Synopsis_Development of Law of Divorce
Content
1. Introduction: Establishing whether parental divorce has a causal negative effect on children’s outcomes is a crucial issue for the evaluation of divorce and family laws. Several states in the India have recently started tightening divorce requirements, reversing the liberalizing trend in divorce laws that began around 1970. The proponents of tightening the divorce regime often argue that making divorce easier has negative consequences for children. However, as pointed out by Gruber (2000), this argument relies on three implicit suppositions. First, that easier divorce regulations cause an increase of divorce rates. Empirical work on this supposition has reached mixed conclusions: while Friedberger (1998) ends that there is an impact of unilateral divorce on divorce rates in the India, the evidence presented by Wolfers (2003) indicates that the increase in divorce rates is only transitional, disappearing after a decade. Second, that change in divorce regulation only has an impact on families and children through their effect on the propensity to divorce. The third supposition that drives criticism of easier divorce regulations, on which this paper focuses, is that divorce has an adverse impact on children. There is an enormous literature that ends that experiencing parental divorce is negatively related to a wide variety of children’s outcomes such as educational attainment, fertility choices (specially non-marital birth during teenage years), future earnings, employment status and welfare resiliency among others (many of these studies are reviewed in Amato and Keith 1991, and Haveman and Wolfe 1995). However, this large literature can hardly be interpreted causally because divorce is associated with socioeconomic characteristics that also determine children’s attainments. For instance, there is a negative relationship between divorce and men’s earning ability (Sander 1986).Several studies have stressed the difficulties associated with the endogenously of parental divorce. Manski et al. (1992) present and interpret alternative estimates of the effect of family structure on high school graduation, obtained under diverging assumptions about the process generating family structure and high school outcomes. Sandefur and Wells (1997) use sibling data to control for unmeasured characteristics of families that are common to siblings. Corak (2001) assumes that parental loss by death is exogenous and argues that children with a bereaved background over a benchmark to assess the endogenously of parental loss through divorce, considering that any deference between the outcomes of individuals
from bereaved and divorced backgrounds represents the consequences of an endogenously bias. In a related paper, Lang and Zagorsky (2001) also consider parental death as an exogenous source of parental absence. Gruber (2000) states that .what is required to appropriately identify the impact of divorce is an exogenous instrument that causes some families to divorce and others not, based on a factor independent of the determinants of their children’s outcomes.(p. 10). However, a valid instrument is hard to context and not even changes in divorce laws could be considered as such if, as suggested by Stevenson and Wolfers (2003), changes in divorce regimes may directly affect the nature of intra family bargaining, with potential implications for children’s outcomes. In this paper, we expand the existing empirical literature on the consequences of parental divorce in two important ways. First, we use data from the National Education Longitudinal Study of 1988 to examine the causal relation between parental divorce and adolescents. Cognitive development as measured on standardized tests. Test scores are often used to evaluate the performance of students, teachers and schools. Moreover, several recent studies have shown that test scores of adolescents are associated with future wages. 2. Hypothesis: H1: Law of Divorce is highly structured and effective in India however the process of divorce is slow. H0: Law of Divorce is not structured and effective in India. 3. Objectives and aims The aim of this research is to understand the effectiveness of law of divorce by evaluating its development in India. With this view, the research will achieve the following research objectives: • • To understand the recent developments of law of divorce in India To evaluate its effectiveness and how it is structured
• •
To understand the constitutions that have been made so far in the development of law of divorce To assess the completeness of the law of divorce by comparing it with laws of other countries.
