Submitted:
21 May 2025
Posted:
22 May 2025
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Abstract
Keywords:
Introduction
Legal Framework and Judicial Discretion
- The irretrievable breakdown of marriage as a ground for divorce has been debated for decades in India, with comparisons drawn to models in California and the UK. The discourse often centers on the autonomy of individuals within marriage, which contrasts with the social realities in India where women's autonomy is limited (Chitkara, 2014).
- The Supreme Court of India has occasionally invoked its inherent jurisdiction under Article 142 of the Constitution to grant divorces on the grounds of irretrievable breakdown, even without legislative backing, to ensure complete justice in matrimonial disputes (Balyan & Verma, 2022).
- The Marriage Laws (Amendment) Bill, 2013, introduced judicial discretion in dividing property between spouses, but this discretion is often exercised in ways that disadvantage women, highlighting the need for a more structured approach to property division (Chitkara, 2014).
Economic Implications for Women
- The introduction of irretrievable breakdown as a ground for divorce has adverse economic consequences for women, who are often viewed as dependents rather than equal partners in marriage. The current legal framework does not adequately protect their economic interests post-divorce (Chitkara, 2014).
- Studies have shown that the economic status of women drastically falls post-divorce, a trend exacerbated by no-fault divorce systems. The lack of a community property regime in India means that women may not receive an equitable share of marital assets (Chitkara, 2014).
- The legal system's failure to ensure adequate financial compensation for women post-divorce, such as iddah and madhiyah maintenance, further compounds their economic vulnerability (Sitepu & Lubis, 2024).
Social and Psychological Impacts
- Divorce, particularly on the grounds of irretrievable breakdown, can have significant social, psychological, and emotional repercussions for women. The stigma attached to divorce, although diminishing, still affects women's social standing and mental health (Tyagi, 2021). The recognition of foreign divorce decrees in India is closely linked to the socio-legal issues surrounding the irretrievable breakdown of marriages (Yadav, 2020).
- The legal proceedings themselves can be distressing, and the lack of sensitivity towards the vulnerabilities of women in these situations calls for a more empathetic approach in dispute resolution (Tyagi, 2021).
Broader Perspectives and Challenges
Psychological effects in India
Intrapsychic Resistance and Marital Distress
- Intrapsychic resistance to accommodate life cycle transitions is a significant psychological factor contributing to marital distress. Newlywed couples often face challenges in adjusting to new roles and responsibilities, leading to conflicts and dissatisfaction in the marriage (Ariplackal & George, 2015).
- The inability to adapt to these changes can result in a lack of emotional connection and support, which are crucial for marital satisfaction (Ariplackal & George, 2015).
Mental Health Issues
- Mental illness is a critical factor in the breakdown of marriages in India. There is a prevalent belief that marriage can cure mental illness, leading families to conceal mental health issues before marriage. This often results in complications and distress for both partners (Parija & Sahu, 2022).
- Women with mental illnesses, such as schizophrenia, face significant stigma and are often abandoned by their spouses, contributing to marital breakdown (Parija & Sahu, 2022).
- The legal framework, such as the Hindu Marriage Act, allows mental illness as a ground for divorce, but the application of this provision is inconsistent and often biased against women (Pathare et al., 2014).
Psychological Over involvement Post-Divorce
- Psychological over involvement, characterized by rumination and emotional distress, is prevalent among individuals post-divorce. This over involvement can lead to prolonged sadness and psychological distress, affecting the individual's ability to move on and potentially impacting future relationships (Bourassa et al., 2019).
- The tendency to become overly involved in one's psychological experiences can hinder the healing process and exacerbate feelings of loss and failure (Bourassa et al., 2019).
Societal and Gender Norms
- Societal expectations and gender roles significantly influence marital dynamics in India. Women are often viewed as dependents, and their economic contributions to the marriage are undervalued. This perception can lead to dissatisfaction and a sense of inequality within the marriage (Chitkara, 2014).
- The traditional arranged marriage system, while still prevalent, can also contribute to marital breakdown when individual expectations and cultural norms clash (Jaiswal, 2014).
Psychological effect on children
Psychological and Emotional Effects
- Anxiety and Attachment Issues: Children from divorced families often experience heightened anxiety and difficulties in forming enduring attachments. This is particularly evident as they transition into young adulthood, where the fear of abandonment and relationship instability can persist (Wallerstein, 1991).
