DIVORCE RATE OF KERALA IN COMPARISON TO OTHER STATES

Divorce was rare in India, only 13 in 1,000 marriages in India used to end in divorce – little more
than 1%. But a few years ago, the divorce rate in India started rising, dramatically, especially in
Kerala and urban areas like Mumbai.

Kerala topped with the highest number of matrimonial disputes pending in family courts as
comparison to other states, with over 52,000 according to data compiled by the Department of
Justice. The data shows that 28 family courts in Kerala disposed of 43,914 cases in 2013, 53,564
in 2014 and 51,288 in 2015. However, the latest data shows that 52,446 cases are still pending in
Kerala in 2016.

Kerala in 2016 replaced Tamil Nadu as the state with the highest number of pending matrimonial
cases. In 2016, Tamil Nadu had 37,618 cases, Bihar whose population is three times that of
Kerala and which has an area twice that of the southern state, had 50,847 cases, Madhya Pradesh
had 46,866 pending cases, Maharashtra had 45,690 cases, Uttar Pradesh, the state with the
highest population, almost seven times that of Kerala’s had 5,466 cases pending in its 76 family
courts – the highest number of such courts for any state.

At the end of 2017, Uttar Pradesh topped number of divorce cases and Kerala stood second,
Uttar Pradesh had 2,64,409 divorce cases pending, Kerala had 61,970 divorce cases pending,
Bihar had 46,735 pending divorce cases, Madhya Pradesh had 41,028 cases, Maharashtra had
35,349 pending cases, followed by Rajasthan, Odisha, Gujarat, Delhi and Karnataka. Tamil
Nadu had 21,672 cases pending in the family courts.

Officials from forums such as the Women’s Commission, Family Courts and counseling centers
are of the opinion that unlike the past, women are increasingly aware of their rights, while the
men are not. This simply means that they are brave enough to stop any kind of harassment or
they don't tolerate and seek legal aid when needed. And also the women are not financially
dependent as, according to the census of 2011, Kerala had the most female literacy. And due to
this reason the women of Kerala had no reason in terms of financial matters in not taking
divorce. The other reasons could be lack of personal hygiene, ego issues due to better salary or
educational qualifications, absence of similar interests and even not getting along with the
partners’ friends.
The situation of women in the state is far better when compared with other states in India. Unlike
other Indian states the percentage of urban population is high in the Kerala and joint families
became a long past. So family got reduced into two individuals and this could be another reason
for divorce.

Also the family court in Kerala aims to promote conciliation and to secure speedy settlement of
disputes, based on non-adversarial and multidisciplinary approach. The following data shows the
District wise cases filed in Kerala.

Also, according to the family courts, mutual consent divorce is also increasing, since the
procedure is very easy and mere consent of the couple was enough for granting a divorce.
Changes in the divorce law allow couples to get a divorce by mutual consent.

Marriage counselling is an alternative to divorce or separation for some couples. Counselling

may also be sought by couples who are in the process of a divorce or separation to help them
deal with the changes and emotions being experienced so that the process is dealt with in a
healthy manner. Such counselling may benefit both, the couple and children.
AGE

Age also plays an important role in divorce, Majority of the females were belonging to the age
group of 20-30 years with a mean age of [28.6±5.3years]. Majority of the males were belonging
to the age group of 31-40 with a mean age of [36.1 ±5.63years]. The divorce rate in the age
group >50 years was only 1.3% among females & 3.2% among males.

The following data shows the divorce rate according to the ages, education and socio economic
status:

GROUNDS OF DIVORCE

There is large disparity between the husbands and wives regarding the views for reasons of their
divorce. The following table shows the reasons for divorce according to their views:
The major reasons quoted by the females were Physical abuse, alcoholism, adjustment problems
with the in-laws and neglect by the husband. According to the males the major problems were
Lack of adjustment of wife with him and his parents, adultery etc.

DIVORCE IN USA AND INDIA

India is one of the lowest ranked country in terms of divorce. The statistics for 2011 shows the
number of divorces granted in India averaged to 100 out of 1,000 or a 10% rate. While the
numbers in 2011 for Americans are at a much higher rate averaging 19.4% and estimates from
reliable resources think approximately half of all current marriages are expected to end in
divorce.

MATRIMONIAL LAWS UNDER AMERICAN LAWS:

United States is comprised of 50 states with each state having its own laws regarding the
marriage and divorce a summary of each state's laws regarding premarital procedures, including
blood tests, waiting periods before marriage, and the like.
There are certain conditions that needs to be fulfilled for marriage under American laws:

 A marriage license issued by the county clerk or clerk of the court.

 Both man and woman are 18 or older, or have the consent of a parent or a judge if younger.
 Proof of immunity or vaccination for certain disease.
 Proof of the termination of any prior marriages by death, judgment of dissolution (divorce) or
annulment.
 Sufficient mental capacity.
 The couple are not close blood relatives.

