The Anatomy Of A Silent Divorce

Silent Divorce a stage in the Marriage that is described as the emotional and physical disconnectionbetween a legally married couple who merely exist as roommates. Understanding the gap between thissociological reality and the legal framework. Which has broadened its interpretation over the years. Though not a legal ground for divorce but its symptoms often align with the legal concept of mental crueltyunder the Hindu Marriage Act, 1955. The judiciary has broadened the interpretation of "cruelty". Initiallya ground for judicial separation under the act, later amended to include it a direct ground of divorce furtherinterpretation of the same, expanded its scope to includeemotionalabandonment, psychological distress,verbal abuse, false accusationsas form of mental cruelty; providing a legal pathway for those in such relationships. Furthermore, the concept of Irretrievable Breakdown of Marriage (IBM), though not a statutory ground, has been recognized by the Supreme Court, allowing it to grant a divorce directly in such cases. Despite these legal evolutions toward recognizing "dead" relationships, the low divorce rate in India highlights the significant societal stigma and challenges including financial dependency and social consequences that often prevent individuals from seeking legal separation. A multifaceted approach involving social as well as legal progress, moving away from those traditional fault-based approach is necessary to address the issue, accepting the emotional wellbeing and compatibility of both the spouses.