This article is written by Lithivarshini.C of 7th Semester of BA LLB of Tamil Nadu Dr. Ambedkar Law University, an intern under Legal Vidhiya
ABSTRACT
However, due to the prevalence of stress frameworks, less attention has been paid to the study of divorce as a positive or negative decision that some people make throughout their lives, or as a life event that influences subsequent social behavior. If the path people take in choosing to divorce is less socially protected than the path of those who continued to be married take, not only lingering effects of divorce, but also differences in the life course patterns could also influence their health in later life. Thus, not simply divorce as a stressor continuously troubles health even after remarriage; those who experienced a divorce may be less likely to gain social protection through religious involvement in later life than those who continued to be married. Despite extensive research of divorce and negative health outcomes, almost no attention has been paid to the study of the longitudinal relationship among previous divorce experience, later religious involvement, and possible linkage to healthy lifestyle.
Key Words: Divorce, Religion, Family Law, Consequences, Impact
Introduction to divorce and its social consequences
Divorce is a complex and emotionally challenging process that can have far-reaching effects on individuals, families, and communities. In recent years, the social consequences of divorce have become a topic of increasing concern. The dissolution of a marriage not only affects the individuals involved but also has a profound impact on society as a whole. Divorce is often seen as a reflection of changing social norms and values. As societal attitudes toward marriage and relationships have evolved, so too have the reasons for divorce. While divorce was once stigmatized and considered taboo, it has now become more socially acceptable. This shift has led to a number of social consequences that need to be understood and addressed.
The role of family law in divorce and its impact on society
Family law plays a critical role in the process of divorce and has a significant impact on society. It provides the legal framework within which divorces are conducted, addressing important issues such as child custody, property division, and spousal support. The way in which family law is structured and implemented can have profound consequences for individuals and families going through a divorce. One of the key aspects of family law is the determination of child custody and visitation rights. The decisions made in this regard can have a lasting impact on the well-being and development of children. It is crucial for family law to prioritize the best interests of the child and ensure that custody arrangements are fair and equitable. Additionally, family law also governs the division of property and assets, which can have significant economic consequences for individuals and society. The way in which these decisions are made can impact the financial stability of both parties involved in the divorce, as well as the broader economic landscape.
Religious perspectives on divorce and its effects on individuals and communities
Religious perspectives on divorce vary widely and can have a profound impact on individuals and communities. Different religious traditions have varying views on the sanctity of marriage and the permissibility of divorce. These perspectives can shape the way individuals approach divorce and can play a role in the social consequences that arise from it. In some religious traditions, divorce is strongly discouraged or even prohibited. This can create significant challenges for individuals who wish to end their marriage but are constrained by religious beliefs and norms. The social consequences of divorce within these religious communities can include ostracism, judgment, and a loss of social support.
On the other hand, some religious traditions provide guidance and support for individuals going through a divorce. They may offer counseling services, support groups, and spiritual guidance to help individuals navigate the emotional and practical challenges of divorce. These religious communities can play a vital role in mitigating the negative social consequences of divorce and providing individuals with the support they need.
Does Religion Influence Breakup and Divorce?
Religious dependence tends to lead to early marriage, but less so to cohabitation, so its impact on divorce is difficult to assess. What we really want to know is: Are religious people less likely to divorce on condition of marriage? Without a control of marriage age or indicators of premarital cohabitation, religiously educated women are slightly less likely to divorce. Adding a control for age at marriage yields roughly the same results, suggesting that religious people marry earlier but still have slightly lower divorce rates. But simply religious people are less likely to live together, which may be the reason divorce rates are down. Religiously educated women are almost as likely to divorce as other women of the same romantic history and socioeconomic status. In other words, one reason women raised in religious households are less likely to get divorced is because they are less likely to live together before marriage.
Religious vs. Civil Divorce
Divorce is accepted in both realms, just as marriage is accepted in both religious and civil society. A religious divorce officially ends a marriage in terms of one’s religion. It does not affect divorce under the secular laws of your country or state. In other words, the civil law we live in regardless of religion has its own divorce requirements. (However, in some religious communities, such as Reform Judaism, a civil divorce may be considered a religious divorce.)[1]
Religions have their own rules and procedures regarding divorce, including remarriage. Some people have specific rules and views on the annulment of marriage. This basically means that the marriage is considered void. Religious and civil divorces affect each other in some ways, but often they operate on different worlds.
