The mutual consent divorce within one year of marriage A study in the family court Mumbai

Abstract

The institution of marriage is acknowledged legally, so the divorce is a must to end this marital relation legally. It was noted that there is increase in mutual consent divorce in the age group of 25 to 35 years and the period of married life was less than one year among those. A study in the Family court, Mumbai was conducted with the aim of exploring the reasons for breakdown of marriages within the married life less than one year of marriage and the reasons for opting for legal provision of mutual consent divorce. A mixed-method research approach was applied in the study. The quantitative data was collected from the 377 participants (Women 190 and Men 187) using a survey method which consisted of a questionnaire. The qualitative data collected from 31 (Women 14 and Men 17) out of 377 participants by in-depth interview and 18 interviews of Hon ble judges, lawyers and marriage counsellors working in the Family court, Mumbai were conducted to know the perceptions. Six case studies and thematic analysis of the qualitative data gathered from in- depth interviews presented in the study. The key finding is that non-compatibility issues are a major reason for mutual consent divorce, and this is experienced by the couple within one year of their married life, rational and conceptual thought was not given for the marriage decision, no prior mindful preparation was done for building a marital relationship. Participants wanted to terminate the unsatisfying relationship and move on in life. The need for Pre-marriage counseling for young generation and their parents was recommended by the researcher to understand the expectations from marriage and to develop attitude, skills for strengthening the relationship. Patriarchal norms and practices need to be changed and to have family structure on ne footings of respect, equality and equity. Need is emphasized in the study to make relationship healthy and satisfying than saving the marriage with unhealthy and unsatisfying marriage.