News Related to Divorce in India (November 2024)

Wife declining to cohabit with husband by forcing him to live in separate room, amounts to both physical and mental cruelty: Allahabad High Court…

Key Points from the News Article:

Wife’s Refusal to Cohabit Amounts to Cruelty: Allahabad High Court ruled that a wife forcing her husband to live in a separate room and denying conjugal rights is considered cruelty, both physically and mentally.
Cohabitation is Essential: The court emphasized that cohabitation is a crucial part of marriage, and the wife’s actions deprive the husband of his rights, impacting his well-being.
Overturned Family Court Decision: The High Court overturned the Family Court’s decision, which had denied the husband’s divorce plea.
Husband’s Testimony Accepted: The court accepted the husband’s unrebutted testimony as evidence, stating that civil suits are decided on the preponderance of probabilities.
No Knowledge Cut-Off Date: The judgment did not specify a knowledge cut-off date, suggesting its relevance to current legal interpretations.

HC upholds divorce based on conversion, cruelty grounds

This news article details a divorce case in Chhattisgarh where the High Court upheld a lower court’s decision to grant the husband a divorce. Here are the important points:

Grounds for Divorce: The husband’s primary complaint was that his wife, after their marriage, converted to Christianity and demeaned his Hindu beliefs. He alleged this caused him mental cruelty.
Wife’s Defense: The wife denied converting and claimed she merely attended church services. She argued that attending church does not equate to conversion and that the husband’s family was pressuring her to convert.
Lower Court’s Ruling: The trial court ruled in favour of the husband, accepting his claims of the wife’s conversion and granting him a divorce.
High Court’s Decision: The High Court upheld the lower court’s decision, emphasizing that the wife’s actions caused mental cruelty to her husband. While they didn’t delve into the conversion aspect, they focused on the wife disrespecting the husband’s religious beliefs.
Alimony: Despite upholding the divorce, the High Court ordered the husband to pay his ex-wife ₹5 lakh as permanent alimony.

Key takeaways:

Mental Cruelty as Grounds for Divorce: Disrespecting a spouse’s religious beliefs can be considered mental cruelty in India, potentially leading to divorce.
Conversion and Divorce: While conversion itself might not be a direct ground for divorce, the actions associated with it, like abandoning one’s previous faith and demeaning the spouse’s beliefs, can contribute to marital discord.
Evidence of Conversion: The courts seem to consider a pattern of behaviour, including attending religious services and abandoning previous faith practices, as potential evidence of conversion.

This case highlights the complexities of religious freedom within marriage in India and how changes in religious beliefs can impact marital relationships.

This Muslim country has the highest divorce rate, it’s not Pakistan, Indonesia, Saudi Arabia, Bangladesh, Iran, UAE

This news article discusses divorce rates in Turkey in 2023, highlighting that despite a decrease in divorces compared to the previous year, Turkey still has the highest divorce rate among Muslim countries.

Here are the key takeaways:

Declining Trend: Both marriages and divorces decreased in Turkey in 2023 compared to 2022, by 1.82% and 5.79% respectively.
Highest Divorce Rate: Despite the decline, Turkey still holds the highest divorce rate among Muslim-majority countries.
Divorce Timeline: A significant portion of divorces occur within the first ten years of marriage, with 33.4% happening within the first five years and 21.7% between six and ten years.
Child Custody: Mothers predominantly receive custody of children in divorce cases (74.9%).
Regional Variations: Divorce and marriage rates vary across different regions in Turkey. Kilis has the highest marriage rate, while Gümüşhane has the lowest.
Median Age: The median age for first marriages is rising, with men marrying at 28.3 years old and women at 25.7.

The article also provides some contextual information, such as the average age gap between spouses and the prevalence of consanguineous marriages.

Estranged couple need not appear in person to seek divorce on mutual consent, orders Madras High Court

This article reports on a significant order passed by the Madras High Court regarding divorce proceedings for couples seeking a mutual consent divorce. Here are the key takeaways:

No In-Person Appearance Required: Estranged couples no longer need to physically appear in court to file or attend hearings for mutual consent divorce cases. This applies to all stages of the process.
Video Conferencing from Anywhere: Couples can appear virtually via video call from any location, eliminating the need to be present at Indian embassies or consulates.
Power of Attorney Allowed: Divorce petitions can be filed through a power of attorney, enabling individuals to initiate proceedings even if they cannot be present in India.
Rationale Behind the Order: The court recognized the difficulties faced by couples living abroad, particularly the challenges in obtaining visas and attending court hearings while maintaining employment.
Emphasis on Accessibility and Convenience: This ruling aims to make the divorce process more accessible and convenient, especially for those residing overseas. It aligns with the principles of the recently introduced Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows for virtual proceedings in criminal trials.

Impact: This order is likely to have a substantial impact on estranged couples seeking divorce, particularly those living abroad. It removes significant hurdles and allows for a more efficient and less stressful process. It also reflects a move towards modernizing legal procedures and leveraging technology to improve access to justice.

Bollywood’s costliest divorce is worth Rs 380 crore, it’s not of Aamir Khan-Reena Dutta, Karisma Kapoor-Sanjay Kapur, Saif-Amrita Singh, Malaika-Arbaaz Khan

This article lists some of the most expensive divorces in Bollywood history, highlighting the substantial alimony payments involved. Here are the key takeaways:

Hrithik Roshan and Sussanne Khan: This is reportedly Bollywood’s costliest divorce, with Hrithik paying Sussanne around Rs 380 crore in settlement.
Aamir Khan and Reena Dutta: Aamir Khan reportedly paid Rs 50 crore as alimony to his first wife, Reena Dutta.
Malaika Arora and Arbaaz Khan: Malaika received an estimated Rs 10-15 crore as part of their divorce settlement.
Saif Ali Khan and Amrita Singh: Saif Ali Khan mentioned paying Rs 5 crore in total to Amrita, along with monthly payments of Rs 1 lakh until their son turned 18.
Farhan Akhtar and Adhuna Bhabani: Farhan reportedly paid a one-time alimony to Adhuna and she also received their bungalow in Mumbai.

