Much has been written about divorce being on the rise in , sometimes accompanied by hand-wringing about the egos and inflexibility of younger couples, who seem less willing than their parents to stay in marriages they are not happy with.
National statistics don’t exist on divorce in , but some local records do show a rise. Still, some experts say the divorce rate in continues to be artificially low, because of how biased the system is against women, who can be left financially destitute even if their husband is wealthy.
“Divorce rates have not increased as much as they should have, ” said Kirti Singh, who practices family and property law in .
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The government is likely to consider a proposal later this week to amend the existing marriage laws in . The amendment seeks to introduce the irretrievable breakdown of marriage, as a basis for couples to seek divorce. It also proposes to waive or reduce the “cooling-off period, ” or mandatory waiting period before divorce can be granted, which can be six to 18 months. The Marriage Laws (Amendment) Bill 2010 was first introduced in the upper house of Parliament, or Rajya Sabha, in August 2010.
Ms. Singh, who says she has fought “thousands” of divorce cases in her 31-year career, is part of a group that proposes even more significant changes to ’s marital laws, including the introduction of a new legislation which will give women the right to marital property. If this legislation is passed, “women will become equal owners of property, ” she said. “Within the existing system there is no such option for women.”
Women in stay in failing marriages for many reasons, Ms. Singh said. Most of these emanate from the social and financial pressures that divorced women are left to face. The courts can take several years to settle a case and often women cannot afford the several rounds of litigation involved. Even if a woman does go to the court, in most cases it is an “uneven fight” between a man and a woman, she said.
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Under the n legal system, a separation or divorce entitles a woman to “maintenance” from her spouse, in the form of financial support. The amount requires authorization from a court and is based on the income of the man. But it is the woman who has to produce evidence of her spouse’s earnings before the court.
In , where tax authorities estimate just 3 percent of the population pays personal income tax, and “black money” or under-the-table cash is common, the man’s actual earnings are often hidden, Ms. Singh says. Additionally, the wife may not have access to documents that prove what her husband earns, Ms. Singh says. Even if she does, the maintenance amounts are tiny.
Citing courtroom experience, Ms. Singh says judges generally fix a share of 2 percent to 10 percent of the husband’s annual earnings for maintenance amounts.
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When a woman leaves a marriage, unless she is very well to do, “there is very little left to her, ” to be able to sustain herself, Ms. Singh notes. The property goes to the person in whose name it is, and in most cases assets are in the name of a man, she points out.
While most recent media reports have focused on changing social values behind most divorces, a study authored by Ms. Singh to be published later this year finds more than 80 percent of the more than 400 separated or divorced women surveyed blame “cruelty or domestic violence in their marital homes, ” for their split. Two-thirds of the women surveyed suffered from physical violence.
The most common reasons for domestic violence were “dowry demands, extra-marital affairs or a second marriage of the spouse and the suspicious nature of the spouse, ” the report states. The violence took place even though 87.92 percent of the women lived in extended families.
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The study, called “The Economic Rights & Entitlements of Separated and Divorced Women ,” was conducted by a team of researchers, women’s rights activists and lawyers, for the Economic Research Foundation of between October 2008 and September 2009 and will be published later this year. It surveyed 405 n women who were either separated or divorced or deserted. The women were randomly selected from cities, towns and villages in north, east, south and west of in an attempt to understand what happens to women when marriages fail.
Most women surveyed “did not want a divorce even if they have faced violence in their marital homes as they feel both financially and socially insecure outside the marriage, ” the study finds.
A large number of women “live at the mercy of their husbands during the subsistence of marriage” and even after a separation or divorce they are financially dependent on their natal family, the report states.
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The study points out : “Not giving a divorce is also the only tool that separated women have to negotiate terms of settlement with their spouse as their legal rights are insignificant.” This is corroborated by the statistic, which shows that only 73 out of 405, or 18 percent women surveyed were divorced while 81.7 precent were separated.
In more than 60 percent of the cases, women claimed that marriage affected their career opportunities, because they either could not work after marriage or were able to work in a limited capacity. In about 85 percent of the cases, separated women “bear the burden of looking after their children single-handed.”
’s national elections began April 7 and will continue on nine separate dates until May 12, with results expected to be announced on May 16.
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The vote is the world’s largest, with 814 million eligible voters set to choose 543 members of the lower house of Parliament. The other two seats will be appointed by the president. This election is widely considered to be ’s most consequential since 1977.
In the final stage of a long decline, Hindustan Motors announced in May that it would suspend production of the Ambassador, a car that was once synonymous with style and status.Read more…
This report on from the journalists of The New York Times and a pool of talented writers in and beyond provides unbiased, authoritative reporting on the country and its place in the world. Ink also strives to be a virtual meeting point for discussion of this complex, fast-changing democracy – its politics, economy, culture and everyday life.Most couples married in India often wonder if it is possible to apply for a divorce in the US and if the divorce decree so obtained in the US is valid in India. It is, of course, possible.
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However, the rules will not be the same when foreign laws and processes are involved in the divorce. Whether you’re divorcing in US and trying to get the Indian tribunal to uphold and put into effect your US divorce decree, there are some rules and principles that will be considered.
Before proceeding, let us understand the concept of ‘comity of courts’. This means that tribunals in various countries grant probity to decrees of foreign courts. The understanding being, the tribunals all over the world adjudicate the rights of the parties and therefore, show mutual respect. This principle was first laid by the Court of England and subsequently approved by the Supreme Court of India in Elizabeth Dinshaw v. Arvand M. Dinshaw. The Court recorded the observation that:
“ … it is the duty of all courts in all countries to do all they can to ensure that the wrongdoer does not gain an advantage by his wrongdoing.”
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The Supreme Court of India in another case Alcon Electronics (P) Ltd. v. Celem SA of FOS 34320 Roujan, recorded the following:
The principles of comity of the nation demand us to respect the order of the English Court. Even in regard to an interlocutory order, Indian courts have to give due weight to such order unless it falls under any of the exceptions under Section 13 CPC.…
These are the competing considerations before the Indian tribunals. That is the codified laws and the concept of “comity of courts”. These have to be reconciled by the Indian Courts.
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In a different context, namely, custody of the child, in an inter-country dispute, the Supreme Court of India had occasioned to opine in Ruchi Majoo v. Sanjeev Majoo. It may be clarified that custody of child matter is to be viewed completely differently as against the dissolution of marriage. This is for the reason that in custody of child matters, the welfare of the child is of paramount consideration by the Court.
Since no system of private international law exists that can claim universal recognition on this issue, Indian courts have to decide the issue regarding the validity of the decree in accordance with the Indian law.
The answer is, Yes! The divorce process in the US is confusing and cannot be worked out on your own. Hiring an US attorney can help protect your interests and assist you in making sure you follow all the rules applicable to divorce proceedings in the US.
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