INTRODUCTION
Marriage is one of the sacred bonds between a man and a woman. Marriage is not a relationship between two individuals; rather it is a bond between the families of the two individuals.
Since, in the present scenario, people are busier in their professional lives than that of their ones. This is one reason giving rise to the issues of divorce.
India is one of the secular and democratic countries in the world. Indian Constitution provides its citizens with six basic fundamental rights and other privileges. Every person has a right to live their lives in the way they want. No one can compel them to behave in a certain manner or deprive them of their basic rights.
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THE LAW SAYS:
Article 14 of the Indian Constitution deals with “Equality before the law”, which means all the citizens are equal in the eyes of law. It treats every person equally. It does not discriminate against people because of color caste, sex, creed, or sex.
So, if it binds a person in a forceful bond of marriage, or if there is no scope for a person to continue with his existing marriage, there are provisions through which he can legally bring an end to his marriage.
As already discussed, India is a land of diversity. Depending on the people of diverse religions in India, there are different marriages and divorce laws for them. There is also a provision of Judicial separation granted to spouses by the courts. If the court thinks fit, it grants a Judicial separation to the spouses. Majorly, the term Judicial separation is six months.
As per a recent Judgement of the Hon’ble Supreme Court, if there is no scope of sustaining a marriage, the 6 months can be suspended.
Some marriage and divorce laws applicable in India are:
• Hindu Marriage Act, 1955
• Dissolution of Muslim Marriage Act 1939
• The Indian Christian Marriage Act, 1872
• The Parsi Marriage and Divorce Act,1936.
There is a famous saying that “the protection is better than cure”.
Here, focusing more on the Muslim Personal Laws, we will emphasize the process of divorce in Muslim laws. Unlike the status of marriage in Hindu laws, Muslim marriages are more of a contract between a man and a woman. All the sects of the Islam community do not follow the practice of Triple Talaq. There is only some part of the Muslim Community that follows the practice of Triple Talaq.
Triple Talaq somehow showed the condition and status of Muslim women.
Earlier, the husband only pronounced the word ‘Talaq’ and they considered pronouncing ‘Talaq’ as the valid process of ending the marriage. Apart from this, the whole Muslim community of India followed this process.
A Muslim man can seek divorce by pronouncing the term ‘Talaq’ thrice, whereas a Muslim woman has to face a tough legal battle to divorce her husband.
The process of Triple Talaq made it so easy for a Muslim man to divorce his wife and life, and the condition of the women worsened. Women were more treated like chattels.
The above-mentioned laws for male and female in Muslims laws somehow shows how badly women are being treated and their condition in society. A man can re-marry right after divorcing his former wife, but again a woman has to go through the ‘iddat’ period before marrying again. Does the question arise why only a woman has to face all the problems?
Taking into consideration the condition of women in the Muslim Community and the recent few cases on triple Talaq, issues relating to marriage with the former husband and inheritance, the Supreme Court of India passed a landmark judgment in the case of Shayara Bano. The Hon’ble Court declared triple Talaq as unconstitutional and a criminal offence.
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CONCLUSION:
Starting with the common and basic fact that all are equal in the eyes of law as provided under Article 14 of the Indian Constitution. The thing that everyone needs to understand is, even a woman is a human being. Married/unmarried is a different aspect, they also have an equal right to live their life with respect and dignity.
• The very first thing is that the process of triple Talaq goes totally against equal rights and discriminates between man and woman.
• It shows the poor condition of women in the Muslim Community
• It discriminates even in the process of divorce for men and women.
• With the advancement in technology, it became so easy to divorce the wife through a text message, e-mail, and video calls.
The process of divorce could be both, a mutual decision between the spouses or a forced one where, most of the time, only women turn out to be the sufferers. Unless it is a divorce with the consent of both the spouses and more of it is a ‘Triple Talaq’ it has only worsened the condition of a woman.
Although, Triple Talaq is now unconstitutional and a criminal offence, there have been many controversies regarding the judgment passed. The majority of the male-dominated Muslim community is against the decision of the Supreme Court. There have been statements saying it is a matter of their laws.
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A SIGH OF RELIEF FOR MUSLIM WOMEN
Whereas once again the court has maintained the faith of people in the Indian Judicial system. The Supreme Court declared that Triple Talaq is unconstitutional. The Court held Triple talaq does not fall within the ambit of Article 25. Article 25 of the Indian Constitution deals with the Freedom of Religion.
Thus, no personal law is above the Constitution of India. The Constitution of India treats every citizen equally and provides them with equal status in society.