CHAPTER-I INTRODUCTION 1.1 Introduction Introduction
In all systems of law marriage is the backbone of the society. The opinion of Prof. Letourneau in the ‘The Evolution of marriage and Family! that the primary cause of the family is purely biological is not true any more. "o! the instit instituti ution on of marri marriage age has its own import importanc ancee in every every civil civili#e i#ed d society. $arriage! it has been said! is the usual fate of most of the adult persons. %ccording %ccording to &entham' ()nder whatever point of view the institution of marriage is considered! nothing can be more striking than the utility of this noble contract! the tie of society and the basis of civili#ation! and that to perceive its benefits! it is only necessary to imagine for a moment what men would be without that institution.* + The institution of marriage is as old as the dawn of civili#ation. ,owever! the natu nature re and and conc concep epts ts of marr marria iage ge unde underr diff differ eren entt pers person onal al laws laws keep keep on changing with the changes in society and social order. The general concepts of marriage re-uires the subsistence of the social unit of ‘Family! which is the foundation of every society. society. The nature and concepts of marriage also differs from community to community. &ut under most of the personal laws! marriage is considered to be an e/clusive union between a male and a female. It is not merely meant for se/ual en0oyment but also for a long and happy association of man and woman to constitute an orderly ‘Family which contributes to the progress of society. 1
2
,.1. 2hanna in his (Inaugural %ddress* at the "eminar on The ,indu $arriage %ct! +344! and The "pecial $arriage %ct! +345 convened by the Indian Law Institute at 6elhi in Feb. +374! in ‘"tudies in the ,indu $arriage and the "pecial $arriage %cts +345! 8+379: p. +. Endre ;i#salovsky! ;i#salovsky! order of the Family 8+3<9:! p. +4.
$utual love! affection and understanding must build the bonds of matrimony and bind them together for a happy! harmonious con0ugal life. The happiness in life to a great e/tent depends not only upon the state of their physical health but also upon the health and well being of their martial relations. % happy married life is undoubtedly a great boon and bliss. If we trace out the history of some of the stalwarts we find that their domestic happiness! inner strength and support e/tended by their life parents while facing turmoil and difficulties of life! contributed a lot to their achievements. $ahatma =andhi and Pt. >.L. ;ehru are e/amples of the same. Thus! from time immemorial! marriage has been regarded as the basis of civili#ation and civili#ed society of sound morals and domestic affection by different systems of Law. "ick marital relations pose a problem not merely for the related spouses! they have wider implications. %s the family is basic unit of the society! the disturbances and disharmony in this primary unit have their repercussions and impact upon the society also ,armony in society is inconceivable where there are dissatisfied spouses that make a home and a family which is the most crucial unit in the hierarchy of social institutions. "o! stability of marriage is the sine?-ua?non of every society. To stablise the institution of marriage various pieces of legislations and %cts have been passed under different personal laws in India and abroad. The emphasis of all marital laws is to avoid hasty dissolution marital moralities. 1.2 Definition of Marriage
It is not possible to define $arriage in e/act words! which constitutes a family! the basic unit of society! as its nature varies from community to community. ,owever! some of the sociologists and 0urists have tried to define it in their own words. Prof. @inogradoff observed that '
A
(It is not only an institution regulating se/ual intercourse and kept by con0ugal affection! but also an arrangement for bringing up of children and a partnership for economic ends and social cooperation! sometimes! one side and sometimes another predominates.*A 1obert ,. Lowie observed that! ($arriage denoted those une-uivocally sanctioned unions! which persisted beyond se/ual satisfaction. It! thus! came to underlie family life! since se/ual satisfaction could often be amply gratified outside wedlock*. 5 %ccording to %0ay 2. @ashvesha ' ($arriage is an institution which is in vogue since time immemorial and it is almost uniformly regarded as a sine?-ua? non for upgrading and cherishing moral and ethical values in the society and to discipline the man who is distinguished from animal because of his rational sense which is wanting in animal.*4 $rs. 1a0 2umari %grawala states ' (Institution of marriage is one of the neatest tricks of human ingenuity to tame the
primary instinct of se/ in man and
woman. $ating is the starting point of family! the foundation of the superstructure of society and! therefore! too important an area of conduit to be left to individual discretion! will and caprice. It has as a result been deliberately encircled with an aura of religiosity! morality and a sense of social responsibility
3 4 5
@inogradoff! ,istorical >urisprudence! vol. I! p. +<3. Encyclopedia of "ocial "cience! vols. IB and B at pp. +
5
and given the dignified label of ‘$arriage accompanied with rules and conditions for attaining and living the label. < Like the nature of marriage! the definition of marriage also varies under different personal laws and religious beliefs. Lord Pen#ance in Hyde v. Hyde7 case! gave the classic definition of $arriage in English Law as under ' I conceive that marriage! as understood in Dhristendom may. be defined as the voluntary union for life of one man and one woman to the e/clusion of other. If we accept the above definition! the following are the essential elements of a marriage' 8a: It must be a voluntary union 8b: It must be for life. 8c: The union must be heterose/ual. 8d: It must be monogamous. The above definition may be true when the marriage was considered to be indissoluble and sacramental under English Law. &ut after the recognition of divorce! it is not essential that the union must be for life. It can be dissolved during the life time of spouses on some specific grounds or in case of break? down of marriage. &ut the most accepted and simple definition of $arriage is ' (It is a union between a male and a female recogni#ed by Law*. %s the union is given legal recognition! the rights and obligations arises from this prime social institution. "ome of the rights and obligations are of basic nature and are of great importance to the spouses for their marital bliss and happiness.
