Author: Dr. N. Nisha Devi, Ph.D (Law), Assistant Professor, Government Law College, Chengalpattu.
ABSTRACT
Marriage is the most essential institution of a society. Contemporarily, the chasing nature of “Divorce” is an alarming factor. The Socio-Legal causes and consequences are majorly due to the social stimuli and violation of legislations which are enacted to protect the contract of marriage legally. In this paper, the major area of focus is about the considering divorce as a anti-institutional body especially with various references to the state of Tamil Nadu. Our secondary point of concern is about various Statutes that govern the divorce proceedings. Lights have been thrown on the hidden grounds of divorce that are not mentioned in the divorce laws but are prevalent in today’s society and advocates that as society evolves, the law of the land should also evolve. Aftermath, our paper focuses on the alternate remedies that can be a first-aid in solving the legal disputes among married individuals by recommending the practice of mediation, either by their own family members or by the legal experts who can provide psychological counseling along with the intent to retain the married couple’s familial bond. Further, various proceedings by the High court of Tamil Nadu are explained, where the dissolution of marriage is seen only as a last resort and not the initial remedy for negligible disputes. The relation between the conjugal stability and legal stability should be viewed seriously with reference to the religious customs and practices that are exercised within the family are analyzed in a reviewing methodology. More legal revolutions have been done by the parliament of India in structuring the divorce and cruelty provisions. Finally, the concept of behavioral influence in violating laws of marriage and the individuals own conscience are discussed and various recommendations are given to eliminate the ego-clash and to retain one’s own legal-social contract.
Keywords: Divorce Laws, Socio-Legal Causes, Conjugal Stability, Ego-Clash, Alimony.
