The case of Bengaluru IT engineer Atul Subhash's suicide has sparked discussion. On December 9, Atul took his own life. He held his wife, Nikita Singhania, her mother Nisha Singhania, her brother Anurag Singhania, and uncle Sushil Singhania responsible for his death. Atul accused them of constantly demanding money since the marriage.
Atul and Nikita married in 2019 and have a son. However, they have been living separately for a year after marriage.
Before his death, Atul posted a video lasting about an hour and a half, explaining that Nikita and her family had filed several false cases against him. The divorce process was ongoing between Atul and Nikita, alongside discussions about alimony. Their case was in the Jaunpur family court.
After Atul Subhash's case came to light, there are voices pointing out flaws in divorce laws. In Indian society, divorce is still considered undesirable, yet millions of divorce cases are filed in courts each year.
Are Divorce Cases Increasing in India?
After independence, the Hindu Code Bill emerged in the 1950s, granting women the right to divorce. In 1976, the law was amended to allow mutual consent for divorce.
Unlike the U.S. and European countries, Indian society doesn't traditionally accept divorce or living separately after marriage well. However, divorce cases have increased over time.
The last official data from the 2011 census showed over 1.36 million divorced individuals in India, constituting 0.11% of the total population. The number of divorced women was almost double that of men. While there were 452,000 divorced men, there were over 909,000 divorced women.
More surprising was that three times as many people, totaling over 3.53 million, lived separately post-marriage. Women were predominant in this group, with about 2.4 million living apart from husbands.
Statistics also show more divorced individuals in villages than in cities, with 858,000 compared to 504,000 in cities. Moreover, approximately 2.4 million in villages lived apart from their spouses without divorce.
Source: aajtak
The 2001 census reported over 3.33 million divorced or separated individuals. By 2011, this number had surged to over 5 million.
Divorce or separation matters in India are typically resolved in family courts. According to the government, there are over 800 such courts nationwide handling cases of divorce, separation, alimony, property disputes between spouses, and child custody.
Data indicates a continuous rise in cases at family courts. By the end of 2023, 1.15 million cases were pending.
The government shared data in Parliament in February about cases filed and resolved in family courts. In 2023, family courts resolved 826,000 cases nationwide on average 2,265 cases daily, concerning disputes between spouses. In 2022, they resolved 744,000 cases.
Source: aajtak
Fragile Marriages!
Seventy percent of India's population resides in villages, where divorce, remarriage, and separation are seen as social stigmas. Perhaps this is why many endure hardships to maintain relationships.
Yet, marriages in India are still falling apart. People are unwilling to remain in relationships requiring compromise. Surveys indicate that divorce isn't limited to urban areas anymore.
The Periodic Labour Force Survey (PLFS) in 2023-24 showed that 0.7% of urban women and 0.5% of men were divorced.
Source: aajtak
Despite growing divorce cases and increasing marital conflicts, India's divorce rate remains the lowest. The country sees a divorce rate of around 1%, meaning only 1% of 1,000 marriages result in divorce.
According to World Bank and OECD reports, Portugal holds the highest divorce rate at 92%, with European nations leading in high divorce rates. The U.S. ranks 19th globally with a 45% divorce rate.
Source: aajtak
In Conclusion, What Does the Law Say About Divorce?
The Hindu Marriage Act applies to Hindus, Sikhs, Jains, and Buddhists, with Section 13 outlining grounds for divorce.
Section 13B describes mutual consent divorce, permissible after a year of marriage. It mandates a six-month reconciliation period, post which, if unresolved, divorce is granted.
In May last year, the Supreme Court ruled that if marriages are beyond repair and both parties agree, the waiting period may be waived, expediting the divorce process.
Similarly, Muslims and Christians observe their respective personal laws for marriage and divorce regulations.
