• January to March 2025 Article ID: NSS9078 Impact Factor:8.05 Cite Score:234 Download: 20 DOI: https://doi.org/ View PDf

    The Challeges of Divorce & Remarriage in Hindu Law

      Prof. (Dr.) Bijay Kumar Yadav
        Dean (Law) IIMT College of Law, Greater Noida (U.P.)

Abstract: This abstract delves into the legal framework governing divorce and remarriage under Hindu law in India, highlighting its evolution from traditional norms to contemporary legislative provisions. Historically, Hindu marriage was considered a sacred and indissoluble union, with ancient texts like Manusmriti emphasizing its lifelong nature. However, societal changes necessitated legal reforms, leading to the enactment of the Hindu Marriage Act, 1955. This landmark legislation introduced divorce into Hindu law, outlining specific grounds such as adultery, cruelty, desertion, and others, thereby offering legal recourse for individuals in untenable marriages.

    The Act also addresses special provisions for women, acknowledging their unique vulnerabilities. Remarriage is permitted under the Act, provided certain legal conditions are met, enabling individuals to rebuild their lives post-divorce. Despite the progressive legal framework, societal acceptance of divorce and remarriage varies, with urban areas showing greater acceptance compared to rural regions where stigma may persist.

    Challenges in the practical implementation of these laws include lack of legal awareness, judicial delays, and persistent gender biases. This abstract underscores the need for continuous legal education, judicial reforms, and societal change to bridge the gap between the law and lived realities, ensuring that individuals can lead dignified and fulfilling lives post-divorce and remarriage.

Keywords: Adultery, Divorce, Remarriage.