1.

Introduction:
Establishing whether parental divorce has a causal negative effect on children’s out-
comes is a crucial issue for the evaluation of divorce and family laws. Several states in
the India have recently started tightening divorce requirements, reversing the liberalizing
trend in divorce laws that began around 1970. The proponents of tightening the divorce
regime often argue that making divorce easier has negative consequences for children.
However, as pointed out by Gruber (2000), this argument relies on three implicit
suppositions. First, that easier divorce regulations cause an increase of divorce rates.
Empirical work on this supposition has reached mixed conclusions: while Friedberger
(1998) ends that there is an impact of unilateral divorce on divorce rates in the India, the
evidence presented by Wolfers (2003) indicates that the increase in divorce rates is only
transitional, disappearing after a decade. Second, that change in divorce regulation only
has an impact on families and children through their effect on the propensity to divorce.
The third supposition that drives criticism of easier divorce regulations, on which this
paper focuses, is that divorce has an adverse impact on children. There is an enormous
literature that ends that experiencing parental divorce is negatively related to a wide
variety of children’s outcomes such as educational attainment, fertility choices (specially
non-marital birth during teenage years), future earnings, employment status and welfare
resiliency among others (many of these studies are reviewed in Amato and Keith 1991,
and Haveman and Wolfe 1995). However, this large literature can hardly be interpreted
causally because divorce is associated with socioeconomic characteristics that also
determine children’s attainments. For instance, there is a negative relationship between
divorce and men’s earning ability (Sander 1986).Several studies have stressed the
difficulties associated with the endogenously of parental divorce. Manski et al. (1992)
present and interpret alternative estimates of the effect of family structure on high school
graduation, obtained under diverging assumptions about the process generating family
structure and high school outcomes. Sandefur and Wells (1997) use sibling data to
control for unmeasured characteristics of families that are common to siblings. Corak
(2001) assumes that parental loss by death is exogenous and argues that children with a
bereaved background over a benchmark to assess the endogenously of parental loss
through divorce, considering that any deference between the outcomes of individuals
from bereaved and divorced backgrounds represents the consequences of an
endogenously bias. In a related paper, Lang and Zagorsky (2001) also consider parental
death as an exogenous source of parental absence. Gruber (2000) states that .what is
required to appropriately identify the impact of divorce is an exogenous instrument that
causes some families to divorce and others not, based on a factor independent of the
determinants of their children’s outcomes.(p. 10). However, a valid instrument is hard to
context and not even changes in divorce laws could be considered as such if, as suggested
by Stevenson and Wolfers (2003), changes in divorce regimes may directly affect the
nature of intra family bargaining, with potential implications for children’s outcomes. In
this paper, we expand the existing empirical literature on the consequences of parental
divorce in two important ways. First, we use data from the National Education
Longitudinal Study of 1988 to examine the causal relation between parental divorce and
adolescents. Cognitive development as measured on standardized tests. Test scores are
often used to evaluate the performance of students, teachers and schools. Moreover,
several recent studies have shown that test scores of adolescents are associated with
future wages.

2. Hypothesis:

H1: Law of Divorce is highly structured and effective in India however the process of
divorce is slow.
H0: Law of Divorce is not structured and effective in India.

3. Objectives and aims

The aim of this research is to understand the effectiveness of law of divorce by evaluating
its development in India. With this view, the research will achieve the following research
objectives:

• To understand the recent developments of law of divorce in India

• To evaluate its effectiveness and how it is structured
 • To understand the constitutions that have been made so far in the development of
law of divorce
• To assess the completeness of the law of divorce by comparing it with laws of
other countries.

