Marriage and Divorce: Women’s Experiences with the Legal System, Socio-cultural Norms and Religion

Abstract

Despite societal advancements, divorce remains a heavily stigmatized topic, with divorced women often facing harsh criticism and being unfairly labelled as the primary cause of marital breakdown. Socio-cultural and economic factors, compounded by adherence to oppressive religious beliefs, frequently overshadow secular legal frameworks and personal religious laws, often under the guise of varied “interpretations.” In the present context, despite the existence of legal provisions, factors such as limited financial independence, illiteracy, societal pressures, and patriarchal beliefs about female inferiority often prevent women from freely pursuing divorce or escaping abusive marriages. This paper seeks to examine these issues while substantiating their presence through qualitative research. The primary objective of this study is to explore the legal, cultural, religious, and economic factors that influence a woman's decision and experience of seeking a divorce and influence their experiences of the same in India. Using a semi-structured questionnaire, this research collected responses from women across different socio-economic backgrounds who have experienced divorce to gain insight into their journeys and experiences. The findings indicate that religion had minimal influence on their decision-making. Instead, cultural and economic factors played a significant role in their considerations when seeking divorce. Additionally, many participants expressed concern over the extensive challenges and limitations posed by legal procedures in court, highlighting that, contrary to popular belief, India’s legal system is not women-centric and often places undue blame on women for what is typically a mutual decision.