4. Literature Review: The very counter word for marriage is divorce. Divorce is the legal separation of two spouses by bringing an end to the vows that they took during the sacred ceremony of marriage. The divorce procedure differs from one governmental jurisdiction to another. In India divorce is still a major social taboo and divorce seekers have to undergo several ordeals in order to get separated from each other. Unlike western countries like USA and Sweden, the divorce rate is significantly low in India. In earlier days, in spite of existence of radical disparity between spouses, either of the two was expected to compromise with the other so that their marital bonding survives. In most cases women were forced to adjust with the unbearable post marital conditions for the welfare of the family, the children and even for herself as she was hardly open to any means of earning her own livelihood. With the advancement of time, spread of education and campaigns of human rights activists, divorce has become a way to break free from the marital clutches for many women. Couples facing difficulties in equating there levels of compatibility are now filing for divorce in order to renew their life afresh. In fact, the rate of divorce is rapidly rising in the Indian metropolis. If you are intending to get a divorce from your spouse, this site will certainly suffice all your inquisitions regarding divorce. Divorce in India is a long legal procedure, whose period of prosecution takes at least six months. The divorce procedure varies from the marriage acts of one personal law to another. All Hindus including Sikhs, Buddhists and Jains can seek divorce under Hindu Marriage Act. Whereas communities like Parsi, Christians, Muslims, have their own laws related to divorce. For example, Christians divorce laws are regulated by the Indian Divorce Act, 1869, and that of a Parsi by Parsi
Marriage and Divorce Act, 1936. Inter community marriages are governed by Special Marriage Act, 1956. This website will enable you to collect substantial information regarding various details of filing for divorce. While contesting for or mutually agreeing with the divorce, you may seek assistance from the site regarding several divorce related affairs like alimony, child support and grounds for divorce. For NRI divorce seekers, this website will be quite useful while gaining information regarding the laws concerning the NRI divorce procedures. To get to know about hiring lawyers to dealing with divorce, explore the entire indidivorce.com in order to understand the dynamics of divorce in India. Though several laws have been passed with the progress of time, the divorce procedure in India is still complex and you will have to contest the divorce for several months. The Indian judicial law believes that the extended time span might workout well for the couple to reconsider their marriage and hence, a marriage will be saved from being dissolved forever. Mutual Divorce is to be filed by the couple only after they have lived apart for at least a year. A petition supported with affidavits for divorce should be filed in the district court by the both the spouses. The husband and the wife should jointly state to the court that they are unable to live together as they are facing immense difficulties in adjustment. The filing of divorce petition by both the husband and the wife is legally known as the "The First Motion Petition for Mutual Consent Divorce". "The Second Motion Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears to the court for the second time after a period of six months. If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree. If the couple fails to appear in the court after six months and not later than eighteen months from the date of first motion, the divorce petition becomes null and void. Either of the couple can withdraw his/her petition within the six months term.
A judgment for mutual divorce is passed out only if all the necessary agreements required for a mutual divorce in India are strictly maintained. The husband and the wife should come to terms of settlement regarding the following issues.
• • • •
Custody of Child Return of Dowry Articles / Istridhan of Wife Lump Sum Maintenance Amount of Wife Litigation Expenses
For a mutual divorce in India, we would always suggest you to consult an experienced lawyer who will effectively guide you to get the divorce through a mutual agreement done between you and your spouse.
5. Research methodology: 6. Chapterisation: Chapter 1: Introduction This chapter will include brief introduction about the research including the siginificance of the research, rationale of the research and aims & obejectives of the research. Chapter 2: Literature Review This chapter will include the detailed view of different authors and critical analysis of the researches that has been conducted so far. Chapter 3: Research Methodology This chapter will include the detailed discussion of the research methods that has been used by the researcher for conducting this research study. Chapter 4: Data Analysis and Findings This chapter will includes the analysis of the data that has been captured in this research and findings of the research
Chapter 5: Conclusion and Recommendation This chapter will include the conclusion and recommendation which will be made based on the analysis and findings of the research. 7. Conclusion and Suggestions The present society treats men and women equal, as a result the burden of alimony can now fall upon either side of the party depending upon the financial circumstances of the spouses. Though in the present age of equality both men and women are now equal in the eyes of law, in practice men are more liable to provide interim support to their ex spouse during the litigation procedure. The concept of alimony came in vogue due to the indissolubility nature of marriage. According to marriage conventions marriage is a sacred union. Once the knot is tied, the duties and obligations of marriage are to be carried out for the rest of the life even if there is mental disparity or physical separation between the husband and the wife. The husband is bound to take up the responsibilities for the maintenance of his wife in spite of sharing an estranged relationship. As time changed, the laws and education empowered woman, divorce came as a spontaneous solution for an unsuccessful marriage.
from bereaved and divorced backgrounds represents the consequences of an endogenously bias. In a related paper, Lang and Zagorsky (2001) also consider parental death as an exogenous source of parental absence. Gruber (2000) states that .what is required to appropriately identify the impact of divorce is an exogenous instrument that causes some families to divorce and others not, based on a factor independent of the determinants of their children’s outcomes.(p. 10). However, a valid instrument is hard to context and not even changes in divorce laws could be considered as such if, as suggested by Stevenson and Wolfers (2003), changes in divorce regimes may directly affect the nature of intra family bargaining, with potential implications for children’s outcomes. In this paper, we expand the existing empirical literature on the consequences of parental divorce in two important ways. First, we use data from the National Education Longitudinal Study of 1988 to examine the causal relation between parental divorce and adolescents. Cognitive development as measured on standardized tests. Test scores are often used to evaluate the performance of students, teachers and schools. Moreover, several recent studies have shown that test scores of adolescents are associated with future wages. 2. Hypothesis: H1: Law of Divorce is highly structured and effective in India however the process of divorce is slow. H0: Law of Divorce is not structured and effective in India. 3. Objectives and aims The aim of this research is to understand the effectiveness of law of divorce by evaluating its development in India. With this view, the research will achieve the following research objectives: • • To understand the recent developments of law of divorce in India To evaluate its effectiveness and how it is structured
• •
To understand the constitutions that have been made so far in the development of law of divorce To assess the completeness of the law of divorce by comparing it with laws of other countries.