6
7
1a0 2umari %grawala (1eform of ,indu $atrimonial Law C "omeslips* in ‘"tudies in the ,indu $arriage %ct and the "pecial $arriage %cts! 8+379: p. 7+. 8+9<<: L1I P 6. +AG! +AA.
4
1.3 Marriage A Pri!e In"titution
In India! great importance has been attached to this social institution. It was based on the fidelity to the highest ideal of pursuing harmony in material and spiritual plane! which made Indian marriage a class in itself. %ccording to Indian?legal culture! there cant be a contradiction between the eternal and territorial aims of man. In Indian civili#ation the aims are described by a twin phrase of ("reya and Preya* which necessitates not only reconciliation between the twin but also implies harmony and coherence. 9 "o! there is a need of maintaining harmony and stability to achieve wordly! spiritual and intellectual pleasures. The institution of the marriage has facts which are both public as well private in nature. $arriage is not so much a concession to human weakness as a means of spiritual growth. It is prescribed for the sake of the development of personality as well as the continuance of the family ideal. Thus! the institution of marriage has social dimensions also. % social duty is imposed upon the spouses! whatever be the form of the marriage! to strive for compatibility. They must not e/aggerate and let loose their passion! frivolous dislikes and abnormal impulses. 3 "o! more and more emphasis is on the social aspects of marriage. 6r. 1adhakrishnan says ' ($an is not a tyrant nor is woman slave! but both are servants of higher ideal to which their individual inclinations are to be subordinated! sensual love is sublimated into self?forgetful devotion. Irreducible peculiarities there will always be! and the task of institution of marriage is to use these differences to
8
9
6r. ".6. "harma! (Indissolubility of $arriage % PrideH 6ivorce % Durse ' % via $edia*! in! Law Towards "table $arriages! 8+395:! p. ++5. Sreevastava v. Veena! %I1 +3<4! Pun. 45. −
<
promote a harmonious life. Instincts and passion are the raw materials which are to be worked up into the ideal whole.* +G Emphasi#ing the importance of this institution Prof. @inogradoff observed' ;o social institution has been found to be more enduring than the institution of marriage. In every civili#ed society people are unimmensely interested in the maintenance of institution of marriage as it is the foundation of family as well as of society. $arriage being a comple/ phenomenon! cannot be e/plained by one single principle idea or notion! as it represents a synthesis of several principles! Ideas and notions! and one cannot draw from it perfectly logic set of rules.* ++ %s the nature of marriage varies under different systems of law! some consider it as a purely contract! while others treat it a religious institution. For instance it was given utmost importance under the old ,indu Law. %s declared by the @edas! Every %ryan is born with three debts to be discharged. (,e owes the study of the @edas to the 1ishi! sacrifices to the =ods and a son o the manes* and (,e is free from debt who has offered sacrifices to =ods! who has begotten a son! and who lived as student with a teacher.* + %nd two of these can be fulfilled only through the legal tie of marriage. "ir illiam "cott! >.! "ummari#ed the legal conception of marriage as he understood in Lindo v. Ballisario!+A case in these words' (The opinion which have divided the world or riters at least! on this ob0ect! are generally two. It is held by some persons that! marriage is a contract merely civil! by others! that it is a sacred! 10 11 12
13
1adha 2rishnan! The ,indu view of Life! 8+373:! p.