Divorce and Religion: What Different Faiths Say About Ending a Marriage
According to the Pew Research Center, 57% of divorced or separated adults consider religion to be very important to them.[2]
How Certain Religions View Divorce
Religions clearly have their possess sees on any number of issues in life, separate among them. Here’s a diagram of the positions of a few religions on the subject of finishing a marriage.
- Christianity and Divorce
Although there are multiple denominations, Christianity follows the life and teachings of Jesus Christ as recorded and explained in the Bible. Believing in one God, this religion focuses on belief in the birth, death, and resurrection of Jesus. It is also the world’s largest religion, with over 2.3 billion followers worldwide in 2015.[3]
Many people wonder what the Bible says about divorce. Marriage in Christianity is generally viewed as a lifelong commitment between partners. Many believe this means that God hates divorce and Christian divorce is usually frowned upon, but the story doesn’t end there. Biblical grounds for divorce may include unfaithfulness (Matthew 19:9) and abuse (Exodus 21:10-11). Of course, different sects have different interpretations of these scriptures. Let’s take a look at some of their common opinions on the subject of divorce.
- Protestants:
She opposes divorce whenever possible, although many Protestant churches allow divorce if the marriage is irreparable. Protestants often allow remarriage.
- Catholic:
Views on divorce are at least somewhat divided even within Catholicism. Some say that the Catholic Church forbids divorce. Divorced or separated from one’s spouse may still be full-fledged Catholics, and in the eyes of religion the real problem is the remarriage after divorce without proper annulment proceedings. Some people say to do. According to one source, “The most serious and common misinformation in the teachings of the Catholic Church is the claim that divorced and remarried persons are prohibited from receiving Holy Communion because they are in a state of mortal sin.”
- Mormonism:
Like Protestants, Mormons are against divorce, but allow it in some cases. A couple may be able to achieve a “nullification of the sealing,” which would allow the marriage to end in the eyes of the church.
- Judaism and Divorce:
Judaism, one of the world’s most seasoned religions, is centered on the conviction in one God and his pledge, meaning an extraordinary assention between God and his individuals. All of the laws and lessons in Judaism begin from the Torah, the sacrosanct book within the Jewish religion.
Comparable to numerous Christian groups, separate is permitted in Judaism, indeed in case it’s not empowered. Concurring to conventional Jewish law, as it were the spouse can separate his spouse, but, whereas a few Conventional Jews still tolerate by that considering, most Jewish communities will presently permit for a separate started by either a man or a lady.
Since Jewish couples sign a ketubah, or marriage contract, when they get hitched, a legitimate report beneath Jewish law is required for separate beneath a few categories. That’s called a “get,” and the cases in which it may be given incorporate circumstances of disloyalty, manhandle, or hostile contrasts. In Standard Judaism, a devout separate must go through procedures some time recently a rabbinical court some time recently a “get” is allowed.
- Hinduism and Divorce
Starting in India, Hinduism isn’t a single, unitary religion, but, instep, a collection of standards considered a way of life. There’s no one sacrosanct content like a Book of scriptures or Torah, but numerous Hindus accept in dharma, which is the devout code that oversees an individual’s conduct and obligation.
Separate is permitted in Hinduism, but it shows up to be uncommon in that religion when compared to others. Generally, separate was illegal in Hindu connections as ladies had a second rate standing in culture and society. And since Hinduism considers marriage a holy observance and life-long promise made within the nearness of a few divine beings, separate was never an alternative. In any case, the Hindu Marriage Act of 1955 in India permitted separate beneath certain conditions, counting disloyalty, surrender, brutality, and nonappearance of communication, among other reasons.[4]
- Islam and Divorce:
The second largest religion in the world, Islam believes in only one God, Allah, and his Prophet Muhammad. Muslims believe that they must submit to the will of Allah and follow the Koran, the central and sacred religious document. Like other religions, Islam also has several groups such as Sunnis and Shiites, and there are differences between these groups. Divorce is permitted in Islam, as in many other religions, but is considered a last resort. In fact, Muslim couples are taking steps toward divorce, as Prophet Muhammad reportedly said, “The most vile thing that is lawful before Allah is divorce.” You may be advised to work with the mosque to resolve any disagreements in advance. Different rules apply for men and women when it comes to remarriage. The differences include the principle that after a valid divorce, men can remarry immediately, but women cannot remarry for a period of time (usually three months).
