Marriage in the Indian society was traditionally a sacred and indissoluble institution, but recent socio-economic change, urbanization, and legal reforms have made a big difference in marital norms. The divorce rates in India continue to be relatively low compared to the rest of the world, but their consistent increasing trend, especially in the cities, has made the post-divorce remarriage more visible to the population. The paper presents a socio-legal perspective of the changing legal, social issues, and changing family norms regarding post-divorce remarriage in India. It evaluates constitutional guarantees under Article 21 and statutory guarantees under personal laws like the Hindu Marriage Act, Special Marriage Act, and the Muslim Personal Law, specifically on judicial interpretations and landmark judgments, which uphold the right to remarry following legal dissolution. The paper also examines perennial social stigmas against the divorced, particularly the women, and the role of caste, religion, gender, and rural-urban rifts in the societal acceptance is also discussed. The paper further appraises the legal and psychological consequences of remarriage on a child of a premature marriage with reference to the issues of custody, guardianship, maintenance, and inheritance rights. Exploring the interplay of law, culture, and changing family forms, the paper claims that in spite of the growing legal support of remarriage, there are still social attitudes that are so ingrained that they are becoming obstacles on the way to the complete normalization of remarriage. The paper highlights the importance of being more socially aware and legally conscious to provide dignity, equality, and feelings of well-being to remarried families in modern India.
Marwara et al. (Sun,) studied this question.