years and highest frequency (53.6%) of the male respondents fall under the age group of 35-39 years.  Vast majority of the respondents were having more than secondary education. Out of it 3.2% of the male and 7.2% of the female were postgraduates. Female respondents were better educated than male.  42% of the respondents were private employees. How- ever, when we see separately highest frequency 39% of the male respondents were self employed and 46% of the female respondents were private employees.  Highest percentages of the respondents were from mid- dle class families. As majority of the population in Dakshina Kannada belong to Hindu religion, majority (68%) of the re- spondents were from Hindu religion and among that highest frequency of respondents belonged to Gowda Community.  Majority of the respondents belonged to rural commu- nity. Highest percentage (54%) were from rural families. When we see separately 83% of the female respondents were from nuclear families and 73% of the male respond- ents from Joint families.  In majority (92%) of the cases marriage was performed as per religious rights.  The study result shows that the major cause of divorce is Unwillingness to compromise. There were 194(77.6%) respondents who felt this way. Second in importance was not satisfied with each other 135(54%) respond- ents. This was reacted to by poor communication of the spouses 131(52.4%), Quarrelsome disposition of spouses 119(47.6%), Ego between partners 95(38%), Interference by third parties 91(36.4%) respondents respectively. An interesting feature in the finding of this study concerned financial causes and urban- rural differences as elements in divorce. Only 38(15.2%) of the respondents felt that the problems of finances can lead to divorce. Money usu- ally is a measure of power, influence and status. But mon- ey is a measure of value and it is sometimes perceived as the root of all evils. A rich man may use his riches to
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  172 X INDIANJOURNAL OF APPLIED RESEARCH Volume : 2 | Issue : 3 | December 2012 | ISSN - 2249-555XResearch Paper destabilize his family. This may take the form of keeping chains of women and/or marrying many of them.  IIn Judicial Dissolution of Marriage ground on which the court sanctions the divorce decree is an important factor. In this study 29.6% of the cases of divorce was granted through mutual consent. In the other 70.4% cases the grounds for divorce were either of the one which was specified in the Marriage Acts. 15.6% was of adultery, 13.2% was of cruelty, 10.4% was of desertion, 5.2% was of impotency, 5.2% was of non restitution of conjugal rights, 0.4% each of impotency and religious conversion and 13.2% of other causes. When we take the male and female cases separately in 36.8% of the male respondents the de- cree was granted on mutual consent followed by deser- tion (17%) and adultery (15%). However, in female highest frequency 24.8% of the cases the decree was granted on cruelty from the side of their spouse. It was followed by mutual consent (22%) and adultry (16%) of the cases.  Contrary to what prevailed earlier, more women are initiating divorce proceedings. The society seems to be accepting the fact that divorcees need companion- ship. An increasing number of women are now hoping to click with someone online. For example, as reported (Hindustan Times, February 17, 2008), seven per cent of all registered women on jeevansathi.com are divorcees, as against four per cent of all male users.  Vast majority (54%) of the respondents of the present study lived in nuclear families. 43.2% of the respondents belonged to joint families and the rest 2.8% were be- longing to extended family. Areas of Intervention Divorce is frighteningly common in the world today, yet few people understand the true reasons couples opt to dissolve their marriages. A common misconception about divorce is that infidelity is its most common cause; however, infidelity is cited as a factor in 20-25% of divorces, while lack of intimacy is cited by 80% of couples as the main reason for divorce. Another com- mon misconception is that couples that argue often are more likely to divorce; however, research findings suggest that it is the way couples behave during arguments rather than the number of arguments that leads to divorce. In light of the damage di- vorce does to individuals and society, it is important that people understand the factors that contribute to divorce as well as the best ways to prevent it. An estranged relationship can always be revived with the interference of close friends and relatives. But the present day nucleated families are not that fortunate enough to get the opportunity to reconsider their marriage un- der the presence of close family members. The global divorce rate is increasing alarmingly. Govern- ments of various countries including India are taking up nec- essary steps to reduce the rate of divorce and to save mar- riages. Surveys and studies are conducted across the globe to infer the exact reasons for breaking down marriages and families. The awareness of the concept of living in a healthy and close knit family is