Page 207 - DSOC402_SOCIOLOGY_OF_KINSHIP_ENGLISH

Unit 26: Family Problems: Violence in Families, Desertion and Divorce

26.3 Problems of Divorce Notes
The social and legal end of married relations of husband and wife is known as Divorce. It is the
symbol of non-adjustment and failure of married and family life. This means, those motives, for
which the marriage was arranged, have not been fulfilled. It is a sorry state of affairs, an end to
trust, a state of wreckage of vows and attachment. In this matter, a partner estimates the other
one and the one who is rejected, feels humiliated and suppressed. His/her ego gets hurt. It is
also a legal, social and family problem.
Hindus expect women to be ‘Pativrata’ and ‘Sati.’ So, the question of woman deserting her
husband does not arise. Doing so is considered unacceptable both socially and religiously,
though there had been cases of separation (divorce) during the Vedic period. Manu, Narada,
Vrihaspati, Parashar too, allowed widow remarriage in some circumstances. Manu supported
second marriage in case of infertility of woman, death of children or daughters only and
quarrelsome woman (wife). Kautilya too favoured second marriage for the husband, if he faced
similar circumstances.
A woman who remarries during her husband’s life is called ‘Punarbhu.’ Kautilya allows a
women to desert her husband in case, he is bad-charactered, has been living abroad since a long
time, is ungrateful towards his family and friends, is an outcast from society or poses a threat
to his wife’s life. Enmity too, may be a reason for separation. Narada and Parasher too, have
allowed woman to look for a second husband, in case the husband is impotent, missing, dead,
renounced the world or is an outcast from society.
But since the beginning of the christ era, separation was considered to be anti-religious, impure
and an act of hatred. After a period, it almost stopped. One thousand years after Christ, the no-
tion that ‘Kanyadan’ (a marriage ritual where the bride’s father gives his daughter’s hand to the
prospective groom in front of holy fire) can be performed only once, became strong and that, no
matter how had charactered or violent a husband, he could not be deserted.

Causes of Divorce
According to the religious scriptures, separation can be allowed in case, the husband is impo-
tent, the woman is infertile or has daughters only, is bad charactered or quarrel some. Damley,
Fonseka and Chowdhary have studied the reasons for separation.
According to Damley, the major reasons for separation have been the conflicts between hus-
band and wife, lack of adjustment in the family, harassment by husband, quarrel with in-laws,
infertility of wife, immorality of husband or wife. Husband’s irresponsible behaviour towards
fulfilling family responsibilities due to illness or nature, imprisonment of husband, etc.
Fonseka has found that the prominent factors for separation are—deserting and violence
(69.1%), infidelity (20%), impotent (8.3%), etc.

State the reasons for divorce.

Hindu Marriage Act, 1955
The Hindu Marriage Act was enforced on 18th May, 1955 on all (Hindus-including Jains, Bud-
dhists and Sikks) the citizens residing in India (except Jammu and Kashmir). By this Act, all the
previous Acts passed earlier, were dissolved and a single Act was enforced on all citizens. This
Act recognises the various rituals performed during a Hindu Marriage. It also guarantees the
right to marriage and divorce, to men and women of all castes. The major factors of this Act are
as follows—

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