- Buddhism and Divorce
Since Buddhism doesn’t have strict precepts almost marriage, separate is permitted within the religion and is unlimited. Separate may really be suggested in the event that a troubled marriage causes push or enduring.
Considering Religion When Thinking About Divorce
Thinks about have appeared that devout association can decrease separate rates (by up to 14 percent concurring to one).[5]And at slightest one think about detailed that couples that gone to church together were less likely to separate. But that doesn’t make the method any simpler or less complicated for those considering going through it. After all, no matter your religion, separate can be a sensitive subject. In spite of the fact that sees on separate have changed with time, there can be a shame related with it that’s difficult to shake. A few individuals without a doubt stress a separate will cause judgment or indeed disgrace from others in a religious community. Or they may be concerned that it’ll cause a misfortune of companions or thrust them absent from their confidence. Concurring to the consider referenced over, individuals can encounter a drop in devout inclusion after a separate, particularly in center age.
But, to numerous, that need not manage how individuals explore their own marital challenges. Comparative to how religion may be an exceptionally individual choice, separate may be an interesting subject to each person, with no one-size-fits-all reply. Not all individuals within the same groups have the same convictions, and sees on separate may vary between individuals inside a devout gather. Additionally, sees inside religions and society by and large can advance.
Social consequences of divorce on children
Children are often the most vulnerable and deeply affected by the social consequences of divorce. The dissolution of their parents’ marriage can have a profound impact on their emotional well-being, academic performance, and future relationships. Understanding and addressing the social consequences of divorce on children is crucial for their long-term development and well-being. Research consistently shows that children from divorced families are at a greater risk of experiencing a range of negative outcomes. These can include emotional distress, behavioral problems, academic difficulties, and an increased likelihood of engaging in risky behaviors. The social consequences of divorce on children can extend into adulthood, impacting their ability to form healthy relationships and achieve their full potential. It is essential for society to recognize the unique needs of children experiencing divorce and provide them with the necessary support and resources to navigate this challenging time. This support can come in the form of counseling services, educational programs, and community initiatives that promote resilience and emotional well-being.
The impact of divorce on mental health and well-being
Divorce can have a significant impact on the mental health and overall well-being of individuals. The emotional toll of the process, coupled with the changes in social and economic circumstances, can lead to increased stress, anxiety, and depression. Understanding the impact of divorce on mental health is crucial for providing individuals with the support they need to navigate this challenging life transition. Research has consistently shown that individuals who go through a divorce are at an increased risk of mental health issues. The loss of a significant relationship, coupled with the upheaval of the family structure, can lead to feelings of grief, loneliness, and a loss of identity. It is important for society to provide accessible mental health services to individuals going through a divorce, ensuring that they have the tools and support necessary to cope with these challenges.
Economic consequences of divorce for individuals and society
Divorce can have significant economic consequences for individuals and society as a whole. The division of assets, spousal support, and child support payments can impact the financial stability of both parties involved in the divorce. Additionally, the economic consequences of divorce can extend beyond the immediate individuals involved, affecting the broader economy and social welfare systems. For individuals, divorce often leads to a decrease in household income and an increase in expenses. The financial strain can be particularly challenging for single parents who are responsible for the care and support of their children. The economic consequences of divorce can lead to poverty, decreased access to healthcare, and limited opportunities for personal and professional growth.
From a societal perspective, divorce places a burden on social welfare systems and public resources. The need for government assistance, such as housing subsidies and food stamps, often increases among divorced individuals and their children. It is crucial for policymakers to recognize the economic consequences of divorce and develop strategies to support individuals and families in rebuilding their financial stability.
