CHAPTER -1

RESEARCH ON INCREASING DIVORCE IN YOUNG GENERATION AND IT'S

MAJOR REASON WITH SPECIAL REFERENCE TO VILLUPURAM DISTRICT
FAMILY COURT

INTRODUCTION

During the ancient period, people moved around the world to earn a living. They live under
trees because there is no permanent housing for them, but they hunt animals for a living. They
used to have sexual relations when their biological needs or desires called for it. Due to the lack
of a marriage structure, they used to have this urge with any women in their group or other
communities. 1 Regardless of caste, creed, or religion, reproduction is necessary for the world's
life forms, and the institution of marriage emerged in human society to maintain social harmony.
Men were free to have sex with other women at that time, and the marriage system was
established by social leaders and other elders to ensure a stable family and social environment.
Through the cohabitation of a man and a woman, the primary objective and purpose of this
marriage institution is to realize the supreme values of Dharma (obligation in accordance with
law and religion), Arth (economic work and achievement), Kama (love and procreation), and
purusharth (best and noble actions and deeds). These concrete factors determine the idea of
marriage. Additionally, the institution of marriage requires the husband and wife to cohabitate
under one roof and collaborate on common objectives in order to advance the couple's interests.
2 The definitions of marriage include wedlock, the mutual relationship between a husband and
wife, and the institution in which a man and a woman are joined in a particular type of social and
legal relationship with the intention of starting a family. Wedlock, the mutual relationship
between a man and a woman, or the institution in which a man and a woman are joined in a
particular kind of social and legal relationship with the intention of creating a family are all
definitions of marriage. The objectives are to legalize children and support traditional family
life3.

1. Mana Vivaha Vyavastha by Nori Srinadha Venkata Somayajulu, 1990, Kranthi Press, Madras, P-3
2. Shyama charam sarkar; vyavastha chandrika, vol.ii, 480; cf. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005, p.
532, Orient Publishing Company, Allahabad.
3. A.A.A. Fyzee – Outlines of Mohammedan Law, 1999 edn. P.90. Oxford University Press, New Delhi.
4.. Internet Lawyersclub.com article An Overview of Concept of Marriage in Muslim Law, dt.10.01.2010.

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 Consequently, discussing the advantages and downsides of close connections as well as their
possible consequences for society is fundamental. Due to numerous Acts that have been passed
to make it simpler, divorce is now the most popular option for individuals.
India's social life has sped up as a result of globalization and the rise of information
technology. The number of divorces is alarmingly rising. Studies and reviews are completed
from one side of the planet to the other to decide the exact reasons for separation and family
disintegration. Marriage is one of life's most important relationships, and for the majority of
people, going through a divorce can be very upsetting. Pain, unhappiness, depression, dejection,
gloom, a sense of failure, the end of a way of life, and insecurity are frequently signs that a
marriage is officially over. Because it ends a person's hopes and dreams for a happy marriage,
divorce can be one of life's most difficult experiences. 5 As a result, family courts were
established to settle family disputes through conciliation and the attainment of socially desirable
outcomes. The objective of the establishment of family courts is to promote conciliation in and
ensure the quick resolution of disputes relating to marriage and family affairs and for matters
connected therewith7 . Divorce, determining a person's marital status, determining who is the
rightful owner of a party's property, granting temporary restraining orders based on a marriage,
determining a person's legitimacy, determining a person's guardianship, determining a person's
custody or visitation rights for a minor, and maintenance lawsuits are all subject to the specific
jurisdiction of the family courts, which are civil courts. Subsequently, exploring the authenticity
of marriage and separation as well as their consequences for society is significant.
1.1. AIM OF THE STUDY:

In India, the divorce rate is now higher than it was 20 years ago due to rapid urbanisation
and increased understanding of numerous rights. Only two or three divorce cases were brought
before the court in 1960, but more than 1,000 cases were brought before the court in 2007.
Couples among them are often between the ages of 25 and 35.