- Depression: There is a significant correlation between parental divorce and increased levels of depression in adulthood. This is often mediated by relationship commitment and financial stability in later life, suggesting that the effects of divorce can extend beyond childhood into adult mental health (Wauterickx et al., 2006).
- Behavioral Problems: Short-term effects such as confusion, aggressiveness, and behavioral issues are common among children experiencing family breakdown. These can evolve into long-term psychological difficulties if not addressed appropriately (Guinart & Grau, 2014).
Social and Relational Consequences
- Relationship Challenges: Children of divorce may struggle with relationship commitment and stability in their own adult relationships. This can be attributed to the model of relationship dynamics they observed during their formative years (Wauterickx et al., 2006).
- Socioeconomic Impacts: The long-term socioeconomic effects of growing up in a divorced family can include lower earnings and income, particularly for women. This suggests that the impact of divorce can extend into economic aspects of life, influencing overall well-being (Gonzalez & Viitanen, 2018).
Neurological and Cognitive Effects
- Cognitive Disruptions: Divorce can lead to cognitive disruptions in children, affecting their perception of the world and their place within it. This can have a knock-on effect, potentially influencing their adult personality and cognitive development (Trickey & Black, 2000).
- Academic Performance: Children from divorced families may face academic challenges, which can be linked to the emotional and psychological stress of family breakdown. This can have long-term implications for their educational and career prospects (Guinart & Grau, 2014).
IBM in Scotland
Communication Breakdown
- Lack of effective communication is a critical factor leading to marital breakdowns. Couples often fail to address issues due to poor communication, which exacerbates conflicts and misunderstandings. This is supported by findings that highlight communication as a fundamental aspect of maintaining healthy relationships (Uwom-Ajaegbu et al., 2015).
- Effective communication is recommended from the courtship stage, emphasizing its importance in preventing future breakdowns (Uwom-Ajaegbu et al., 2015).
Perception of Commitment
- The belief in marriage as a long-term commitment can influence marital stability. In some cases, this belief helps couples stay together, even in unhappy marriages, due to the perceived obligation to maintain the relationship (Lauer & Lauer, 1986).
- For happy couples, the nature of the relationship itself is a more significant factor in staying together, suggesting that commitment alone is insufficient without a positive relational dynamic (Lauer & Lauer, 1986).
External Pressures and Abuse
- Societal and cultural pressures can compel individuals, particularly women, to remain in marriages despite abusive circumstances. This is often due to societal norms that stigmatize divorce or prioritize family unity over individual well-being (Makofane, 2002). International divorce cases in New Zealand often encounter significant legal challenges and judicial delays arising from issues related to the irretrievable breakdown of marriage (Anthal & Yadav, 2025).
- Women in abusive marriages may feel trapped due to a lack of support systems or fear of societal judgment, leading them to develop coping mechanisms rather than leaving the relationship (Makofane, 2002).
Influence of Children
- The presence of children can also impact marital stability. In some cases, couples remain together for the sake of their children, even if the marriage is unhappy. This can delay the decision to separate, contributing to prolonged marital dissatisfaction (Lauer & Lauer, 1986).
Psychological effect on children in Scotland
Individual Factors
- Biological and Psychological Traits: Children's inherent biological and psychological characteristics, such as temperament and personality, play a significant role in their mental health. For instance, children with "thin boundaries" in their personality are more prone to nightmares and other sleep-related issues, which can affect their overall mental health (Schredl et al., 2000).
- Autistic Traits and Intelligence: In autistic children, specific traits and intelligence levels can influence mental health outcomes. Parents have noted that these factors, along with life events and changes such as puberty, significantly impact their children's mental health (Mukherjee & Beresford, 2023).
Familial Factors
- Family Dynamics and Parenting Styles: The relationship between family members and parenting methods are critical. Positive family environments and appropriate parenting styles, such as not interfering excessively or punishing in a non-discomforting manner, are protective factors for mental health (Wang, 2022). Conversely, poor family relationships and lack of respect from caregivers are risk factors (Wang, 2022).
- Impact of Being Left-Behind: Children who are left behind by migrating parents often experience worse mental health outcomes compared to their peers. Factors such as the type of caregiver, duration of parental absence, and whether they live with siblings can predict their mental health status (Hui-li & Xu, n.d.).
