Published On: January 25, 2023 12:30 PM NPT By: Rajendra Prasad Koirala
Recent statistics show that about half of all married couples have divorced, and this percentage is rising dangerously quickly.
Divorce rates are rising everywhere in the world. Sociologists, however, contend that the causes of divorce are significantly different. The citizenry of all states are united by one thing - they are unwilling to tolerate adultery which is one of the primary causes of divorce worldwide. And fraud is a factor in approximately a quarter of divorces in our nation.
Nobody believes that divorce will occur. But it frequently occurs when sentiments are not valued and the relationship does not go in the right direction. Recent statistics show that about half of all married couples have divorced, and this percentage is rising dangerously quickly. According to data maintained by Divorce Nepal, between 2018 and 2020, the Kathmandu District Court looked over 200 divorce cases while also consulting with Divorce Nepal. People involved in those cases were questioned about the causes of divorce, and the survey discovered that boredom, lack of commitment, lack of intimacy, too many disagreements and arguments, infidelity, early marriage, financial considerations, unrealistic expectations, abusive language, fashionism, disregarding each other's needs, unfamiliar customs, following other people's desires, etc. are among the top causes of divorce in Nepal.
In the Hindu society, marriage was regarded as a religious institution throughout the Vedic period (1400–1000 BC) and was inseparable by human action; nevertheless, Narada and Parasara, the two Smirti scribes, had stipulated that the marriage contract might be broken if the husband was impotent. The woman was permitted to remarry under five different social sanctions. If her first spouse disappeared, died, turned austere, lost his ability to reproduce, or was viewed as being too easygoing, she might accept another husband (Altekar 1980:134). According to Kautilya, an ancient philosopher and economist, a divorce might be granted on the grounds of mutual hostility if the husband and wife loathe each other. According to Buddhist literature, a divorce was very uncommon in the sophisticated sector of society. One woman mentions that even though she didn't love her husband, she chose not to remarry because it was against family tradition for a newlywed to accept a new husband (Altakar 1980: 134). Women were prohibited from getting remarried or divorcing in the higher castes throughout the medieval era (879-1768).
The most revered social institution among Christians, Catholic or Protestant, aside from Hinduism, is marriage. According to the Holy Bible, God instituted marriage as the pinnacle of creation. However, divorce is now legal to a particular Christian legal clause. After 1857, the London High Court and after 1912, many provincial courts permitted divorce on the sole basis of adultery (Pothan 1986:41). Similar to this, Muslim marital dissolution Act VIII of 1939 allows for divorce on specific grounds. Even now, there are several nations, including Argentina, Brazil, Chile, Colombia, Eire, Paraguay, the Philippines, and Republican Spain, where divorce is illegal according to the law (Rheintein 1972).
The New Permitted Code, which was passed in 2020 BS, explicitly proclaimed that divorce was legal in Nepal for both husband and wife.
The first written legal code of Nepal, the Muliki Ain 1910 BS, allows a man to divorce his wife by breaking a short, thin stick of bamboo. This practice is known as sinko-kati chhuttninu. There are a number of provisions established under two different headings. (On Divorce) Parpachuke Garnyako and (on Lognye Swasniko Mahal) the Section of Husband and Wife, the rights to divorce and separation have undergone a notable alteration as a result of this legal rule. Similar to the husband and wife part of the Naya Muliki Ain, Nepal's new legal code that went into force in 2020 BS after 110 years of the country's first legal code. The New Legal Code provides for various provisions for divorce ie like a man can also file a case now.
If anomalous conduct, lack of support, and age barriers occur during the course of a marriage, then the law will ultimately support divorce. It offers justice and a legal means of ending marital connections. According to this study, 7.50 percent of male divorces resulted from their wives' infertility, which is acceptable under the law. In the context of Hindu traditions, a woman is denied sacramental rights in social life if she does not become a mother during her marriage. Alternatively, the scenario in Nepal leads to discontent, infidelity, contradictions, discrepancy, and non-support across all caste and ethnic groups. The legal framework currently supports the husband's right to get remarried.
The current generation has been discovered to understand and practice marriage as a state based on the post-modern idea that marriage is a ritual of passage from one birth to another that cannot be broken once it is linked. Marriage is actually a legally binding, peaceful union of two consenting, opposite sexes (now same-sex unions, too) for the purpose of sexual fulfillment. The friendly behavior of the associated family, relatives, friends, and relatives is also important for the sustainability and healthy practice of which not only behavior, logical thinking, and behavior between the pair bound by marriage is necessary.
Why has the divorce rate been rising recently? Younger people are more approachable. The decision-making skill is also impacted by the accessibility and utilization of studies and technology. Being economically active demonstrates independence and self-respect. In industrialized nations, there are expert consultation services available to help normalize and simplify small family conflicts and misunderstandings. It is normal to live apart if you are unable to live together. With this objective and purpose in mind, the law contains provisions for divorce. However, it is a young decision to call it quits without considering the potential of cohabitating. If the issue is left unattended for too long, it may grow and result in violence and another major crime.
Marriage is not just a matter of two people's interactions, actions, and decisions; it also has consequences for the present and future of their dependent offspring. There is no other way to describe the couple's new life after their divorce and subsequent marriage. Along with the offspring from subsequent marriages, their love, affection, and guardianship for their prior children eventually dwindles, and they begin to neglect them. They become homeless, suffer from numerous addictions and, as a result of unfavorable associations, wind up being utilized illegally. Before making a poor choice that can imperil an innocent child with a promising future, a responsible divorcing spouse should exercise caution.
The legal requirement of alimony following a divorce has also aided the trend toward divorce. In most cases, over the years following a marriage, both husband and wife will make contributions to the property amassed while living together. It is necessary and just for the legal system to take a portion from the husband in the event of a separation for whatever reason. A person must be born into a connected family in order to establish the right to ancestral property, while his involvement in the acquisition of the property has no bearing on the related person's property rights. Due to the fact that neither spouse contributed to the family's wealth accumulation and just had the established right to an equal share of it, divorce is determined to be a simple option for the next generation.if there is no possibility of remarriage, if the relationship with the woman is not smooth, if she has no income, profession and business, the rest of the life of the woman becomes hell. Keeping this into consideration, the property of the husband has to be given is the justification that the court has made.
Although the legal system is required to provide fair compensation to the woman, for the next capable generation, the system of taking a share from the divorced man is necessary in the uncomfortable situation of having to make the unpleasant decision of divorce when the marriage relationship is difficult, the change in the woman's physical condition, the psychological effect on her mentality, and the social condition and awareness message. There is a concern that we might be sending the message to women that they lack the strength and independence to succeed in life and are destined to be reliant and weak. Therefore, it would appear important for lawmakers to pass such laws as soon as possible.
The breakdown of marriage is not completely the fault of the married pair. The psychology of separation is particularly complicated by his family and relatives' ways of thinking, acting, working, and adhering to traditional family values.
Whether we view a marriage as a ritual or a legal agreement, it is necessary to experience temporary matrimonial pleasure. Both parties engaged in the relationship must have a profound understanding of the value of marriage in order for it to flourish and be happy. The unique art of married life is living together with equal dignity while giving up, submitting, and realizing one's belonging. The dispute can be settled on its own if it can be followed. The function of the court and judge in family affairs is less common. There are other issues besides the rise in divorce cases in courts.
The problem cannot solely be solved by the court's decision in such instances. Let's gradually change how people think and feel in our society. Changes in behavior and education are needed. We should be responsible so that there is trust and family harmony. The issue is still present, so if it does arise, let's deal with it right away.
Leave A Comment