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5. http://in Indian logger.com. Article
6. Report on Working of Family Courts and Model Family Courts, held on 20.3.2002 by National Commission for
women, New Delhi, downloaded from the website of ncw.nic.in.dt.8.2.2013.
7. Family Courts Act, 1984 by Saibaba Itapu,1st edn, 2009, P-99, Published by Sharma Law House, Hyderabad.
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Separate from cases have expanded by 150% since the past decade in agronomically arranged
states like Punjab and Haryana. Kerala, the state with the highest literacy rate, has seen a 350
percent rise in the divorce rate over the past decade. In the age scope of 25 to 39 years, separate
from cases are generally normal. Women initiate between 80 and 85 percent of divorce
proceedings nationwide, according to the 2001 census. In Delhi, divorce cases were anticipated
to reach at least 8,000 to 9,000 per year in 2008, which is twice as many as in 2004. According to
Ranjana Kumari, director of the Centre for Social Research9, more people between the ages of
25 and 35 have filed for divorce in metropolitan areas. Right around 100 youthful couples seek
legal separation every day in Indian metropolitan regions. According to a survey conducted by
the Indian Union Cabinet for the Welfare of Women and Children, Andhra Pradesh, which is
ranked third in India, experienced 61,225 divorces in the year 2011. Maharastra and West
Bengal10 are the first and second most common states in India for divorce.
The goal and objective of the study is to reduce the number of divorces and unjustified
separations between spouses. Protect those children whose parents are divorcing the most. The
problem must be addressed at its source. Divorce can be avoided if issues like lack of
communication between spouses, ignorance of medical advice, and moral guidance are
addressed early. In light of the data above, more research is needed to figure out why marriage
disputes have increased so much and how to reduce the number of divorces and build a civil
society in India.

1.2. SCOPE 0F STUDY:

An evaluation of marriage as a concept, current divorce laws, and the benefits and
drawbacks of Hindu, Muslim, and Christian religious laws are all included in the study.

 The critical study also provides an analysis of the Indian family courts' contribution to the
correct resolution of family disputes, which is a major factor in the rise in divorce among
young couples.

Divorce processes and procedures, such as how long it takes from the beginning of a
marriage to the filing of a petition for dissolution, how long it takes for the court to rule,
and issues related to the decree of divorce;

8. Article published in Eenadu Daily News paper dt.30.7.2008.

9. www.deccanheald.com/content/238678/young-couples-give-up-early.html article.
10. Article published in Eenadu Daily News paper dt. 5.2.2011.
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  Effects following a divorce, including personal challenges, societal responses, the jobs
held by female divorcées, changes in sexual orientation, attitudes towards the former
spouse, contacts between the divorcées, etc.
 Divorce meaning among people of different communities, with particular reference to
their socioeconomic status and legal backgrounds.

 Pre-divorce conditions of the divorcees, such as the type of marriage that began under
different religious age at marriage, sexual satisfaction, emotional attachment, and
employment, etc.

1.3. OBJECTIVE OF THE STUDY:

Based on the aforementioned standards and legal precedents, researchers have established
a number of goals in order to provide a clear path for completing their work. They are
particularly interested in learning whether India, where marriage was once regarded as a sacred
institution, has actually adopted the Breakdown Theory or whether the laws that the parliament
passed were supportive of or hostile to the granting of divorce. The researcher chose the topic
"The Major Reason of Increasing Divorce in Young Generation in Villupuram District" out of
curiosity about the rising divorce rate in society. To provide guidance, the researcher outlines the
following objectives:-

1. To examine how ancient people thought about marriage.

2. To research traditional, legal weddings within the Christian, Muslim, and Hindu faiths.

3. To discuss the current divorce legislation.

4. To learn the origins of the parties' disagreements.

5. To research how divorced couples are viewed in society and how they are doing in terms of
their health.

6. To research the rise in divorce rates and how they affect society.

7. To investigate the functioning of Indian family courts.

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8. To research counselling as a means of resolving family conflicts.

9. To make recommendations for lowering India's divorce rate.

10. To offer suggestions on how to live a happy married life.

1.4. REVIEW OF LITERATURE

Any researcher's task cannot be finished before a discussion of the relevant literature is
available. The most crucial part of the study is the evaluation of the existing literature before the
work on the current study is presented. This helps to understand the necessity and relevance of
the issue, its various facets, the identification of the problem at hand, and how to frame the
research process for the researcher in the same context. Therefore, the literature assessment of
the current work is crucial to support the need for the topic's research.