Social support systems for individuals going through divorce
Recognizing the challenges posed by divorce, it is essential to establish robust social support systems for individuals going through this difficult life transition. Social support can come in various forms, including emotional support from friends and family, access to counseling services, and community resources that provide practical assistance. Friends and family play a crucial role in providing emotional support to individuals going through a divorce. They can offer a listening ear, advice, and companionship during this challenging time. Additionally, access to professional counseling services can provide individuals with the tools and support necessary to navigate the emotional and practical challenges of divorce.
Community resources, such as support groups and educational programs, can also be invaluable in helping individuals going through a divorce. These resources can provide individuals with information, guidance, and a sense of belonging. By establishing comprehensive social support systems, society can help individuals rebuild their lives and mitigate the negative social consequences of divorce.
Strategies to mitigate the negative social consequences of divorce
Addressing the negative social consequences of divorce requires a comprehensive and multifaceted approach. By implementing evidence-based strategies, society can mitigate the impact of divorce on individuals, families, and communities. These strategies can focus on various aspects, including legal reforms, educational initiatives, and community support programs. Legal reforms can play a crucial role in ensuring fair and equitable outcomes in divorce proceedings. By prioritizing the best interests of children, promoting alternative dispute resolution methods, and providing access to legal representation, family law can help mitigate some of the negative social consequences of divorce. Education and awareness are also essential in addressing the social consequences of divorce. By providing individuals with information about the process, the impact on children, and available resources, society can empower individuals to make informed decisions and seek the support they need. Educational initiatives can be targeted at schools, religious institutions, and community organizations to ensure widespread awareness and understanding.
Additionally, community support programs can provide individuals with the practical resources and emotional support necessary to navigate the challenges of divorce. These programs can include counseling services, support groups, financial assistance, and employment training. By addressing the various needs of individuals going through a divorce, society can help mitigate the negative social consequences and promote resilience and well-being.
Legal Effects of Divorce
When some gets separated, their lawful relationship as companions comes to a conclusion. The legitimate impacts of separate may incorporate:
- Marriage disintegration:
The marriage contract is over, and the parties are now not subject to its arrangements.
- Property Division:
The court may partition the property and resources procured amid the marriage between the parties.
- Divorce settlement or Spousal Bolster:
Depending on the ward, one party may be required to pay divorce settlement or spousal bolster to the other party.
Anil Kumar Jain Case (2017): This case managed with the issue of provision for men. The Preeminent Court ruled that men might too claim provision from their spouses in cases where they were incapable to bolster themselves fiscally. This choice made a difference to supply more noteworthy sexual orientation correspondence in separate cases.[6]
- Child Care and Bolster:
The court may decide the care of any children of the marriage and arrange one party to pay child back.
ABC vs. The State (2015): This case managed with the issue of child care in cases of inter-country selection. The Preeminent Court held that the welfare of the child ought to be given the most elevated need in such cases, which the most excellent interface of the child ought to be the directing guideline for deciding guardianship.[7]
The importance of education and awareness about divorce and its social impact
Education and awareness about divorce and its social impact are crucial for individuals, families, and communities. By promoting understanding and empathy, society can create an environment that supports individuals going through a divorce and mitigates the negative social consequences. Education about divorce should start early, providing young people with information about healthy relationships, conflict resolution, and the importance of open communication. By equipping individuals with these skills, society can promote the development of healthy relationships and reduce the likelihood of divorce. Additionally, awareness campaigns can help debunk myths and misconceptions about divorce, reducing stigma and judgment surrounding the process. By fostering a culture of understanding and support, individuals going through a divorce can feel empowered to seek help and access the resources they need.
CASE ANALYSIS:
- Abdurahman v. Khairunnessa[8]
The issue raised in this case, How is the expression “does not treat her equitably following the injunctions of the Quran” in Sec. 2(viii)(f) of the Dissolution of Muslim Marriages Act, 1939 to be understood in law?
Realities of the case
In this case, the primary spouse recorded for separate beneath remorselessness since the spouse did not treat her evenhandedly taking after the directives of the Quran but did not give significant prove for the same.
Judgment The court chosen the case in support of the spouse by saying that Islamic law doesn’t constrain a life partner to live with somebody without their full assent. Court chooses that “It is for her to choose whether she is fulfilled that her spouse is treating her evenhandedly taking after the orders of the Quran”.
