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Breakdown And Fault Theories of Divorce under Family Law of India

  Marriage in India is considered as a venture of two souls through which they get a societal status in society as called spouse. It's a very obvious phenomenal if society changes then the law will definitely going to change to keep possession of justice among the citizens of the state. our matrimonial laws should be more consolidated and more progressive which could help to reconcile contradictory interest of spouse which occurs sometimes due to usual or unusual matters. moreover, we have different types of conflicting, prejudiced laws according to various caste and religion which needs to be stabilized or consolidated. There has been an expansion in the number of the crackup of matrimonies each year either due to the fault of the husband or the wife. the natural as well as universal phenomenal which says that a small growing plant needs both water as well as sunlight to grow, likewise a small innocent child needs the love of both mother and father for his bright future, thus this dissolution of marriages doesn't only harm future of spouse but also to their child's to great extent which could do massive destruction to his/her psychological state. although we have many types of distinct legislations and procurements for divorce corresponding to different religions all are suffering from different loopholes.

Shattering child's future
The divorce scale has been grown rapidly which is not a good indication for a country named India, which is customarily famous for its customs and incredible vintage cultural. Divorce can influence each and every developing aspect of his/her whether it could be physically, socially, emotionally, educationally, morally, and spiritually.

divorce is a life-transforming occurrence which can clearly generate deeply damage to many life's. this article has been undertaken to examine the loopholes of divorce regularity in India. there could be several reasons behind divorce like infidelity, adultery, neglecting family. in the case of [1] Roxann Sharma vs Arun Sharma, the distinguished supreme court held that "the custody of the minor child below five years should be given to his/her mother ". but till now there is no such legislation which restricts the fixed amount of "[2] alimony pendente lite" moreover which could constitute a financial problem to one spouse. we have many kinds of centrifugal laws to govern marriages related to every caste but till now none of them considered any sort of amount which a spouse should be authorized to draw after the adjournment of marriage which signifies that there should be the equitable distribution of property among spouse.

In case of [3] Om Wati vs Kishan Chand where the court held that due to lack of[4]animus deserdendicourt ignored the petition of divorce on grounds of lack of evidence this case showed up large implications we still lacking behind in our enactment.

Study of other deceptions in the system
Considering, the case of [5] Karnataka high court where the unsatisfactory verdict, as well as inadequate suggestions, which was totally unacceptable, was given by the justice, where he mentioned that domestic abused wife can adjust with their husbands, anyhow it's just matter of time. any verdict pronounced by the apex court of the country is the law of the land which applicable within the territory of India and which has its own degree of discretion power. while in case of [6] Amandeep Singh vs Harveen Kaur where supreme court held that " 6 months waiting period for divorce by mutual consent is not mandatory" the consequences could be very serious because in future many families can be simply dissolved using such verdict there should be more time provided for reconciliation as well as mediation so that spouse gets enough time to cool down and to use their senses properly including their children's future so that dissolution of marriage could be stopped and to remove individuals agony state as well and to recover. after biting analysis, it has been observed that nowadays misusing matters are being inscribed in huge number where "[7]motion to vacate the premises" could be a devastating threat which can be practiced by either husband or wife in order to obtain revenge which needs to be framed accordingly.

Further glance at the other legal implications
Somehow there has been always some sort of tumble or biased part due to which any of the partners suffers from the divorce process which clearly shows the legal entanglements we are still lacking behind, relating to one of the similar instances, case of Kerala where a women's husband was earning around 56,000 per month but she entitled to get only 900 rupees as maintenance after prolonged battle of 17 years now it shows how a person can suffer such rigorous life and too with cheap justice.

In the case of high court of Bombay[8]Shri Mangesh Balkrushna Bhoir vs Sau Leena Mangesh Bhoir where the court held that there should be relief provided to victim and his family in false cases and respective party can file the petition against it regarding as constitute cruelty. there are certain reasons why our system many times fails to serve justice because:-
a) pertaining to the long procedure of courts which could take years
b) Disruption of child's future regarding divorce cases
c) Gender bias and Gender dominance still exists in our regularity bodies

After the critical observation, it's pretty manifest that there has to be a consolidated form of regularity which rules divorce system i.e. like UCC-"Uniform civil code" or else any new law for the welfare of the country and to maintain the sovereignty, uniformity and harmony among each and every citizen of the state.

