Divorce Laws in the Twentieth Century: Discussion on Selected Cases
Dr. Mitali De, Assistant Professor, Bidhan Chandra College, West Bengal, India
Dr. Mitali De, Assistant Professor, Bidhan Chandra College, West Bengal, India
বিংশশতকে বিবাহবিচ্ছেদ ধারা: প্রসঙ্গ কয়েকটি মামলা
Volume-XI, Issue-III, April 2023
Volume-XI, Issue-III, April 2023 | ||
Published Online: 30.04.2023 | Page No: 91-98 | |||
বিংশশতকে বিবাহবিচ্ছেদ ধারা: প্রসঙ্গ কয়েকটি মামলা ড. মিতালী দে, সহকারী অধ্যাপক, বিধান চন্দ্র কলেজ, পশ্চিমবঙ্গ, ভারত | |
Marriage, though inherently considered to be a holy union between two individuals, loses
its pious nature when it turns into abuse, mental and physical, leading to curbing of a
woman’s independence. This is when marriage-related laws come into play. It was with the
joint efforts of social reformers and the British that 19th century witnessed the birth of a
host of such laws, aimed at bettering the overall position of women in the society.
Abolition of Sati, child marriage, the Hindu Widows' Remarriage Act, the Indian
Christian Marriage Act or the Native Marriage Act are a few noteworthy ones which paved
the foundation of a stronger position for women in the society. It should be noted in this
context that though since 1858, owing to Queen Victoria’s announcement, the British did
not involve themselves much with Indian social reforms, but it was with these laws that
social reform had become an integral part of the freedom struggle.
This led to the Hindu Code Bill in an independent India. A part of this bill was the Hindu
Marriage Act of 1955. A mention-worthy aspect of this law was divorce. It was through the
provision of divorce that women had gained an alternative to voice their opinions, seek a
way out in unhappy marriages. Thus, the topic of discussion would be analysing the divorce
laws in light of a few specific cases, to see if it was actually able to free women in the real
sense. | |
Keywords: Divorce, 19th century marriage laws for women, social status of women, marriage, Hindu code Bill | |