The court moreover said that the spouse has the correct not to reveal or uncover the subtle elements of how her spouse misplaced intrigued in her. This was since the spouse includes a comparable right to singularly separate the spouse.
- Sarla Mudgal Case (1995)[9]
This case managed with the issue of polygamy in India. The Preeminent Court held that a Hindu man who had changed over to Islam might not wed once more without getting a separate from his to begin with spouse. This choice made a difference to secure the rights of ladies in inter-faith relational unions.
Conclusion: Recognizing the need for a comprehensive approach to addressing the social consequences of divorce
In conclusion, divorce has significant social consequences that need to be understood and addressed. From the impact on children to the economic and mental health consequences, divorce has far-reaching effects on individuals, families, and communities. By recognizing the role of family law, understanding religious perspectives, and implementing strategies to mitigate the negative consequences, society can provide individuals with the support and resources necessary to navigate this challenging life transition. Education and awareness about divorce and its social impact are also crucial for fostering empathy and understanding within society. By taking a comprehensive approach, we can work towards minimizing the social consequences of divorce and promoting the well-being and resilience of all individuals involved. In the pre-independence era, the death of 11-year-old girl Pulmoni Dashi following a brutal rape by her 35-year-old husband, Hari Mohan Maity, forced the UK to intervene in traditional marriage systems and age for marriage. was done. Divorce, considered a vicious practice by many conservatives and orthodox, is an essential element in liberating women and protecting them from harassment and sexual slavery by oppressive husbands. According to some legal scholars, the right to divorce is governed by Articles 14, 15, 21 and 25, i.e. equality before the law, discrimination based on religion, race, caste, sex or national origin. It is said that it is part of the prohibition, the protection of life, etc., individual liberty, freedom of conscience, freedom of employment, and freedom of practice and dissemination of religion. Divorce helped women get out of miserable and painful relationships, helped them live with dignity and freedom, raised their standard of living, and gave them equal standing with men to start over.
‘Women’s constitutional claim of equality Liberty and freedom is beyond the formal and textual meanings of the constitution of India. The power of judicial review within the constitutional schemes and the role of the judiciary in testing constitutional aspirations against the real-life situations of women are important components of constitutionalism. It is in this context that some landmark rulings which served to break traditional barriers and secured the rights of women beyond the assurance of formal equality and protected women’s right to life, liberty, and dignity’ – Flavia Agnes, Women Rights Activist and Lawyer.
REFERENCE:
- Law, Justice, and Gender: Family Law and Constitutional Provisions in India -Book by Flavia Agnes
- Amato PR. The Consequences of Divorce for Adults and Children. Journal of Marriage and the Family. 2000;62(November):1269–1287. [Google Scholar]
- Blomquist JM. The Effect of the Divorce Experience on Spiritual Growth. Pastoral Psychology. 1985;34(2):82–91. [Google Scholar]
- Musick MA. Religion and Subjective Health Among Black and White Elders. Journal of Health and Social Behavior. 1996;37(3):221–237. [PubMed] [Google Scholar]
- Booth A, White L. Thinking About Divorce. Journal of Marriage and the Family. 1980;42(3):605–616. [Google Scholar]
[1]https://www.brandeis.edu/now/2018/december/divorce-judaism-fishbayn%20.html#:~:text=Judaism%20view%20divorce%3A-,Reform,-The%20movement%20recognizes
[2]https://www.pewresearch.org/religion/religious-landscape-study/marital-status/divorcedseparated/
[3]https://www.pewresearch.org/short-reads/2017/04/05/christians-remain-worlds-largest-religious-group-but-they-are-declining-in-europe/
[4]https://www.pewresearch.org/religion/religious-landscape-study/marital-status/divorcedseparated/#:~:text=hindu
[5]https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2857783/#:~:text=religious%20affiliation%20reduced
[6] http://www.scconline.com/DocumentLink/4q9k3pSM
[7] https://indiankanoon.org/doc/162566950/
[8] https://indiankanoon.org/doc/402156/
[9] Sarla Mudgal v/s Union of India AIR 1995 SC 1531