4. Literature Review: The very counter word for marriage is divorce. Divorce is the legal separation of two spouses by bringing an end to the vows that they took during the sacred ceremony of marriage. The divorce procedure differs from one governmental jurisdiction to another. In India divorce is still a major social taboo and divorce seekers have to undergo several ordeals in order to get separated from each other. Unlike western countries like USA and Sweden, the divorce rate is significantly low in India. In earlier days, in spite of existence of radical disparity between spouses, either of the two was expected to compromise with the other so that their marital bonding survives. In most cases women were forced to adjust with the unbearable post marital conditions for the welfare of the family, the children and even for herself as she was hardly open to any means of earning her own livelihood. With the advancement of time, spread of education and campaigns of human rights activists, divorce has become a way to break free from the marital clutches for many women. Couples facing difficulties in equating there levels of compatibility are now filing for divorce in order to renew their life afresh. In fact, the rate of divorce is rapidly rising in the Indian metropolis. If you are intending to get a divorce from your spouse, this site will certainly suffice all your inquisitions regarding divorce. Divorce in India is a long legal procedure, whose period of prosecution takes at least six months. The divorce procedure varies from the marriage acts of one personal law to another. All Hindus including Sikhs, Buddhists and Jains can seek divorce under Hindu Marriage Act. Whereas communities like Parsi, Christians, Muslims, have their own laws related to divorce. For example, Christians divorce laws are regulated by the Indian Divorce Act, 1869, and that of a Parsi by Parsi
Marriage and Divorce Act, 1936. Inter community marriages are governed by Special Marriage Act, 1956. This website will enable you to collect substantial information regarding various details of filing for divorce. While contesting for or mutually agreeing with the divorce, you may seek assistance from the site regarding several divorce related affairs like alimony, child support and grounds for divorce. For NRI divorce seekers, this website will be quite useful while gaining information regarding the laws concerning the NRI divorce procedures. To get to know about hiring lawyers to dealing with divorce, explore the entire indidivorce.com in order to understand the dynamics of divorce in India. Though several laws have been passed with the progress of time, the divorce procedure in India is still complex and you will have to contest the divorce for several months. The Indian judicial law believes that the extended time span might workout well for the couple to reconsider their marriage and hence, a marriage will be saved from being dissolved forever. Mutual Divorce is to be filed by the couple only after they have lived apart for at least a year. A petition supported with affidavits for divorce should be filed in the district court by the both the spouses. The husband and the wife should jointly state to the court that they are unable to live together as they are facing immense difficulties in adjustment. The filing of divorce petition by both the husband and the wife is legally known as the "The First Motion Petition for Mutual Consent Divorce". "The Second Motion Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears to the court for the second time after a period of six months. If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree. If the couple fails to appear in the court after six months and not later than eighteen months from the date of first motion, the divorce petition becomes null and void. Either of the couple can withdraw his/her petition within the six months term.
A judgment for mutual divorce is passed out only if all the necessary agreements required for a mutual divorce in India are strictly maintained. The husband and the wife should come to terms of settlement regarding the following issues.
• • • •
Custody of Child Return of Dowry Articles / Istridhan of Wife Lump Sum Maintenance Amount of Wife Litigation Expenses
For a mutual divorce in India, we would always suggest you to consult an experienced lawyer who will effectively guide you to get the divorce through a mutual agreement done between you and your spouse.
5. Research methodology: 6. Chapterisation: Chapter 1: Introduction This chapter will include brief introduction about the research including the siginificance of the research, rationale of the research and aims & obejectives of the research. Chapter 2: Literature Review This chapter will include the detailed view of different authors and critical analysis of the researches that has been conducted so far. Chapter 3: Research Methodology This chapter will include the detailed discussion of the research methods that has been used by the researcher for conducting this research study. Chapter 4: Data Analysis and Findings This chapter will includes the analysis of the data that has been captured in this research and findings of the research
Chapter 5: Conclusion and Recommendation This chapter will include the conclusion and recommendation which will be made based on the analysis and findings of the research. 7. Conclusion and Suggestions The present society treats men and women equal, as a result the burden of alimony can now fall upon either side of the party depending upon the financial circumstances of the spouses. Though in the present age of equality both men and women are now equal in the eyes of law, in practice men are more liable to provide interim support to their ex spouse during the litigation procedure. The concept of alimony came in vogue due to the indissolubility nature of marriage. According to marriage conventions marriage is a sacred union. Once the knot is tied, the duties and obligations of marriage are to be carried out for the rest of the life even if there is mental disparity or physical separation between the husband and the wife. The husband is bound to take up the responsibilities for the maintenance of his wife in spite of sharing an estranged relationship. As time changed, the laws and education empowered woman, divorce came as a spontaneous solution for an unsuccessful marriage.