Conflict of laws pertaining to each and every religion has to be stopped for example "Venereal diseases" is ground for divorce in Hindu marriage act, Parsi Marriage act and Muslim marriage act but in Indian divorce act it's not a ground for divorce which clearly shows the possession of complexity as well as chaos among all. many immoral acts which kept increasing nowadays like adultery, bigamy, sodomy thus they should be considered under non-cognizable and Bailable offences so that there could be a strong punishment for each and every of the crimes.

Since after independence till the date, we don't have codified law in our Indian constitution for divorce purpose.

we have different types of laws governing different religions regarding divorce which is not at all bonafide such as Muslim, Parsi, Jewish, Hindu. Even the organizations of divorce has complex assumptions under these laws. While it is only under the Hindu Marriage Act, 1955, the Special Marriage Act, 1954 and the Parsi Marriage and Divorce Act, 1936 that divorce by mutual consent and on the grounds of irretrievable decline of conjugality is also identified, Muslim law grants the husband with the claim of one-sided divorce, while the wife can only rely on specific prescribed fault grounds.

the research paper began by examining certain implications in our judiciary system, how divorce has unrecoverable consequences including the child. I realized that there are a number of provisions that quite similar between the various statues and the kinds of problems that arise before courts when it comes to implementation of such rules. Following this, I looked at the elements of difference between the several ordinances, through revisions to reconcile them with the dynamic socio-religious matters.

While on the one hand owing to the fact that in India, the source of personal laws is spiritual expectations and societal practices, both of which are complicated and distinct in Indian society, there are a lot of fundamental differences in the laws. This leads me to conclude that in areas like divorce, an endeavour should be made to structure a typical personal law based on the agreements under which the variations can be harmonized and reconciled to create a sole, personal law for the entire country.

[1]Roxann Sharma vs Arun Sharma 17 feb,2015,SC Bench: Vikramajit Sen, C. Nagappan, the Judgment dated 2nd August, 2014 passed by the High Court of Bombay at Goa in Writ Petition No.79 of 2014, which in turn questioned the Order dated 31.1.2014 passed by the IInd Additional Civil Judge, Senior Division at Margao, Goa (hereafter also referred to as the Civil Judge) in Matrimonial Petition No. 15/2013/II filed on 18.5.2013 before us, by the Respondent, Shri Arun Sharma (hereafter referred to as 'Father') under Section 6 of the Hindu Minority and Guardianship Act, 1956. In this petition the Father has prayed inter alia that (a) the custody of the minor child, Thalbir Sharma be retained by him and that (b) by way of temporary injunction, the Appellant before us (hereinafter referred to as the Mother) be restrained from taking forcible possession of the minor child Thalbir from the custody of the Applicant
[2] A temporary order of court that provides support for one spouse and provide support for one spouse and to children while divorce is in progress. Legal maxim
[3] Om Wati v. Kishan Chand In this case, the parties married on 2nd February 1976 and a female child was born to them which, however, died later. On 22nd May 1981, the wife applied for divorce on the ground of desertion by the husband and gave the fact that they have been living separately since February 1979. But the Court held that animus deserdendi was not established. It was proved that when the husband was informed of his child’s death, he did not come even to perform the last rites of his child. This clarified that he had broken off all ties with his family.
[4] The intention to bring cohabitation permanently to an. Two elements must be present on the side of the deserted spouse: absence of consent and absence of conduct reasonably causing the deserting spouse to form his intention to bring cohabitation to an end.
[5] 20 year old woman and 37 year old husband approached HIGH COURT of Karnataka She claimed that her husband is beating her everyday and he claimed that she deserted him, she took his sons Justice BHAKTAVATSALA said that "it might be ok for the husband to beat a woman if he took good care of her, Woman suffer in all marriages, your husband is doing good job"
[6] Amardeep Singh vs Harveen Kaur on 12 September, 2017 Supreme court the period mentioned inSection 13B(2)is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.
[7] LEGAL MAXIM Upon a showing of good cause by one party the court order the other spouse to leave the martial residence
"In my view, the order passed by the lower appellate Court is totally erroneous and contrary to law laid down by the Supreme Court and this Court holding that if the wife had filed a false case against the husband and his family members in which the appellant husband and his family members are acquitted, it amounted to cruelty and the husband on the said ground was entitled to seek divorce. The impugned order passed by the lower appellate Court thus deserves to be set aside".

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