Is Divorce In India Rising After The Pandemic? Find Out Why

Although the COVID-19 pandemic receded in 2022, it seems that India has to grapple with another pandemic that is slowly gripping the nation. Of course the second pandemic is nothing sort of the first one and does not take away your life, but it too has its serious ramifications. The rising divorce in this country is concerning not only the citizens but also the Supreme Court which has expressed its displeasure at the growing divorce rate in India.

It has observed in its recent pronouncement that the increasing rate of divorce in India exposes a lack of sincere effort on the part of the couples to resolve their marital dispute amicably and, thus, damaging the sanctity of marital bonds, which occupies a sacrosanct position in traditional Indian Society.

India's divorce rate has increased by 35% over the last five years.
Source: Wion Reporthttps://t.co/OkEyow6CN8

— Red (@sun_523379) November 1, 2024

What are the factors that are leading to the rising divorce rate in India?

While there are factors that have been present traditionally within most family structures, the pandemic-led restriction in the forms of prolonged lockdowns exacerbated the issue. The issues in a relationship that earlier went unnoticed make its presence felt after remote work became a prevalent mode of work. Domestic abuse and intimate partner violence, which includes emotional, physical, and sexual abuse, often lead to the falling apart of the marriage between couples. The lockdown made partners confined within the domestic space with no respite or even going to work. Besides, aggressive behavior and internal squabbles destroyed the mental peace necessary to sustain any relationship, leading to rising cases of divorce in India. 

In addition to the negative factor, one positive factor also contributed to the rising cases. Economic independence and financial empowerment of women have encouraged women to break free from bonds that they often find oppressive and dominating. As women opt for higher education and late marriages, they get adequate time to focus on and build their careers, which empowers them and allows them to resist any kind of abusive relationship. Earlier, when women were solely dependent on their husbands for their subsistence, it was difficult for them to make any such decision to break free from the marriage, however abusive it may be, until and unless they had the support of their family.

While economic factors are just one of them, cultural-induced factors also lead to the failure of conventional marriage. Cultural Globalization has an impact on the lifestyle and social values that were held dear by the Indian society. As the Western way of life started dominating us and, in some cases, prevailed over our culture, individualism and self-oriented goals started taking precedence over family and collective values. Besides, cultural Globalization has also ensured wider acceptance of divorcees in our society. The urban elites are no longer skeptical about divorce, and the stigma associated with divorce has been eradicated to a major extent, especially among open-minded people.

Again, the influence of modern technology has been a bane in this regard. With the rising use of dating apps, people’s preferences are changing. They are not only exposed to wider options but also reconsidering the matches that have been imposed on them.

Not just social and cultural factors, economic elements also play a crucial role in determining the divorce rate in India. Owing to the pandemic-related economic slowdown, there was mass layoff in major economic sectors. Financial instability-related stress hindered the healthy blooming of marital relationships between couples.

Another cause of marriage breakdown remains addiction. Addiction and gambling are the major disruptive forces that trigger separation among couples by destroying the peace in domestic space.

What do the divorce laws in India say?

Divorce in India is governed by multiple laws as India boasts of a rich multi-cultural and multi-religious heritage. India is home to diverse communities that represent different religions, ethnicities, cultures, and social norms.

Therefore, the Indian Divorce Act 1869 is one such codified Indian personal laws that govern divorces among the Christian community. Similarly, the Hindu Marriage Act of 1955 applies to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj and even to a Buddhist, Jaina or Sikh. The Hindu Marriage Act permits divorce in India on the grounds of adultery, cruelty, desertion, conversion to another religion, prolonged mental disorder, communicable disease, renunciation of the world by the partner, and presumption of death.

While divorces among Muslims in India are governed by their personal laws, there are several legislations, namely the Dissolution of Muslim Marriage Act, 1939, Muslim Women (Protection of Rights on Divorce) Act, 1986, and Muslim Women (Protection of Rights on Marriage) Act, 2019 that contains provisions for divorce for the community.

Recently, in May 2024, the Supreme Court has announced certain changes to the present divorce laws in India. In its ruling, the Supreme Court of India declared that it could grant a divorce directly without the parties appealing a lower court’s decision if the concerned marriage has irretrievably broken down. Moreover, it removed the existing clause of the six-month waiting period, known as the cooling-off period, in case the divorce takes place by mutual consent. 

What are the ways to mitigate the rising trend of divorce in India?

While Couple therapy is gaining ground as a popular means of resolving marital disputes, ensuring family support in such trying times remains a crucial aspect. Couple therapies often succeed in helping struggling couples resolve their disputes and find purpose in their existing relationship. Involving the family in resolving disagreement once the couple themselves are struggling to figure it out can prove to be an effective solution to curb divorce in India. Often, advice from experienced and sensitive members of the family can provide insightful solutions. Owing to the rising divorce in India, pre-marital counselling is also becoming a popular option, which enables the couple to check their compatibility and preferences before they actually sign up for the life-long contract.

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