7
religious and spiritual contract! and only to be so considered. The 0urisdiction of the Ecclesiastical Dourt was found on the ideas o this last described natureH but in a more correct view of the sub0ect! I conceive that neither of these opinions is perfectly accurate. %ccording to 0uster notions of the nature of the marriage contract! it is not merely either a civil or a religious contractH and! at the present time it is not be considered as originally and simply one or the other. It is a contract according to the law of nature! antecedent to civil institution! and which may take place to all intents and purposes wherever two persons of different se/es! engage! by mutual contractsH to live together. It cannot be a mere casual and temporary commerce! (but must be a contract atleast e/tending to such purpose of a more permanent nature! in the intention of the parties. The contract! thus formed in the state of nature! is adopted as a contract of the greatest importance in civil institutions! and it is charged with a vast variety of obligations merely civil. 1ights of property are attached to it on very different principles in different countries. In most countries it is also clothed with religious rites! even in rude societies! as well as in those which are more distinguished for their civil and religious institution*. $arriage is the very foundation of civil society! and no part of the laws and institutions of a country can be of more vital importance to its sub0ects than those which regulate the manner and conditions of forming and if necessary of dissolving the marriage. +5 =eorge &ernard "haw in his preface to getting married says'
14
@enkatarammaiyas! Law Le/icon and Legal $a/ims! nd Ed. Juoted Shaw v. Gounld ! +9<9 A ,L?44 at 9A per old estbury.
9
(% man defends marriage because he is really defending his pleasure. The woman is more vehement on the same side because she is defending her only means of livelihood. To a woman without property or marketable talent! a husband is more necessary than a master to a dog.* The learned 0udge of 6elhi ,igh Dourt! $r. >ustice %.&. 1ohtagi in Harvinder Kaur v. Harmander Singh!+4 has rightly observed' (hether it is English Law or the Indian %ct! $arriage is a voluntary union for life of one man and one woman to the e/clusion of others.* +< Thus! marriage is one of the prime institutions of society. It is a union of man and woman for love! respect! assistance and looking after each other! to live in harmony! to engage in production! to care for the children and to strive 0ointly for the welfare of family and for the building up for a new society. It is the central idea of most of the personal laws. It is an institution! in the maintenance of which the public is deeply interested! for it is the foundation of the family and of society! without which there would be neither civili#ation nor progress.+7 The public policy relating to marriage is to foster and protect it! to make it permanent and public institution! and to prevent separation. +9 Thus! stability of marital relationship has rightly been considered as one of the most sought conditions of civili#ed society. 1.# Incidence" of Marriage
The marriage gives rise to number of incidences. %ccording to Lundberg! consists of! (the rules and regulations which define the rights! duties and privileges of husband and wife! with respect to each other*. +3 Thus! 15 16 17 18 19
%I1 +395! 6elhi! <<. Ibid at p. 77. Bizik v. Bizik ! +5 +?%! +5<. Hill v. Hill ! A Dal. d 9. "ociology! p. +AA.
3
a number of legal rights! obligations and conse-uences arise from marriage. "ir =ooroo 6ass &aner0ee says' (It is the source of every domestic comfort from infancy to old age! it is necessary for the preservation and well being of our species! it awakens and develops the best feelings of our nature! it is the source of important legal rights and obligations! and! in its higher forms! it has tended to raise the weaker half of human race from a state of humiliating "ervitude. G To the ,indus! the importance of marriage is heightended by the sanction of religion. (&y no people*! says "ir T. "trange! (Is greater importance attached to marriage than by the ,indus.*+ The obligations arising out of marriage are reciprocal. %s regards rights efforts have been made to provide and confer e-ual rights on both the spouses. &ut perfect e-uality of rights has not so far been recogni#ed by any system of law. If there be ine-uality! it has always been in favour or man. To use the language of &entham ' (In his hands the power maintains itself. =ive the authority to the woman! and every moment a revolt would break out on the part of her husband*. &oth the spouses are supposed to discharge marital obligations fairly so that the desired aims of marriage may be achieved. Family is the unit of reception! preservation and transmission of culture =ibbons says ‘that the main reason for 1oman empires down fall was the family disorgani#ation. $acken#ie opines that (the public seems to have forgotten that the strength and vigour of national life depends directly on strong and vigorous family units. A $arriage! whether considered as a contract 20 21 22 23
"ir =ooroodas &anner0ee! The ,indu Law of $arriage and "tridhana! p. 3. "ir T. "trange! Element of ,indu Law! vol. +! p. A4. &entham! Theory of Legislation! p. AG. $acken#ie! "piritual @alues and the Family! in! ‘Dourt and Law 8vol. +9:.
