This article has been written by Ms. Kumari Komal, a III rd year student pursuing B.A.LL. B at Lloyd School of Law, Greater Noida.

ABSTRACT:

INTRODUCTION:

Marriage as a basic institution has been described as one of the important and fundamental relationship. Marriage is found to be one of the strongest correlates of happiness and well-being. This union establishes various rights and obligations between the spouses in order to coexist. However, conflicts in marriage are inevitable. Conflicts may arise due to several reasons such as unfulfillment of expectations, lack in performance of responsibilities, differing perspectives, spouse abuse, sexual abuse, incompatibility and so on. These conflicts if not handled properly, causes friction and eventually disruption of marriage. In common language this disruption of marriage is known as divorce.

Divorce is a very common outcome of marriage nowadays. But earlier, the concept of divorce did not exist as Hindu marriage between two people was considered as a sacred union which lasts till eternity. Once it came to be established that marriage is a civil contract, it was a logical step to recognize that it was also a dissoluble union. However, as marriage is also regarded as a social institution and not merely a transaction between two people, therefore it was argued that there was a social interest in preservation and protection of the institution of marriage. Thus, marriage was regarded as a special contract and so it could not be put to an end like an ordinary contract. But still there was a way by which could be ended if the parties wish to do so. 

Marital conflicts or incompatibility leads to divorce which not only effects the spouses; its effect goes beyond the individuals who dissolve the marital union. It has its consequence over their children and other relatives too. They share the potential consequences and exposed to various psychological problems, especially the children. Divorce can have a significant impact on extended families, as it extends beyond the immediate couple and can affect a broader network of relationships. The effects may vary depending on the specific circumstances, individuals involved, and the level of family cohesion.

These can be the following impact of divorce on the extended family of the parties:

• Emotional and Psychological Effects:

• Children: Divorce can be emotionally challenging for children, leading to feelings of sadness, confusion, anger, or guilt. Extended family members, such as grandparents, aunts, and uncles, may also experience emotional distress as they witness the children going through difficult times. Divorce can have a range of effects on children, and the impact varies based on factors such as the age of the children, the level of conflict during the divorce, the support systems in place, and how well parents handle the transition. It’s essential to recognize that not all children will experience the same effects, and some may show resilience and adaptability.

• Adult Family Members: Parents, siblings, and other relatives may experience their own emotional challenges as they navigate the changes and support the divorcing individuals. Divorce often brings a sense of grief and loss for the end of a significant relationship. Adults may go through stages of mourning, including denial, anger, bargaining, depression, and acceptance. Adults may experience heightened stress, anxiety, and feelings of uncertainty about the future. Coping with the emotional fallout of a divorce can be challenging.

2. Altered Family Dynamics:

The dynamics within the extended family may change. Emotional wounds from the divorce process, such as feelings of betrayal, anger, or hurt, may persist, causing ongoing tension between ex-spouses and sometimes extending to other family members. For example, relationships between in-laws may become strained, and family gatherings may feel different or uncomfortable. Strained relations after divorce are common and can manifest in various ways. The dissolution of a marriage often brings significant changes to family dynamics. Divorce can lead to changes in support systems. Relatives may find themselves torn between supporting one party over the other, or they may feel the need to take sides, potentially leading to rifts within the extended family. 

3. Financial Implications:

Divorce can have significant financial implications for both parties involved. The exact impact will depend on various factors, including the financial circumstances of the couple, the presence of children, the division of assets, and the financial decisions made during and after the divorce process. In many divorces, assets acquired during the marriage are subject to division. This can include real estate, investments, retirement accounts, and personal property. The way assets are divided can impact the financial well-being of both parties. If there are children involved, the noncustodial parent may be required to pay child support. The amount is typically determined based on the income of both parents and the needs of the children. The financial strain resulting from a divorce can affect not only the immediate family but also impact extended family members who may be relied upon for financial assistance or support during challenging times. 