Educational Factors
- School Environment and Academic Pressure: The school environment, including teacher-student relationships and academic performance, significantly affects children's mental health. High study loads and noise levels are associated with increased depression, while positive teacher-student interactions can mitigate these effects (Wang & Xue, 2024).
- Social Support and Resilience: The level of social support and psychological resilience available to children, particularly those who are left behind, can predict their mental health status. High resilience and support are associated with better psychological health outcomes (陈惠惠 et al., n.d.).
Societal Factors
- Cultural and Social Influences: Broader societal and cultural factors also play a role in shaping children's mental health. Social norms, cultural expectations, and societal stressors such as school problems and parental divorce can contribute to mental health issues like nightmares and anxiety (Schredl et al., 2000).
- Community and Social Activities: The availability of social activities and community support can influence mental health positively by providing children with opportunities for social interaction and emotional support (Mukherjee & Beresford, 2023).
IBM in New Zealand
Cultural and Interracial Dynamics
- Interracial marriages in New Zealand, particularly those involving Maori and European descent, have historically faced significant societal challenges. These challenges stem from colonial legacies and societal attitudes towards race and gender, which can place additional stress on such marriages (Grimshaw, 2002) (Grimshaw, 2002).
- The historical context of interracial marriages highlights the ongoing impact of cultural differences and societal expectations, which can contribute to marital discord and breakdown (Grimshaw, 2002).
Immigration and Demographic Changes
- New Zealand's immigration patterns, with a significant number of family members and labor migrants, introduce diverse cultural backgrounds into the societal fabric. This diversity can lead to cultural clashes within marriages, especially when partners have differing expectations and values (“New Zealand,” 2022).
- The presence of a large number of temporary and seasonal labor migrants can also lead to instability in family structures, as these individuals may face uncertainty regarding their residency status, impacting marital stability (“New Zealand,” 2022).
Economic and Social Stressors
- Economic pressures, such as those arising from employment instability or financial insecurity, are common stressors that can lead to marital breakdown. These pressures are exacerbated by the high cost of living in urban areas like Auckland (SpaceXRAcademy, 2022). The role of courts in divorce cases under irretrievable breakdown of marriage in New Zealand includes addressing financial implications and supporting legal reforms toward no-fault divorce (Tanveer & Yadav, 2025).
- Social stressors, including health issues such as the prevalence of oral cancer linked to lifestyle factors like alcohol and tobacco use, can also strain marriages. The stress of dealing with health problems can lead to emotional and financial burdens that contribute to marital breakdown (Yakin et al., 2017).
Broader Societal Influences
- The societal context, including the impact of seismic hazards and natural disasters, can create additional stress on families. The need to constantly adapt to potential natural threats can strain relationships, particularly if partners have differing coping mechanisms (Zorn & Stephens, 2023).
- The influence of societal norms and expectations, as well as the availability of support systems, can also play a role in the stability of marriages. The lack of adequate support for dealing with marital issues can lead to an irretrievable breakdown (Haigh et al., 2015).
Psychological Effect on Children in New Zealand
Resilience and Coping Strategies
- Resilience is a critical factor in the mental health of children. A study on resilience training in New Zealand schools showed that teaching problem-focused cognitive strategies and stress management significantly improved students' resilience scores, although stress levels increased as the school year progressed (Harvey et al., n.d.).
- Enhancing resilience in children can potentially reduce the incidence of mental health issues in adulthood, suggesting that early interventions are beneficial for long-term mental health outcomes (Harvey et al., n.d.).
Socioeconomic and Ethnic Disparities
- Socioeconomic status and ethnicity are significant determinants of child health in New Zealand. Maori and Pacific children are more likely to live in larger households with lower incomes, which can impact their mental health and access to resources (Jamieson & Koopu, 2007).
- ∙ Ethnic disparities also manifest in health behaviors and outcomes, such as dietary habits and dental health, which are linked to broader health inequities (Jamieson & Koopu, 2007).
Access to Healthcare
- Barriers to accessing primary healthcare services, such as seeing a general practitioner, disproportionately affect Maori and Pacific children. These barriers are associated with higher hospitalization rates, indicating a direct impact on children's health outcomes (Jeffreys et al., 2022).
- Addressing these barriers is essential for improving health equity and ensuring that all children have access to necessary healthcare services (Jeffreys et al., 2022).
