India’s divorce system needs urgent reform to address the needs of the modern families. The century old law has failed to align with modern societal realities and to prioritize the mental health and well-being of families.
We call to end the blame game in divorce proceeding by promoting the amicable solutions.
The current practice in divorce fuels cycle of blame on each other during proceedings. Such practice of law and legal system has completely denied the concept of “end of marriage with dignity”, however the model should have prioritized amicable separations and no-fault divorce but it promotes fosters a bitter and lifelong battle.
The existing divorce model follows a fault-based grounds such as adultery, desertion, or cruelty which requires trial to prove the allegation which essentially leads to prolonged and acrimonious legal battles that inflict immense emotional and financial distress, particularly on men and children. When young individuals are entangled in contentious legal disputes over failed relationships, it affects their personal development and lead to depression, ultimately affecting the nation’s growth.
“The divorce model, instead of promoting the amicable separations, the current system incentivizes blame games and encourages a culture of litigation which not only exacerbates existing tensions but also creates significant barriers to healing and moving forward.”, Kumar S Ratan Men’s and Child Rights Activist
This fault-based divorces typically run for average 4-6 years, often starting with criminal cases like “Dowry Harassment” against men. These cases are followed by multiple mediation sessions, frequently dominated by financial settlements. Such practices further erode the dignity of marriage dissolution and perpetuate a cycle of conflict.
The Proposed Models:
• No-Fault Divorce: to shift towards a no-fault divorce system, where the irretrievable breakdown of a marriage (IRBM) is sufficient grounds for separation, would allow couples to end their relationships with dignity and minimize the trauma associated with the process. This approach would prioritize the well-being of all parties involved, particularly children, by facilitating smoother transitions and reducing the potential for prolonged conflict.
• Prenuptial Agreements: Recognizing the evolving nature of modern relationships, the legal framework should accommodate Prenuptial Agreements. These agreements can help couples establish clear expectations regarding finances, assets, and responsibilities before marriage, reducing the potential for disputes during divorce proceedings.
Highlighting the Plight of Parents:
The current system often leaves parents, particularly fathers, feeling alienated from their children. Cases like that of Atul Subhas, who did not have the access to his child since the age of three months of the kid, and Alok Mittal case, who has only seen his child for a brief period 9-days, are tragically common. These heartbreaking situations highlight the urgent need for reforms that prioritize the best interests of children and ensure that both parents have meaningful roles in their lives.
Call to Action:
Lawmakers must recognize the limitations of the current divorce laws and take immediate steps to modernize the system. This includes:
• Introducing a no-fault divorce ground.
• Prioritizing the best interests of children in all divorce proceedings.
• Implementing measures to facilitate amicable settlements and reduce the need for lengthy court battles.
• Ensuring Joint parental rights and responsibilities.
• Recognizing and upholding the validity of Prenuptial Agreements.
By these reforms, India can create a divorce system that is more just, compassionate, and better equipped to support families in navigating the complexities of separation.
