In the following article, we are going to discuss these disputes and what action an individual may take afterwards-

Causes of matrimonial disputes – 

• Co dependency

Sometimes codependency may also be a cause leading to matrimonial disputes, where the couple depends too much upon each other, it may lead to an unhealthy relationship. In these  circumstances, one may not feel comfortable doing things in the absence of his or her partner, or may have changed oneself to such extent that one has forgotten his or her your likes and dislikes  as a result of which would start feeling so suffocated that he or she may feel that they are loosing their identity and hence the relationship may turn toxic.

For instance, when a husband demands that his wife must only cook and clean the house and the wife disagrees, it may lead to a matrimonial dispute among them.

• Expectations are not met with

When there is a dispute among a couple and one partner is not happy with the actions and attitude of the other, he or she expects from their partner to make significant changes in his or her actions and attitude so as to make their partner happy, however when such wish is not fulfilled, it may lead to another dispute making their relationship unhealthy.

• Domestic violence

It is a well-known ground of matrimonial problems leading to divorce. There are often a number of complaints from women regarding domestic violence. There are instances where women are mistreated by their partners or in-laws in their relationships. They may face physical, mental, verbal, and emotional abuse by their partners or their families. It is one of the most important ground for divorce. In order to ensure protection to women from domestic violence, the Protection of Women from Domestic Violence Act, 2005 was introduced by the Parliament. 

• Offences against their marriage

When either of the party to a marriage commits the act of bigamy or adultery, shall be  considered as an offence against marriage, leading to a matrimonial dispute hence causing divorce. Bigamy is explained under section 494 of IPC.  Bhaurao Shankar Lokhande & Anr. vs. State of Maharashtra & Anr., 1 February 1965,is one such case of bigamy, here the appellant was found guilty of bigamy and got convicted under section 494 of IPC. And adultery is provided under Section 497 of IPC. previously adultery was a criminal offence, however lately the Supreme Court held it to not be a criminal offence but a valid ground for divorce. 

• Inability to resolve conflicts

When a couple has disagreements, but is unable to resolve them by themselves, it might increase the intensity of their problems, thus leading to divorce finally. Whenever a couple fights, they usually do not listen to the other side and keeps blaming each other. Which further escalates problems in the relationship. 

Remedies for Matrimonial Disputes

After a dispute arises between a married couple, they would approach the family courts, as family courts have jurisdiction to deal with matters related to divorce and similar other issues. The court, in such cases first adopts means, like, mediation and conciliation, etc.In addition to this, if the couple is not ready to reconcile, the Hindu Marriage Act, 1955 also provides some other matrimonial remedies so as to provide relief to the aggrieved party.

Restitution of conjugal rights (Section 9)

If either of the spouses withdraw from their marriage without providing any reasonable excuse, then under section 9 of the Hindu Marriage Act, the other spouse or the aggrieved party has the right to apply for restitution of conjugal rights. As per section 9 of the Act, the court may not compel the respondent to be in a marital relationship with the partner but could ask for a justifiable reason as well as a remedy for the aggrieved party.

Judicial separation (Section 10)

In a situation where the court suspends the rights and duties of the marriage for a while, such order is called judicial separation. Grounds for judicial separation are- adultery, cruelty, desertion (for atleast 2 years), conversion (to another religion), insanity, leprosy, venereal diseases, renunciation from the world, partner not heard as dead or alive for 7 years, bigamy, husband found guilty of rape, sodomy or bestiality.

Void and voidable marriage (Section 11 & 12)

• Section 11 provides that any marriage which falls under, as per the clause 1- “neither of the party has a living spouse at the time of marriage”, clause 4- “parties shouldn’t come within the degrees of prohibited relationship unless their custom permits”, and clause 5- “the parties are not sapindas for each other unless custom permits” of Section 5 of the Hindu Marriage Act, 1955 will be considered as void marriages. As provided under this  section, maintenance cannot be claimed.

• According to Section 12 of the Act- Any marriage falling under clause 2 of Section 5 of Hindu Marriage Act, 1955, which state that- “neither party is incapable of communicating their consent or suffering mental disorder or disqualified to the procreation of children” , would be considered to be voidable marriage. As per this section, the wife can claim maintenance and the court will also provide maintenance during the time of pending litigation.

Divorce (Section 13)

Concept of divorce is similar to that of the judicial separation. Grounds for divorce are similar to the grounds for judicial separation. Only difference between section 10 and divorce is that section 13 permits re-marriage under section 15 of the Hindu Marriage Act. Section 13(A) of the Act provides alternate relief in divorce proceedings, such as the maintenance, custody of children, etc. while, section 13(B) allows the parties to apply for divorce by mutual consent.

Conclusion

Matrimonial disputes causing divorce leave a deep impact on their respective families, especially on the children of the divorced couple. As could be deduced from the above discussion, matrimonial disputes often take place when the interests and desires of the couple are not similar and sometimes clash. The legal system understands this, and court try that the couples with these matrimonial disputes are subjected to counselling and include adjustment in their relation. As there might be a chance of re-establishment of a friendly relation among them, as marriage is considered to be a sacred relationship in the India society and the preservation of marriage is  considered as a priority by the present legal system of our country.

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