the probable solution to lessen the increasing rate of divorce. Divorce is nearly always really a tragedy, for it generally means disorganization of the personalities concerned and of their children steps must be taken to mitigate such ten- sions in the early stages by various means such as proper education of the spouse before and after marriage through literature, family counseling agencies, courts and services af- ter divorce. Divorce is more widely accepted and less stigmatized today than it has been in the past, but it still tends to be viewed negatively and is often blamed for many individual and soci- etal problems. Opposition to divorce also has legal and po- litical implications as efforts surface to toughen divorce laws and make it more difficult for couples to obtain divorces. Public and scholarly attention also needs to be devoted to in- terventions designed to educate and better prepare divorcing adults-parents and non parents alike for stresses, transitions, eco- nomic responsibility and difficulties, and co parenting challenges they will face in a variety of post divorce family forms. The chal- lenge is be to we begin the new millennium will be to explore these and their inventions as ways of normalizing divorce, facili- tating healthy adjustment, and embracing family diversity. Although the vast majority of divorcing couples somehow manages to get through these various stages, there is a small proportion that gets stuck in the process and fails to maneu- ver through the stages. Typically, these couples lodge in the transition stage and never get through it. Disorganization of the family does not end with divorce or desertion. This crisis is the final outcome of the long process of family disorganiza- tion. But is final in the sense that it represents a formal break in a previously intimate relationship. Both husband and wife have to adjust to the new and strange circumstances. Thus, many consequences follow from divorce. For some, the divorce does not solve the problem of unhap- piness and dissatisfaction within the marriage. Leaving the marriage brings similar or increased frustration, pain, and unhappiness. These feelings may occur as the person, living as a single, experiences deep loneliness and despair, or, as a remarried person, finds that the next marriage or marriages simple recreate the problems in the original one, with all the frustration, alienation, and anguish still present. Some spouses who are left after the mate chooses divorce never regain their composure. They sink into a chronic state of depression, laden with feelings of self-pity, worthlessness, and anxiety. They feel permanently burned or afflicted with a broken heart, and they withdraw from most social contacts. They may become chronically physically ill, alcoholic, drug dependent, or suicidal. They may become chronically debili- tated psychiatric patients. They may no longer have the ca- pacity to function as adequate parent figures because of their depression. In some cases, unfortunately, they discontinue contact with their children because such contact all too pain- fully reminds them of the lost marriage. These persons have popularly and validly been labeled “divorce flame-outs,” having indeed lost their spark for life. Conclusion Divorce could have a significant and life-altering impact on the well being and subsequent development of children and adolescents. Divorce is multidimensional and it involves mul- tifactor social events. It can be found in each and every soci- ety, which may be either in customary, or in legal form. Basi- cally it occurs easily within more open and industrial society. It is emerging a form of new sociological events due to the pattern of socio-cultural changes by the process of moderni- zation and simultaneously urbanization. Single causal factor is not responsible for dissolution of marriage. Different natures of dissatisfactions between the spouses are affecting due to the personal, familial, social and economic condition or struc- ture. Therefore, it should be treated under the multidimen- sional approach basically in the reference to contemporary changing socio-cultural pattern. There is a greater need for marital and familial counseling, which should include Sociolo- gists, psychiatrists, and social workers, doctors and priests. Courts as well as other agencies must make better and great- er efforts for reconciliation. In other words, holistic approach is needed both by the government and society. REFERENCE Amato, P. (1994); The Impact of Divorce on Men and Women in India and the United States, Journal of Comparative Family Studies, vol. 25(1):208–221 | Choudhary, J.N (1998): Divorce in Indian Society, A Sociological Study of Marriage | Disruption and Role Adjustment. | Gurumukh Ram Madan (2003); Indian Social Problems, Mumbai: Allied Publishers Pvt. Limited. | Kant Mani Sharma (2007); Matrimonial Laws, New Delhi: Kamal Publishers. | Krishan Arora (2006); Marriage & Divorce Laws, New Delhi, Professional Book Publishers. Patrick C. McKenry/Sharon J. Price (2000): Families & Change, Sage publications. | Saravanavel.P (1998); Research Methodology, Alahabad: Kitab Mahal Publication.