+G
or sacrament confers a number of rights upon the parties. Like ,indu Law in $uslim Law! % Juranic verse depicts the aim and ob0ect of $arriage as under' (%nd of his signs is this' ,e created for you helpmates from yourselves that he might find rest in them and he ordained between you love and $ercy. "o! herein indeed are portents for folk who reflect.* 5 T$e fo%%o&ing are "o!e of %ega% incidence of !arriage 'a( )ega% *tatu" of Hu"+and and ,ife - The marriage confers the legal
status of husband and wife upon the spouses. If a male is not legally wedded to a female! the female will have only the status of a concubine. If some one calls her a concubine! she has no right to sue for defamation. The legal status confers some legal obligations on the spouses. The wife has a right to claim maintenance from her husband under ". +4 of the criminal procedure code! if she has no independent source of income sufficient to support her. The marital status also entitles one to claim matrimonial remedies which are available under the provisions of personal laws. '+( Rig$t of Con"ortiu! and Co$a+itation - %fter marriage the spouses get
the right of consortium and cohabitation. Kne spouse is entitled to the con0ugal company of the other spouse. If one spouse withdraws form the con0ugal company of the other spouse without a reasonable cause or e/cuse and without the consent of the other spouse! the aggrieved spouse has a right to seek the remedy for 1estitution of con0ugal rights by filling a petition in the court of competent 0urisdiction. If one spouse has deserted the other without a sufficient cause! the aggrieved spouse can also seek divorce. The se/ual intercourse is also legali#ed after marriage. The physical relations without marriage are considered to be adulterous. The spouses get
24
Juran BBB! +.
++
legal right to procreate the children also. These incidences of marriage are emphasi#ed in the following words' (&esides the procreation and education of children! marriage has for its ob0ect the mutual society! help and comfort! that! the one ought to have of the other both in prosperity and adversity. $arriage is the most solemn engagement which one human being can contract with other. It is contract formed with a view not only to the benefit of the parties themselves! but to the benefit of third partiesH to the benefit of their common offspring! and to the moral order of civili#ed society.* 4 It is further emphasi#ed in the Encyclopedia &ritannica that' ($arriage is a physical! legal and moral union between man and woman in complete community of life for the establishment of a family*.< The physical union takes the first place. The procreation of children is other essential element on which depends the creation of the family. The welfare of nation depends on families. "o it is right pointed out' ($arriage is rooted in the family rather than the family in the marriage.* 'c( )egiti!ate *tatu" of C$i%dren - The children of valid marriage are
conferred legitimate status. The illegitimacy is considered to be a sin and an illegitimate child is looked down upon in the society. Efforts have been made to confer legitimate status to children of void and voidable marriages under ". +< of the ,indu $arriage %ct! +344. &ut the children of such marriages though conferred legitimate status! still suffer from disability as far as the right of inheritance in the ancestral property of the 0oint family is concerned. 25
26
"helford on $arriage and 6ivorce! 8+95+: p. A. Juoted in Weatrerly v. Weatherly, 8+35<:! %ll E.1.I 8II:. Encyclopedia &ritannica! ++th Ed. @ol. +7! p. 74A.
+
In addition to the above the marriage aims at providing a protective environment for the long duration of utter dependency of the h uman child after birth and ensures of support to the woman while occupied in child?bearing and child rearing. 'd( Rig$t of In$eritance - The mutual rights of inheritance and succession
are also conferred on the parties. The children also get a right to inherit from the property of their parents. Thus! soothe conse-uences of the marriage are too numerous to be given in e/act numbers. 1. E/o%ution of Marriage
It seems to be well established now that the institution of marriage did not e/ist among the primitive man. %t that time man lived more or less like other animals. ,e was so much engaged in the satisfaction of his primary needs! hunger and shelter! that there was no time or occasion to think of refinement. "e/ life was absolutely free. "e/ promiscuity was the rule. "o long as the se/ relationship remain unregulated! it was maternity alone which could be known. Paternity could not be determined. This was not possible if se/ promiscuity continued to be the rule. If se/ relationship could be made an e/clusive union of man and woman! then only it was possible to determine the paternity of children. Thus! it seems! in mans -uest to know the paternity of children lie the seeds of the institution of marriage. It is obvious that marriage as an e/clusive union of man and a woman could not have emerged at one stroke. The process was naturally slow and prolonged. Thus! in the era of mans ascendancy to power! the institution of marriage came into e/istence as an e/clusive union of man and a woman could not have emerged at one stroke. The process was naturally slow and prolonged.
