NAVIGATING THE AGGREGATION IN MARRIAGE AND DIVORCE
INTRODUCTION
In India, marriage is considered a sacrament rather than a contractual agreement between two people in love. Both parties give equal consent to be a part of each other's lives. Nowadays divorce is a trending sensation where every single day we hear about divorce cases getting filed in courts for a minute inconvenience or any other problem that aggregated the situation that occurs in day-to-day lives which leads to broken homes and affects a person's mental health and unstable future for the children came out of wedlock.
WHAT IS THE ROLE OF A MARRIAGE?
Marriage plays a crucial role in society. Each spouse has a delegated role and responsibilities towards each other and towards the family, which need to be met by providing shelter, food, clothing, safety, etc. Marriage has many roles which include building a family and providing a healthy environment for children and learning culture and morals. Marriages provide emotional security which symbolizes love, trust, and companionship between spouses which helps in preserving property in marriages and cultural practices for the continuation of societal traditions and economic needs that are redeemed through a marriage and better guidance for children to make their institution and stronger and looks towards society in wider views.
UNDERSTANDING MARRIAGE LAWS:
Legal requirements for a marriage:
- Age: Both parties must be at a legal age to get married where the girl should be 18 and the boy should be 21 to get married legally.
- Consent: Both individuals must have consent for the marriage
- Legal capacity: Neither of the parties should be married to the other person currently (Monogamy).
- Marriage License: A marriage certificate from the authorities is mandatory.
- Marriage Ceremony: A recognized official or religious figure must solemnize the marriage.
In India marriage is governed by different laws, depending on religion, customs, and personal beliefs.
These laws include:
- Hindu Marriage Act, 1955: Governs Hindus, Buddhists, Sikhs and Jains.
- Special Marriage Act, 1954: Applicable for interfaith or civil marriages.
- Christian Marriage Act, 1872: Regulates Christian marriages.
- Muslim Personal Law (Shariat) Application Act, 1937: Governs Muslim marriages
THE REASON BEHIND MARRIAGE FAILURES
Grasping the factors that contribute to the breakdown of marriages is essential for those dealing with the intricacies of marital relationships and separation. In the present climate, divorce has gained a lot of increased social acceptance because of changes in lifestyle and financial independence as women are financially stable they don’t want to be stuck in unhappy marriages and pursue to be a part of unhealthy relationships where their basic needs are not accepted and have to face mental stress due to the societal pressure and internal pressure coming from the peer groups whereas similar case goes for men in the society as well as they also have to face peer pressure from the society where they go through vague allegations from their spouses which affect them mentally and also the family and children out of wedlock get affected by the separation of their parents.
A recent case study as we are all familiar with Atul Subhash’s case who allegedly died by suicide in Bangalore he was an IT Professional and because of long-term harassment from his wife and relatives has raised so many questions about where society is divided into different views regarding the mental stress towards spouses in the society and the equity that is not given to the husbands which lead to mental harassments which raises a question on the justice that has been prevailing in the society where there is no integrity and morality towards men and vice a versa cases in women as well that we see in the courts or hears them in news channels like through how social media can influence the vast number of users and creates divided opinions that influence the ideology and the judgment of the society that has been prevailed.
There are two main types of divorce: Contested Divorce and Mutual Consent Divorce.
Contested Divorce: In this only one party agrees to file for a divorce where the other is not in favor of the divorce so they file for a contested divorce which can be for many reasons such as adultery, desertion, cruelty, mental illness, or different other reasons to file for a divorce.
Mutual Divorce: In this, both mutually agree to file for a joint petition and issues such as child custody, alimony, property, etc.
COMMON REASONS FOR MARITAL ISSUES
- Lack of Communication
It is very normal to fight with your loved ones and it is important to understand that constant arguing and conflicts lead to gaps between the parties because of poor dialogue, and miscommunication where there is no honest and open communication between them which leads to building a bridge between them as there is a lot of tension that creates and affects the partner psychologically and emotionally.
- Infidelity
As we started adapting to Western culture expeditiously where cheating and gaining trust issues became common which led to broken marriages and broken homes and the child out of wedlock gets affected mentally as he/she doesn’t get a sufficient amount of nourishment and care which leaves a scar on them forever which leads them to have problems in creating a genuine relationship with people in the society which often leads to mental health problems to children and the aggrieved person.
- Financial Problems
Human’s basic needs are food, shelter, nourishment, and necessities that can be attained through money and fulfill the requirements of a person. When the family is not financially stable it causes issues in strengthening the family as due to financial problems lead to stress between the partners when there is a stable income to feed the family and to provide them necessities which leads to comparison by the partner to with other peers in the society which increase the high chances of divorce and mental health problems.
