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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.














