Introduction
Divorce can either be the golden key to the legal cage of marriage or the breaking of a sacred bond, leaving behind scars of failure, isolation, and fractured families. In India, divorce has never been just a legal step but also carried a deep social stain. Women, in particular, have borne the heavier cost: facing whispers of shame, rejection in remarriage, and bias in child custody. But over time, the law has worked to soften these blows and restore dignity. The word divorce comes from the Latin word “divortium”, which means to turn aside or to separate. Separating from each other after marriage.
Historical Concept of Divorce
In earlier times, Marriage used to be less about love and more about property, family alliances, and social order. Divorce was very rare; in fact, most people did not even know about it. People, especially women, suffered heavily from her income to shelter themselves and their children, with no more social respect in society.
For centuries, divorce was treated as a social sin, not just a private choice. Marriage was less about love and more about duty — binding families, property, and honour together. To leave that union was seen as breaking not only vows but also the stability of society itself. Women, especially, carried the heaviest burden: leaving often meant losing their children, their livelihood, and their place in the community. Men too faced shame, but women bore lifelong stigma, sometimes being cast out or labelled immoral. Divorce was whispered about, hidden, and feared. For many, it was easier to endure unhappiness than to face disgrace. This silence turned suffering into a private prison, locking individuals in marriages they could not escape.
Divorce and its Laws
Divorce laws vary from one jurisdiction to another, as they are shaped by specific statutes. In India, for instance, cases may fall under the Hindu Marriage Act or the Special Marriage Act, depending on the couple’s circumstances. Section 13 of the Hindu Marriage Act 1955 provides for divorce. These laws spell out the grounds on which a divorce can be filed, such as cruelty, adultery, or irretrievable breakdown of the marriage.
Divorce can broadly take two paths: Mutual consent, where both partners agree to part ways, or contested, where one partner challenges the other’s petition. Along the way, some of the most important questions the court addresses include:
- Child custody- Who will care for the children, and what arrangements best serve their well-being?
- Maintenance or alimony- What financial support, if any, is owed to a spouse?
- Property division- How should assets be shared fairly between the two?
Ultimately, the court’s decisions are guided not just by legal technicalities but also by the broader goal of fairness and, above all, the best interests of children.
The recent Supreme Court rulings (2024-25) show a gentle shift. The judges have said that when marriage ends, dignity must not. They expanded alimony so that a dependent spouse, often the woman, is not left without support, and they used constitutional powers to give “complete justice” in tough cases. A woman who devoted years to raising a family should not suddenly face poverty. By treating divorce as part of life rather than a stain, the courts are slowly easing old taboos.
Online Dating and Divorce: How New Relationships Affect Custody Cases
Divorce is never just about signing papers — it’s about untangling emotions, routines, and family life. For Texans, stepping back into the world of dating while also handling custody issues can feel especially overwhelming. Dating apps and social media make moving on easier in some ways, but they also add new complications.
Courts in Texas want parents to have the freedom to rebuild their lives, but they also put children’s best interests first. That means a simple dating profile or social media post can sometimes show up as evidence in a custody case.
For parents, knowing how modern dating and custody law intersect isn’t just legal knowledge — it’s protection for both your future and your children’s.
Irretrievable Breakdown: Section 142
From the judgment’s perspective, “irretrievable breakdown of marriage” implies:
- That the marriage is wrecked beyond hope of salvage — living together is no longer possible.
- There are objective indicators, like prolonged separation, unsuccessful attempts at mediation or reconciliation, bitter litigation, and no affection or bonding left.
- It is not automatic; it must be shown factually and firmly. The Court must be satisfied that continuing the marriage only perpetuates suffering.
The Supreme Court of India, in a landmark Constitution Bench judgment (May 2023), recognized irretrievable breakdown of marriage as a valid ground for divorce under its extraordinary powers granted by Article 142(1) of the Constitution. While the Hindu Marriage Act, 1955 does not expressly include this ground, the Court ruled that where a marriage is beyond repair—marked by long separation, failed reconciliation attempts, hostile litigation, and the complete loss of companionship—forcing the parties to remain legally bound only perpetuates suffering. Article 142 empowers the Court to “do complete justice,” and in such cases, it can dissolve the marriage even without mutual consent. Importantly, the Court clarified that it can also waive the mandatory six-month “cooling-off” period under Section 13-B of the Act in deserving cases, to prevent unnecessary prolongation of misery. However, this power is discretionary, not absolute—each case will be examined on its facts, keeping in mind fairness, absence of coercion, and the welfare of children, if involved. This judgment is significant because it bridges the gap between law and lived realities, ensuring that couples trapped in dead marriages are not denied dignity and liberty merely due to rigid statutory limitations. It marks a humane shift in Indian divorce jurisprudence.
Author Name: Sneha Singh is a B.A. LL.B. (2024–29) Student at Lloyd Law College