+A
Thus! in the era of mans ascendancy to power! the institution of marriage came into e/istence as an e/clusive union. $an! on the one hand! tried to impose fidelity on the woman by the power which he had ac-uired over herH on the other hand! he tried to ideali#e the institution of marriage with a view to dominating the will and mind of the woman. %lthough in most systems of the world! the individual has the freedom to marry or to remain celibate! marriage is regarded all over the world as a social institution. 1.0 Concet of Di/orce and it" E/o%ution
"ometimes! parties to the marriage find their marriage turned out to be a bad bargain. This make it difficult for both of them to pull on together or to live together harmoniously. The reason may be any like fraud! force! adultery! cruelty or any other kind of guilt on the part of one party or they simply find that they are not suitable match to each other. ;ow the -uestion comes as to what is the solution of such problem The answer can be given by a single word i.e. 6I@K1DE. 6ivorce means dissolution of marriage or putting an end to the marriage by some legal or customary mode. &ut this is not so simple as it seems to be. ,indu Law has an age old history. From the "hastric times to the contemporary world! it has seen different phases. It changed in some aspects but the sacramental character of marriage remained the same. In the "hastric period! under "hastric law marriage was treated as holy and indissoluble union. It stressed on continuing the relation! come what may. There was no room for matrimonial remedies because marriage was treated as permanent and indissoluble union. ,owever in some te/ts! we find that some sort of divorce or at least the power of abandonment of one spouse by the other was recogni#ed. For instance! a te/t of @ashistha runs!
+5
(% damsel betrothed to one devoid of character and good family or afflicted by impotency! blindness and the like or an outcasted or an epileptic or an infidel or incurably diseased . "hould be taken away from him and married to another.* &ut this te/t deals with betrothal. 1egarding marriage! the oft cited te/t of ;arada provides' (%nother husband is ordained for women in five calamities namely! if the husband be unheard of! or be dead! or adopts another religious order! or be impotent! or becomes an outcaste.*7 "imilarly! some te/ts give permission of renunciation of wife by husband in some cases. $anu laid down' (% husband could abandon his wife who was blemished! afflicted with disease! or previously defiled or given to him fraudulently.* 9 &ut that did not mean that divorce could be granted as rule. It was permitted in very e/ceptional circumstances. $arriage was a rule and divorce was an e/ception and this was strictly adhered to. 1. *ocia% Refor!
,indu society kept on changing with the passage of time. It observed other cultures carefully! and then tried to assimilate their best of ideas or ideals. This change from time to time reshaped it. Though its e/posure to Islamic culture in India was not so useful but with the advent of &ritishers in India! it got ac-uainted with Dhristian cultural pattern. ith this ,indu society got an opportunity for the comparison between the two. 27 28
;arada! BII! 3AH to the same effect is a te/t of Parashara! II! 7. $anu! IBH 7.
+4
6uring &ritish rule! there was an introduction of English language. It was not merely studied but widely used by Indians. This resulted in the opening of the wide windows for Indians upon the est! its mind and life. The doctrines of e-uality and liberty also being adopted widely. Educated Indians started favouring the fresh estern ideas and became impatient to introduce these in the traditional norms and attitudes. &ut nothing much could be done. Though in the later part of the +3 th century! divorce was introduced by statute for two classes of persons' 8i:
those who converted to Dhristianity and conse-uent there of their spouses refused to live with them 3! and
8ii:
those who were Dhristians and performed Dhristian marriage. AG ith regard to high caste ,indus! the position remained the same.