- Psychological Factors and Emotional Factors
Psychological factors lead to various predicaments in a marriage as well as between the partners because of numerous reason that leads to marital issues. Today till date in numerous diversed parts of our society marry their children at a young age which causes complications in marriage as they are too young to get married, they don’t understand their basic needs and rights they need to be aware of themselves which gives rise to early pregnancies and not having proper knowledge of growing a better foundation of a family. Society's perspective plays a major role in individual life and always creates problems in a marriage as there is an accumulating amount of societal and external pressure in a marriage which culminates in the breaking of the marriage as it increases communication gaps, not having proper discussions on starting a family, perplexing partners basic needs these all factors leads to broken marriages as nobody wants to tolerate and amount disrespect in a marriage which has no future left after constantly fighting for the bare minimum in a marriage.
- Gender Roles
The patriarchal and stereotypical norms have been set in a society where gender roles are fixed where men are the bread earners of the family and women will take care of the children and the family. As time has changed and society has relinquished there have been changes in society's mindset and changes in the set of norms and culture according to the habitats that have been adopted by today’s generation as women are also given equity-like as men where they are also competing equally men proving their worth that they are also capable of something as we have great examples of women leading the country and crossing every boundary. As there is this diverse change women nowadays are expected to have a booming career as well as they are expected to take care of the family and the child which leads to mental and psychological pressure on them as they have to handle both and there are many cases where husbands do not help their spouses equally by sharing the responsibilities of the family which overloads the burden on one or the other party which leads to economic abuse where the victim tends to isolate themselves which leads to communication gaps and built bridges and stress around the spouses. As day-by-day divorce cases are increasing the fake allegations amongst the parties are proliferating because of which there are false harassment cases or cruelty cases on husbands by their wives to have the alimony or maintenance in the prodigious amount to harass the family in false testimony charges which mentally and physically affects the aggrieved party as he doesn't have evidences to prove these allegations as false charges against him which leads to inequality in the court of justice. As we witnessed this increase in such cases leads to the suicide of the aggrieved party due to mental torture and stress that is created by the wives to gain a sympathetic view towards them. Hence it is a two-sword edge situation where harassment is done in both cases where to date dowry is accepted and women are killed due to dowry deaths or abused sexually, mentally, or psychically under intoxication or in outrageous rage paramount to broken homes.
HOW TO AVOID SUCH MARTIAL ISSUES?
There are numerous ways to anchor a marriage by going slowly and gradually step by step to solve every complexity that occurs severely in a marriage it can be avoided through various means such as by communicating through effective means understanding each other problems and taking equal initiatives in handling responsibilities of the marriage by taking decisions between themselves for their further future to start a family by keeping a proper balance of financial planning for the child and for themselves to have a balance in the marriage. Keeping regular check-ins by creating a safe environment for each other by sharing their emotions and feelings. Going for counseling and therapies for the betterment of a person's mental and physical health. As society norms change rapidly time and technology adapt that lifestyle to keep up with the people and peer groups in society and have financial independence so that there is equity in roles and have financial independence which enhances in social acceptance and turns it into optimistic behavior for the betterment of the family. The spouses should plump for mediation courts rather than directly running to courts to file a divorce case in the family courts.
CONCLUSION
Marriage represents a multifaceted and dynamic institution that demands ongoing negotiation and adjustment. The combination of emotional, financial, legal, and societal elements within a marital partnership highlights the importance of open communication, empathy, and a shared dedication to development. When obstacles occur, it is crucial to tackle them with a mixture of compassion and practicality. In situations where divorce becomes the unavoidable choice, handling the aggregation of challenges with respect and fairness can lessen disputes and promote healing. Legal structures and support systems are vital in ensuring just outcomes while protecting the rights and well-being of everyone involved, especially children. In the end, the aggregation in marriage and divorce illustrates the complex interactions of human relationships. By emphasizing understanding, respect, and a spirit of collaboration, individuals can traverse this path with resilience and dignity, whether they are nurturing a marriage or bringing one to a close.
Achieving gender equality in marriage and divorce is a crucial element for a just and equitable society. Equal partnership in marriage allows both individuals to follow their dreams, share duties, and enjoy reciprocal respect. It confronts conventional gender roles and fosters relationships based on collaborative decision-making, financial openness, and emotional mutuality. In the context of divorce, gender equality protects the rights of both partners, ensuring fairness in asset distribution, custody decisions, and spousal support. Effective legal systems and progressive policies are vital to eliminating biases that may disproportionately affect one gender during these processes. Realizing genuine gender equality in marriage and divorce demands a collective effort to transform social norms, improve legal structures, and promote educational initiatives about equitable relationships. When equality is adopted, marriages are fortified, and divorces transform into opportunities for resolution rather than conflicts of unfairness. This aspiration not only elevates individuals but also enhances the foundation of families and communities.