Divorce as a Social-Legal Process Proximate Analyzer Indonesia





Family is a complex and dynamic institution in India. Families in India are undergoing major changes such as increasing rates of divorce and separation, domestic violence, intergenerational conflict, and social problems of elderly parents.

In contemporary research, divorce and remarriage are seen not as a single, static event, but as part of a series of transitions, modifying the lives of children. In addition to the divorce trauma itself, the transition related to divorce often involves geographical displacement, the addition of siblings and new family members.

Definition of divorce:

Divorce - self-defense or total - is the dissolution of marriage with a court decision. Partial dissolution is a "divorce from bed," a judicial separation decree, making parties officially married while prohibiting living together. The total dissolution of legal marriage bonds is what is now generally meant by divorce. It must be distinguished from the decree on the annulment of marriage, or the cancellation, which is a court finding that there has never been a legal marriage.

According to the Hindu Marriage Act, 1955, 'any marriage celebrated, either before or after the start of this Law, can, on a petition submitted by a husband or wife, be dissolved with a divorce letter11 on the grounds mentioned here.

Among Hindus, who formed major religious groups in India, marriage is considered a permanent, lifelong, and sacred union. For a Hindu in general, a Hindu woman in particular, marriage is a sacrament and therefore cannot be solved. Divorce is an unknown phenomenon among Hindus before the adoption of the Hindu Marriage Act, 1955 and the Special Marriage Act 1954. The amendment to the Hindu Marriage Act in 1976 was an improvement from the previous law relating to marriage and proximate analyzer indonesia made divorce more easy. There are certain matrimonial violations, which make the aggrieved couple submit divorce claims, available under the marriage law. This is cruelty, adultery and bigamy. Divorce with mutual consent is available under the Hindu Marriage Act, 1955.

The Hindu Marriage Act, 1955 distinguishes the concept of 'divorce' from other concepts such as separation, desertion3 and cancellation4. Divorce is the process by which a marriage, which is recognized as valid, can be revoked during the life of a partner who then returns to being single and is free to remarry.

But in reality, divorce is a major life transition that has far-reaching social, psychological, legal, personal, economic, and parental consequences. The nature of divorce as a socio-legal phenomenon is very interesting and enigmatic. This research is an attempt to study the persuasive power of social factors in determining divorce status.

Literature survey:

A number of studies in sociological literature in the west have examined and analyzed the phenomenon of divorce and its implications. In India, many studies of divorce have been documented, although on a lower scale compared to the west. The main reason for the limited number of empirical studies about divorce in India, is the lower divorce rate, and the lack of adequate data [Amato, 1994]. It has been found that various studies related to marriage, family and divorce have been carried out at various time periods. These studies, although offering vital insights into the subject, limit their scope to demographic factors and causes of divorce; the "pre-divorce" stage, which is an important determinant of the "divorce process", has not received adequate attention.

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