 Laura Nelson The relevant literature on divorce and its effects on children and family
relationships was reviewed for this study. This study's objective was to look at the many
divorce causes. This study specifically examined divorce ideologies, grounds for
divorce, and the effects of unjustified divorce. The results of the research have shown
that divorce can have an impact on family ties, although not the divorce itself, but rather
its ramifications. Less time spent with parents, financial hardship, or relocating are a few
examples. In terms of their social, intellectual, and personal well-being, research has
shown that children can be impacted by these aspects. The literature has also found that
other effects of the divorce, such as lower socioeconomic position, relocation, or parent
child conflict are some instances of how the teenager may be affected by other variables
rather than the divorce itself.

 Paras Diwan, All issues connected to Hindu law are covered in Dr. Paras Diwan's
Modern Hindu Law, 18th edition, which has excellent chapter organisation. The
concepts of marriage and divorce are covered in chapter V of this book, and matrimonial
causes are the focus of chapter VIII, which also discusses the grounds for divorce in
Hindu law and offers a compelling justification for an irretrievable dissolution of a
marriage.

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 Tilson and Larsen reported that the risk of divorce is significantly influenced by the age
at marriage. Compared to those who married later, people who marry younger have
greater divorce rates.suggested that people who married young are more likely to do it
without the consent or support of family and friends. As a result, the pair will face less
social pressure to maintain their relationship. Young divorcees have more opportunity to
meet and appeal to prospective remarriage partners, according to Booth and Edwards
(1985) and South (1995) studies.

 Kusum, lectures on family law Family Law I, Fourth Edition Professor Kusum is the
author of the work, which was distributed through Lexis Nexis. The matrimonial reliefs
are covered in Chapter 2 of this book. Under Hindu law, every basis for divorce and
judicial separation has been thoroughly discussed. Additionally, a distinct, in-depth
explanation of the cause of irretrievable disintegration has been provided.

 K. Agarwal, Hindu Law, 15th edition, Part 3, Chapter 5 of the book describes all the
laws relating to marriage and divorce, and the author has conducted a thorough study of
the irretrievable breakdown hypothesis to put down a fantastic work for students. Every
clause pertaining to divorce grounds under Hindu law and procedure has been explored.

 Mayne’s "Hindu Law, (2019)" examined the various aspects of Hindu law in the current
along with Commentaries. After conducting a review of the relevant literature, it is
essential to talk about the direction the study will take and how it will communicate its
findings. Due to this, the study has been separated into the following chapter structure.

 71 Law Commission Report The irretrievable breakup of a marriage should be

recognised as a separate reason for divorce, according to the law commission of India's
71st report. It has outlined the justifications for this inclusion and further clarified why
such a clause is required by Hindu law.This chapter contains an overview of the
literature that has been evaluated in relation to the central idea of the study and the
research questions. The chapter starts off by talking about what marriage, divorce, and
separation are and signify. It then gets specific about Hindu marriage, the Hindu
Marriage Act, and personal laws.

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  The chapter also features studies on the following topics: social networks of divorced
and separated women, contemporary separation and divorce in India, determinants and
causes of divorce and separation, consequences of divorce and separation, coping and
adjusting with divorce and separation. The chapter concludes with a discussion of the
study's justification, then moves on to cover the conceptual framework, research
questions, and research goals.

1.5. HYPOTHESIS:

The following hypotheses are developed for this research study while taking into
account the research questions and the above-mentioned study objectives. The rising divorce rate
threatens the sacramental nature of the institution of marriage. It was caused by: The laws now in
place are insufficient to protect the institution due to the rising divorce rate. Due to the cultural
changes in today's culture, the divorce rate is rising daily. The present-day concerns can be
addressed by the current educational system. Given the existing circumstances, young generation
couples eventually get divorced.

RESEARCH QUESTIONS :

1. Do the existing laws protect the institution of marriage in all religious faiths?

2. Are the existing rules sufficient to achieve a divorce without harming the parties to a marriage
under the Hindu, Muslim, and Christian religions?