%lthough among them! some of those who had the impact of the western education worked for the social reforms and advocated for introduction of divorce in ,indu Law also. Their attempts did not succeed at %ll?India level but these succeeded in an Indian state! &aroda and the &aroda ,indu Lagnaviccheda ;ibandha 8,indu 6issolution of $arriage %ct: was passed in +3A+.A+ "imilarly! some other piecemeal reforms took place in the provinces of &ombay and $adras! namely. The &ombay prevention of the ,indu &igamous $arriage %ct! +35< which was followed by the &ombay ,indu 6ivorce %ct! +357. In the same way in +353! the $adras Province and in +34! the "avrashtra state passed the similar statutes. 1. Hindu Marriage Act 14
29 30
31
;ative converts $arriage 6issolution %ct! +9<<. The Indian 6ivorce %ct! +9<3. It was also made applicable to those persons who married under the "pecial $arriage %ct! +97. It was later on replaced by the &aroda ,indu ;ibandha of +3A7.
+<
In +355! the ,indu Law 1eform Dommittee under the chairmanship of "ir &enegal ;arsing 1ao was constituted! which submitted its report in +357 containing the proposal for introduction of divorce! other matrimonial causes and a uniform civil code applicable to all ,indus. It faced a tough opposition from the orthodo/ section of ,indu society. %nd unfortunately! the &ill lapsed with the dissolution of interim parliament in +34+. The very first step towards reform of traditional ,indu law taken was the presentation of five separate &ills covering five areas of ,indu Law in the first parliament of free India in the year of +345?4<. These &ills dealt with marriage and divorce! succession! adoption! maintenance and minority and guardianship.A ith the passing of the ,indu $arriage %ct! +344! concept of divorce was introduced to the sacramental ,indu marriage which was earlier considered to be a status which once ac-uired was inviolable under all circumstances and conditions. &ut this act changed the entire perspective. %lthough it was a rude shock to the conservative section of ,indu society! legislature asserted that the sole purpose of the act is to uplift the status of the poor downtrodden ,indu woman who was not getting a fair deal in marriage. 1.4 O+5ecti/e and Puro"e of t$e *tud6
2eeping in view the relevancy and significance of the problem under investigation! the researcher deems it fit to throw the light on the ob0ectives of the study. Therefore some of the issues framed by the researcher are as under' •
To review! the philosophy behind the institution of marriage and the concept of divorce.
•
32
To investigate the elements constituting cruelty The ,indu $arriage %ct! +344H The ,indu "uccession %ct! +34
+7
•
The probe the magnitude of normal wear and tear in a matrimonial tie that can amount to cruelty.
•
To e/plore and identify that how far economic independence of female constitute in aggravating cruelty.
•
To assess the level of cruelty that prevails in society and its e/tent leading to divorce.
•
To determine the efficiency of e/isting and emerging pattern of legal devise to deter any of the spouse form resuming to the act of cruelty.
•
To undertake historical survey of society relating to the level of tolerance in matrimonial setups.
•
To e/plore and identify the factors responsible for an act of cruelty in a marriage.
•
To undertake an e/tensive study of cruelty under different personal laws.
•
To analy#e whether the laws relating to cruelty sufficient to deal with the age old evil of cruelty.
•
>udicial interpretation of cruelty and its relevancy in the Indian scenario.
•
To conduct a comparative study of transnational and international legal normative structures and its potentiality to deal with the problem of cruelty as a ground for divorce.
These are some of the ob0ectives and issues are being countenanced by the researcher in the conduct of the present study. 1.17 Re"earc$ Met$odo%og6 1.17.1 Doctrina% Aroac$ - The central proposition of the proposed study
has been to undertake an in?depth study through doctrinal approach to find out
+9
the facts! problems! causes and their solutions. The doctrinal approach of the study includes descriptive method! comparative method and analytical methods of probing e/ploring and evaluating the sub0ect matter. 2eeping in view the nature of the study we adopt interpretation techni-ue to find out the matter spread over the different branches of legal knowledge. 1.17.2 )ega% Materia% - In this study! legal reports! 0ournals! te/t books on
the sub0ect have been used e/tensively and statutes! case law reports are scanned thoroughly. There is a vast legal literature relating to cruelty and the other grounds of divorce in English Law! International Law and Indian Law. $ost of the people do not bother to enforce their substantive and remedial rights in the area of domestic violence. ith the changing socio?economic and religious scenario ;=Ks! social activist and contemporarily even individuals 8especially women: avail the opportunity to take shelter of the 0udiciary. Therefore there is abundant literature available in India on the sub0ect of investigation. The available literature in the form of 0udicial decisions! statutes! and articles published in foreign countries have also been e/tensively used in this work along with the notifications of and policy documents of the government and its various agencies.
???? o ????