The article emphasizes the financial aspect of these high-profile divorces, showcasing the significant monetary settlements involved. It also provides a glimpse into the personal lives of these Bollywood celebrities and the challenges they faced in their marriages.

Asha Bhosle weighs in on rising divorce cases among youth: They get bored easily

This article shares Asha Bhosle’s views on the increasing divorce rates among young people and touches upon her personal experiences. Here are the main points:

Concern about rising divorces: Asha Bhosle expresses concern about the growing number of divorces among young couples, noting that they seem to “get bored” with each other easily.
Comparison to her own experience: She contrasts this with her own experience, stating that while she faced challenges in her marriage with RD Burman, divorce was never a consideration. She also mentions her first marriage, which ended in divorce.
Reasons for the increase: Bhosle believes that young couples fall out of love quickly and lack the patience to work through their problems. Ravi Shankar, with whom she was having this conversation, adds that attraction often overshadows genuine love today.
Women and pregnancy: Bhosle also discusses women’s right to choose and reflects on her own experience of balancing a successful career with motherhood. She emphasizes that she managed both despite challenges.

Overall, the article highlights Asha Bhosle’s perspective on changing relationship dynamics and societal values, drawing from her own life experiences and observations. It also touches upon the challenges faced by working mothers and women’s right to make choices about their bodies.

Triple talaq: India Muslim women in limbo after instant divorce ruling

This article examines the complex aftermath of India’s 2017 ban on “triple talaq,” an Islamic practice that allowed men to instantly divorce their wives. While the ban was hailed as a victory for women’s rights, the article highlights the unintended consequences and challenges that have emerged:

Key Points:

Legal limbo: Many women, including some who petitioned against triple talaq, find themselves in a legal grey area. Their husbands refuse to reconcile, leaving them neither married nor divorced.
Mixed outcomes: While the ban has reduced instances of triple talaq, it has also led to a rise in abandonment and “khula” divorces (initiated by women).
Abandonment: Men are increasingly deserting their wives to avoid legal consequences and financial obligations, leaving women without support.
Khula exploitation: Though Khula empowers women to seek divorce, it is often used by men to evade responsibility and alimony payments.
Lack of awareness: Many men are unaware of the legal repercussions of triple talaq, leading to continued illegal practices and abandonment.
Social impact: The ban has raised awareness about women’s rights within the Muslim community, but societal change is slow, and many women still face challenges.
Personal struggles: Women who are challenged by triple talaq face social stigma and difficulties in remarrying or finding employment.

Overall, the article paints a nuanced picture of the ban’s impact:

Positive: Reduced instances of triple talaq, and increased awareness of women’s rights.
Negative: Rise in abandonment, exploitation of khula, legal limbo for many women, personal struggles for those who challenged the practice.

The article concludes by emphasizing the need for greater awareness, legal support, and societal change to ensure that Muslim women truly benefit from the ban on triple talaq.

End of road? SC shortens divorce long road

This news article discusses a Supreme Court case where the court used its special powers to grant a divorce, avoiding lengthy legal proceedings. Here are the important points:

Irretrievable Breakdown as Grounds for Divorce: The Supreme Court-dissolved a marriage based on “irretrievable breakdown,” acknowledging that the relationship was beyond repair.
Article 142: The court invoked Article 142 of the Indian Constitution, which grants it special powers to deliver complete justice. This allowed them to bypass the usual drawn-out divorce process in lower courts.
Case Background: The couple, married in 2013 with a daughter, had been living separately since 2019. The husband accused the wife of infidelity, while she claimed he neglected her and their child.
Failed Mediation: The Supreme Court referred the case to mediation, but the couple could not reconcile.
Court’s Reasoning: The court recognized the futility of prolonged legal battles and considered the well-being of the couple and their child. They acknowledged that the marriage had irretrievably broken down.
Divorce Granted: The court dissolved the marriage, granting the divorce and ordering the husband to pay a total of ₹20 lakh as alimony for his wife and child.

This case highlights the Supreme Court’s authority to intervene in specific situations to ensure justice and avoid unnecessary delays in legal proceedings. It also signifies a potential shift towards recognizing “irretrievable breakdowns” as valid grounds for divorce in India, offering a more efficient resolution for couples in irreconcilable marriages.

After my divorce, I struggled to talk about it. Here’s how I handled the sensitive subject with friends and strangers.

This blog post recounts the author’s personal experience navigating the tricky social aspects of divorce, and how they learned to talk about it with different people. Here are the key takeaways:

Divorce forces you to talk about it: From legal and administrative tasks to social interactions, divorce is a life change that requires you to disclose it to many people, often unexpectedly.
Varying levels of disclosure: The author developed a tiered system for sharing information about their divorce, ranging from public statements with minimal details to deeper conversations with close friends.
Emotional impact: Initially, the author found it difficult to discuss their divorce without crying, but with time, it became easier. They emphasise the importance of self-compassion and allowing themselves to feel their emotions.
Balancing privacy and openness: While the author values transparency, they also recognise the need to protect their privacy and avoid sharing intimate details with everyone.
Finding support: Sharing their experience publicly helped the author feel less alone and more connected to their community.

Overall, the blog post provides a candid and relatable account of the challenges and emotional complexities of discussing divorce. It offers valuable insights for others going through similar experiences, encouraging them to be open and honest while also prioritising their well-being and privacy.