3. Is the society content with the arrangements for divorce under personal laws?

4. Has the divorce rate among young couples increased modestly over the past decade?

5. Is harshness or infidelity the main cause of the rising divorce rate among young people ?

1. http://www.leaderu.com/criticla/cohabitation-socio.html.. ,

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1.6. METHODOLOGY:

The current study employs both doctrinal and non-doctrinal methods. The empirical
portion of the study focuses on the interview technique used with parties to cases filed with the
Family Court in the Villupuram District.

A. To learn the specific procedure that the family courts use to settle marital disputes.

B. To record all divorce cases filed between 2015 and 2022, examine 100 records in person and
write down the results on a form with all relevant information about the parties involved names,
ages, places of residence, length of marriage, reasons for filing, and applicable legal
provisionsfor each case.

C. To talk to young couples who have filed cases with the family court, as well as to talk to
couples who are currently in a relationship, to find out what caused their family conflicts, why
they filed the cases, and where they stand.

D. The researcher has used the following sources.

 Through an internet Search

 On offline survey

 Through the google form

 Text books

 Journal Articles

 Year books

 Prior citations

E. Close-ended questions were used in the original data sources, which were surveys conducted
by Questionnaires using a Google form to collect responses.

1.7.SAMPLE SIZE

The study was conducted using just 100 of the suggested sample size.

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1.8. TECHNIQUE OF SAMPLING

To get information from the respondents for my research, I used random sampling
procedures.

1.9. SCHEME OF RESEARCH WORK

The research work includes a thorough examination of the issue of "Research On
Increasing Divorce In Young Generation And It's Major Reason With Special Reference To
Villupuram District Family Court".

This makes doctrinal study of fundamental interest to a legal scholar, combined with the
reality that stability and certainty of law are desirable aims and social values to be pursued.
Analysing case law, organising, classifying, and systematising legal theories, as well as
researching legal institutions, are all parts of doctrine research. Through legal analysis or logical
inference, non-doctrinal study develops laws. The current study is founded on a non-doctrinal
approach to inquiry. With the aid of literature, the researcher carried out the study. There are
articles, periodicals, gazettes, committee reports, and judicial judgements available on the
subject.

In addition to an introduction, a conclusion, and recommendations, the current study has

seven chapters. To make the work simple to grasp and productive, each chapter has a heading
that describes the topic it addresses. The chapters that make up the thesis are as follows:

Chapter 1:

The problem of the current study is stated in chapter 1 of this book. It comprises the
purpose, goals, and need of the research. The literature review and practical advice are also
included. This chapter provides a quick overview of the subject. It explains the goals of the
study, the hypothesis, the research issue, and the methods used by the researcher to carry out the
research.

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Chapter 2:

The concept of marriage under Hindu, Muslim, and Christian law is covered in Chapter 2.
Separate portions of this chapter discuss marriage as it is defined by Hindu, Muslim, and
Christian law. Hindu marriage is discussed in the first section, Muslim marriage is discussed in
the second, and Christian marriage is discussed in the third.

Chapter 3:

According to Hindu law, this Chapter 3 contains the concept of divorce. This chapter discusses
divorce's definition and nature, marriage and families, a brief history of divorce and its place in
ancient Hindu law, the situation prior to the Hindu Marriage Act of 1955, the situation following
the Hindu Marriage Act of 1955, the reasons for divorce, and the effects of divorce on society.

Chapter 4:

The various divorce theories are discussed in this chapter's fourth section, along with the
scope of their applicability under Hindu law. It examines each divorce theory in depth and
includes pertinent examples.

Chapter 5:

The grounds for divorce are listed in this chapter 5, along with a comparison of those
grounds with personal legislation. It examines each of the divorce grounds now in use in depth
along with pertinent legal precedents.

Chapter 6:

This Chapter 6 discusses the summary of findings to determine the majority of responses
from the respondent through the survey as a result.

Chapter 7:

Details on the recommendations and conclusion regarding divorce and how to lower the
divorce rate in the Villupuram District of Tamil Nadu are provided in this chapter 7.

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