Divorces in India: Might Not Be Required

Posted on May 14, 2012 in Society

By Udit Garg:

A few days back I was going through the Times of India website and was reading through the articles when I came upon a report on a Bombay High Court, where a husband filed a divorce against his wife as she is not ready to migrate to the new city where her husband got a transfer. Even after a lot of persuasion the husband has agreed to talk it out but wife is still not ready to migrate and also refuses to give a reason for it.

According to the Bombay High Court, the wife should go with her husband to the new city by giving the example of wife of Lord Rama, Sita, who went to exile for 14 years with her husband. Justice P B Majmudar and Anoop Mohta said marriage is the purest form of union of two different human bodies and breaking a marriage just because the husband has been transferred to a new city is unreasonable and will have disastrous outcomes for their nine-year-old child.

I believe in what Justices are saying and fully support them since what they say is justifiable. I believe breaking of a marriage bond just because of change in location due to occupation is an insane idea and I’m very much against it. During marriage a couple easily says that we’ll be together and will help the partner in his/her every quest, then why it is so much difficult to actually follow in action? We vow in front of holy fire during the wedding ceremony that we’ll stay together for next seven lifetimes but why it is difficult to live so even in the first one? Nobody has the answers and these days unjustifiable cases of divorce are increasing dad by day. People want divorce for reasons like the partner can’t satisfy them on bed, or partner doesn’t have time for other, or partner is too busy talking to a man/woman over phone but he/she says that it is his/her client. More than the reason itself, the problem here is that they are not even ready to try, talk it out; divorce seems like the easiest escape.

I believe the scenario of divorces these days is pitiful and due to one’s ego the whole family has to suffer without any reason. In this case the same has happened. The wife’s stubbornness has resulted in a divorce and a potential trauma to the child’s mind. While going through some previous divorce cases I found a case which I find is a similar due-to-migration divorce case. It’s a case of 1999 where the husband works as a police officer and the wife is a housewife but her relatives lived near her home and she doesn’t want to leave them when the transfer orders came for the husband to move to Chandigarh.

Even after a lot of persuasion, the wife files a divorce case against husband but the Judge of the district court refuses the plead and asks the couple to migrate to the new city for the months and genuinely try to cooperate with things. When this period was over, the judge ordered for a retrial, the couple happily took back the case of divorce. This case teaches us to at least give another try to the changes, as they might just work out.

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Is this a joke? The Ramayana is a story book/fairy tale. It is being used in court? Where does it say in the constitution? I realize that this is opinionated, but the idea that the husband wanting to move and the wife wanting to stay is not fair grounds for divorce is insane.


    One might think this is insane, but this is true and if by any means one gets the time to go to a court and ask couples why they want a divorce, the answers will be shocking


The current divorce rates are indeed pitiful.


    Yes and if couples didn’t learn to solve their internal problems, the rate gonna increase with considerable difference

Kundan Pandey

Udit, I would like to second your opinion but purely on reasons that are logical, unbiased and that fit in the ethics and fundamentals of marriage. As per our society, people marry to build a life, share joys and divide sorrows, live together and raise a family. In this context, the wife should have behaved maturely. She should have supported her husband happily. After all, the husband is doing the job to sustain the family. She is a part of it since she married him. Who on Earth will understand the husband’s personal and professional challenges, if not his wife? I can quite convincingly state that these divorce cases, that are increasing exponentially in our country are classic examples of where we are heading by misplacing our priorities. We need marriage counseling for couples before marriage and frequently during the marriage, when they feel they have issues to sort out. Couples don’t connect emotionally and marriage has become a market-place, adding to the woes. Moreover, increasingly our lifestyle is becoming a 24*7 cycle of race. The couples are missing peaceful times together. If we add all these, we can surely find the intolerance levels in people extremely low and divorce- a simple escape route to end all problems. I however, couldn’t find much sense in the honorable judge’s Sita example. May be he said the right thing but his example was a little bit out of context. Nevertheless, you’re right. Visit a court and it is ridiculous to listen to the issues that are forcing people to file for divorce. :)


    @ Kundan Pandey, great thought and perspective mate, i completely agree to you! and yes, example of Sita is a little low but it cant be argued that this example has cemented roots in the issue. Sita is an exemplary female who went to exile with his husband even knowing what was to come in future. she stood with his husband all along.

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