MATRIMONIAL LAWS UNDER INDIAN LAWS:

India has a diverse culture, there are different religions and their different customs or laws of
marriage. but here the comparison is just made with Hindu law code

There are certain conditions that needs to be fulfilled for marriage under Hindu law code of
India

 Neither party should have a spouse living at the time of the marriage.
 The parties should be able to give free consent for the marriage.
 Parties should be of sound mind.
 The groom must be at least 21 years old. The bride must be at least 18.
 The parties should not be in a “prohibited’ relationship. E.g. aunts, cousins, uncles, etc.
 The parties should not be “Sapindas” of each other.

DIVORCE UNDER AMERICAN LAWS:

In America there are two basic approaches to divorce :

Fault Based – under the fault based divorce, the petitioner has to show the reasonable ground for
divorce to the court and have to prove it. Fault-based divorces can be contested; evaluation of
offenses may involve allegations of collusion of the parties, or condo nation, connivance, or
provocation by the other party. Contested fault divorces are expensive and not usually practical
as eventually most divorces are granted.
No-Fault Based - No-fault divorce is a divorce in which the dissolution of a marriage requires
neither a showing of wrong-doing of either party nor any evidentiary proceedings at all. Laws
providing for no-fault divorce allow a family court to grant a divorce in response to a petition by
either party to the marriage, without requiring the petitioner to provide evidence that the
respondent has committed a breach of the marital contract . Since August 2010, all fifty states of
the United States have adopted no-fault divorce laws, with grounds for divorce including
incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.

DIVORCE UNDER INDIAN LAWS

These are the grounds for divorce available in India:

 Adultery
 Cruelty
 Desertion
 Conversion
 Unsoundness of mind & other venereal diseases
 Renunciation of the world
 Not heard alive
 No resumption of cohabitation

DIFFERENCES BETWEEN INDIA AND USA:

 In America, age for marriage is 18 for both the boys and girls but in India it is 21 for boys
and 18 for girls.
 In America, proof for vaccination and immunity against certain diseases is needed. In India,
no such kind of medical test is needed.
 In America, the marriage license is issued before the marriage, but in India, there is no such
thing.
 The American law have certain other grounds for divorce quite different from the Indian
Law.
RECOMMENDATIONS

 Effective communication is the key to successful marriage. Keep your tone and language
productive, not rude and counterproductive.

 Marriage counseling should be taken so as to improve physical and emotional intimacy,

increase communication and establish an overall better connection between spouses.

 In order for a marriage to be healthy so that it can last, these are necessities. It’s absolutely
imperative that you and your spouse spend quality time with one another.

 Couple should be accountable to each other.

 Humans are flawed and they make mistakes. But the more than you accept that as a reality,
the more open you’ll be to not being upset with your spouse when they disappoint you.

 Prioritize your marriage and spouse and express gratitude to one another. Accept each other’s
differences and make decisions together as a team.

 Making a pact with your spouse and forbidding divorce from ever creeping into your
vocabulary.

 There should be Pre-marriage, optional course, called as “Smart Start,” to help them learn the
best ways to manage their new life, including balancing work and home, managing finances,
family relations, etc.

 There should be Family Educational Program, about the role of men and women, fatherhood
and motherhood, parenting children and teenagers, especially if both parents work.
CONCLUSION

"A divorce is like an amputation; you survive, but there’s less of you."

- Margaret Atwood

The beginning of marriage as a necessary social institution was first recognized from a religious
point of view. This view has gradually shifted to that of a civil point of view, while still retaining
the original religious influences. With the change in time the institution of marriage is becoming
more and more vulnerable to frequent breakings due to increasing social and economical
pressures. When there is absence of mutual bonding between husband and wife marriage
becomes more of a burden and only a divorce can put an end to the miseries of such bad
marriages. The consequences of divorce are many and grave. Between birth and death of person,
the most important event in the life is marriage.

Marriage changes the personalities, the attitudes and the life style of men and women. Marriage
is entered into with great hopes and expectations. Divorce is the failure of marital life and,
therefore, it has serious repercussions on the individual, family and community. Many researches
and observations have shown that the negative results of divorce bring about personal, familial
and social disorganization.

Divorce should be prevented unless there is some grave circumstance behind the dissolution of
marriage.
References

1. Choudhary, J.N., Divorce in Indian Society: A Sociological Study of Marriage Disruption

and Role Adjustment 1988.

2. Damle YB (1957): Divorce in Poona District. Society in India.

3. Dhagamwar V (1989): Women and Divorce, Bombay: Somayya.

4. Paras Dhawan (1983): Family Law, New Delhi: Sterling.

5. Girase RD, Haralkar SJ, Mulaje SM, Mangulikar SK: A Study of Socio-de-mographic
Factors Leading to Divorce – A Social Problem. Ntl J Community Med 2016; 7(2):116-120.

6. Scott meltzer. (2011): "Our Divorce Culture: A Durkheimian Perspective", Journal of

Divorce & Remarriage.

7. Beri, B.P., Law of Marriage and Divorce in India, 1982, Eastern Book Co., Lucknow.

8. Vasudevan Bindhu, causes of divorce: a descriptive study from central Kerala.

9. Chacko Elizabeth, Marriage, development, and the status of women in Kerala, India.

10. Amato Paul R., The Impact of Divorce on Men and Women in India and The United States.

11. Gulati Leela, Age of Marriage of Women and Population Growth.