4. Literature Review:
The very counter word for marriage is divorce. Divorce is the legal separation of two
spouses by bringing an end to the vows that they took during the sacred ceremony of
marriage. The divorce procedure differs from one governmental jurisdiction to another.
In India divorce is still a major social taboo and divorce seekers have to undergo several
ordeals in order to get separated from each other. Unlike western countries like USA and
Sweden, the divorce rate is significantly low in India. In earlier days, in spite of existence
of radical disparity between spouses, either of the two was expected to compromise with
the other so that their marital bonding survives. In most cases women were forced to
adjust with the unbearable post marital conditions for the welfare of the family, the
children and even for herself as she was hardly open to any means of earning her own
livelihood.
With the advancement of time, spread of education and campaigns of human rights
activists, divorce has become a way to break free from the marital clutches for many
women. Couples facing difficulties in equating there levels of compatibility are
now filing for divorce in order to renew their life afresh. In fact, the rate of divorce is
rapidly rising in the Indian metropolis.
If you are intending to get a divorce from your spouse, this site will certainly suffice all
your inquisitions regarding divorce. Divorce in India is a long legal procedure, whose
period of prosecution takes at least six months. The divorce procedure varies from the
marriage acts of one personal law to another. All Hindus including Sikhs, Buddhists and
Jains can seek divorce under Hindu Marriage Act. Whereas communities like Parsi,
Christians, Muslims, have their own laws related to divorce. For example, Christians
divorce laws are regulated by the Indian Divorce Act, 1869, and that of a Parsi by Parsi
Marriage and Divorce Act, 1936. Inter community marriages are governed by Special
Marriage Act, 1956.
This website will enable you to collect substantial information regarding various details
of filing for divorce. While contesting for or mutually agreeing with the divorce, you may
seek assistance from the site regarding several divorce related affairs like alimony, child
support and grounds for divorce. For NRI divorce seekers, this website will be quite
useful while gaining information regarding the laws concerning the NRI
divorce procedures. To get to know about hiring lawyers to dealing with divorce, explore
the entire indidivorce.com in order to understand the dynamics of divorce in India.

Though several laws have been passed with the progress of time, the divorce procedure in
India is still complex and you will have to contest the divorce for several months. The
Indian judicial law believes that the extended time span might workout well for the
couple to reconsider their marriage and hence, a marriage will be saved from being
dissolved forever.

Mutual Divorce is to be filed by the couple only after they have lived apart for at least a
year. A petition supported with affidavits for divorce should be filed in the district court
by the both the spouses. The husband and the wife should jointly state to the court that
they are unable to live together as they are facing immense difficulties in adjustment.
The filing of divorce petition by both the husband and the wife is legally known as
the "The First Motion Petition for Mutual Consent Divorce". "The Second Motion
Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is
filed when the couple reappears to the court for the second time after a period of six
months. If the judge is satisfied after a hearing from both the husband and wife, the court
announces a mutual divorce decree.
If the couple fails to appear in the court after six months and not later than eighteen
months from the date of first motion, the divorce petition becomes null and void. Either
of the couple can withdraw his/her petition within the six months term.
A judgment for mutual divorce is passed out only if all the necessary agreements required
for a mutual divorce in India are strictly maintained. The husband and the wife should
come to terms of settlement regarding the following issues.
• Custody of Child
• Return of Dowry Articles / Istridhan of Wife
• Lump Sum Maintenance Amount of Wife
• Litigation Expenses
For a mutual divorce in India, we would always suggest you to consult an experienced
lawyer who will effectively guide you to get the divorce through a mutual agreement
done between you and your spouse.

5. Research methodology:

6. Chapterisation:
Chapter 1: Introduction
This chapter will include brief introduction about the research including the siginificance
of the research, rationale of the research and aims & obejectives of the research.

Chapter 2: Literature Review

This chapter will include the detailed view of different authors and critical analysis of the
researches that has been conducted so far.

Chapter 3: Research Methodology

This chapter will include the detailed discussion of the research methods that has been
used by the researcher for conducting this research study.

Chapter 4: Data Analysis and Findings

This chapter will includes the analysis of the data that has been captured in this research
and findings of the research
Chapter 5: Conclusion and Recommendation
This chapter will include the conclusion and recommendation which will be made based
on the analysis and findings of the research.

7. Conclusion and Suggestions

The present society treats men and women equal, as a result the burden of alimony can
now fall upon either side of the party depending upon the financial circumstances of the
spouses. Though in the present age of equality both men and women are now equal in the
eyes of law, in practice men are more liable to provide interim support to their ex spouse
during the litigation procedure. The concept of alimony came in vogue due to the
indissolubility nature of marriage. According to marriage conventions marriage is a
sacred union. Once the knot is tied, the duties and obligations of marriage are to be
carried out for the rest of the life even if there is mental disparity or physical separation
between the husband and the wife. The husband is bound to take up the responsibilities
for the maintenance of his wife in spite of sharing an estranged relationship. As time
changed, the laws and education empowered woman, divorce came as a spontaneous
solution for an unsuccessful marriage.