Cultural Identity and Mental Health Services
- The integration of Maori cultural values into mental health services has been a significant development in New Zealand. This approach includes incorporating Maori language and health perspectives, which has improved the cultural relevance and effectiveness of mental health care for Maori children (Durie, 2011).
- Culturally specific models of care are crucial for addressing the unique mental health needs of indigenous populations and promoting overall well-being (Durie, 2011).
School and Societal Influences
- Schools play a vital role in shaping children's mental health through health policies and educational programs. Initiatives targeting obesity, nutrition, and physical activity are prevalent in New Zealand schools, influencing children's perceptions of health and well-being (Burrows et al., 2013).
- Societal factors, including family dynamics and community support, also contribute to children's psychological health. A comprehensive approach that considers these various influences is necessary for promoting mental health in children (Ping & Xue-mei, n.d.).
IBM in Australia
Socio-Economic and Demographic Factors
- Age at Marriage: Marrying at a young age, particularly under 25, is associated with a higher risk of marital breakdown. This risk is more pronounced for women than men (Hewitt, 2008) (Hewitt, 2008).
- Parental Divorce: Individuals whose parents divorced are more likely to experience marital breakdown themselves, suggesting a generational transmission of marital instability (Hewitt, 2008).
- Cohabitation Before Marriage: Couples who live together before marriage have a higher likelihood of divorce, possibly due to less commitment or societal pressures (Hewitt, 2008).
- Education: Higher education levels increase the risk of marital breakdown for women, while for men, higher education tends to decrease this risk (Hewitt, 2008).
Cultural and Ethnic Influences
- Ethnic Background: Migrant women from non-English speaking backgrounds have a lower risk of marriage breakdown compared to Australian-born women, while migrant men from English-speaking backgrounds have a lower risk than their Australian-born counterparts (Hewitt, 2008).
- Religiosity: A strong attachment to religion is associated with a reduced risk of marital breakdown, as it often promotes values of commitment and conflict resolution (Hewitt, 2008).
Gender Dynamics and Initiator Status
- Gender Differences: Women are more likely to initiate separation than men, often due to taking greater responsibility for the quality of the marital relationship. This is reflected in the fact that 69% of unilateral separations are initiated by wives (Hewitt, 2008) (Hewitt, 2008).
- Social Characteristics: Women's social characteristics, such as higher education and young age at marriage, are more strongly associated with initiating separation compared to men (Hewitt, 2008). The role of legal aid in divorce cases based on irretrievable breakdown of marriage in Australia highlights the importance of ensuring access to justice (Arora & Yadav, 2025).
Communication and Interpersonal Factors
- Communication Breakdown: Lack of effective communication is a significant factor leading to marital breakdown. Couples who fail to communicate effectively often face unresolved conflicts, leading to dissatisfaction and eventual separation (Uwom-Ajaegbu et al., 2015).
Psychological Effect on Children in Australia
Impact of Socio-Economic Status on Mental Health
- General Population: Lower SES is linked to a higher prevalence of mental health issues among children. This is attributed to factors such as financial stress, limited access to mental health services, and exposure to adverse living conditions (Donkin et al., 2014) (Carroll et al., 1996).
- Developmental Disabilities: In children with conditions like cerebral palsy, lower SES is associated with more severe health outcomes. This includes greater cognitive impairments and comorbidities, which are exacerbated by socio-economic disadvantages (Oskoui & Messerlian, 2019).
- School Environment: SES influences the implementation and effectiveness of school mental health programs. Schools in lower SES areas often face challenges in providing adequate mental health support, impacting children's mental health outcomes (Hubert, 2018).
Mechanisms Linking SES and Mental Health
- Psychosocial Stressors: Children from lower SES backgrounds are more likely to experience chronic stress due to financial instability, parental stress, and social exclusion. These stressors can negatively impact mental health, leading to issues such as anxiety and depression (Carroll et al., 1996) (Dahiya, 2013).
- Access to Resources: SES affects access to mental health services and educational resources. Children from higher SES families are more likely to receive timely and effective mental health care, contributing to better mental health outcomes (Tansella, 2007) (Dayal & Dayal, 2016).
- Neighborhood Effects: The neighborhood SES, including factors like safety, community resources, and social cohesion, plays a significant role in shaping children's mental health. Children in disadvantaged neighborhoods often face higher risks of mental health problems due to environmental stressors (Oskoui & Messerlian, 2019) (Campbell & Seabrook, 2024).
Broader Implications and Considerations
Conclusion
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