4. Communication Challenges:

Divorce may lead to breakdowns in communication within the extended family. Misunderstandings, gossip, or strained communication between family members can contribute to a more challenging environment. A communication gap between the families of a divorced couple is a common challenge that can arise after a divorce. Several factors contribute to this gap, and addressing them requires understanding, empathy, and effective communication. The divorce process may leave emotional scars and lingering negative feelings among family members. This can create a reluctance to communicate or a fear of reopening emotional wounds. Family members may feel torn between loyalty to one of the divorced individuals. This can create tension and hinder open communication between the families. If there’s a perception of blame or unfair treatment during the divorce, family members may harbour resentment or negative feelings toward one party. Some family members may distance themselves to protect their own emotions or avoid getting involved in what they perceive as a private matter. The divorce alters the family structure, and some family members may struggle to adapt to the new relationships and interactions.

5. Changes in Family Traditions:

Family traditions often undergo changes after a divorce due to shifts in family dynamics, living arrangements, and relationships. The extent of these changes depends on factors such as the level of cooperation between divorced parents, the age of the children, and the overall family’s ability to adapt. Cultural and religious traditions may be adapted to suit the new family structure. Individuals may choose to celebrate in ways that align with their personal beliefs and practices. Divorced individuals may celebrate holidays or milestones separately, requiring extended family members to adjust to new arrangements.

6. Role of Extended Family in Support:

Divorce is a challenging life event that can have a profound impact on individuals and families. Amidst the emotional turmoil and changes, the support of family members becomes instrumental in helping individuals navigate the difficult terrain of divorce. Support from family during and after a divorce can be crucial for the well-being and resilience of individuals going through this challenging life transition. Family members serve as a pillar of emotional support during divorce. They provide a safe space for individuals to express their feelings, fears, and uncertainties. This emotional backing helps alleviate the sense of isolation that often accompanies divorce, fostering a sense of belonging and understanding. Extended family members may either provide crucial emotional support during the divorce process or, in some cases, distance themselves due to discomfort or allegiance to one party. 

7. Legal and Custodial Issues:

Divorce is a challenging process that often involves complex legal and custodial matters. Legal proceedings often come with financial burdens, including attorney fees and court costs. Family members may offer financial assistance, helping individuals access legal representation and navigate the legal process more effectively. Extended family members may become involved in legal matters, especially if they have close relationships with the children or if there are disputes over custody or visitation. They can contribute to creating a supportive environment for the children including maintaining regular family routines, providing a sense of stability, and ensuring that children feel connected to their extended family members despite the changes in their parents’ relationship.

8. Long-Term Effects:

The effects of divorce can have long-term implications on future generations within the extended family. Patterns of relationship dynamics and coping mechanisms may be passed down. Divorce often triggers a range of emotions for all family members. In the long term, individuals may grapple with lingering feelings of grief, loss, and sadness. Children, in particular, may experience emotional challenges, including a sense of abandonment, guilt, or anxiety, which can persist into adulthood. The dynamics of parent-child relationships can undergo substantial changes post-divorce. While some families successfully navigate co-parenting, others may experience strained relationships, leading to potential long-term consequences. Children may struggle with issues of loyalty, trust, and attachment, impacting their ability to form healthy relationships in adulthood.

CONCLUSION:

Family support is a cornerstone for individuals facing legal and custodial challenges during divorce. Emotional backing, financial assistance, and practical guidance from family members can significantly alleviate the burdens associated with legal proceedings. When children are involved, the support of extended family becomes even more critical in maintaining a stable and nurturing environment for them. By rallying around individuals undergoing divorce, families not only provide much-needed assistance but also contribute to a smoother transition and better outcomes for everyone involved. Individuals respond to divorce in diverse ways, and the impact can vary based on factors such as the nature of the divorce, the level of conflict, the support system available, and personal coping mechanisms. Seeking support from friends, family, and mental health professionals can be crucial in navigating the emotional and practical challenges associated with divorce. The long-term effects of divorce on families are intricate and multifaceted, involving emotional, social, and economic dimensions. While divorce undoubtedly presents challenges, it also offers opportunities for growth, resilience, and the development of coping mechanisms. Understanding these long-term effects is crucial for individuals, families, and society as a whole, as it allows for informed support systems and interventions to mitigate the negative consequences and promote healthy post-divorce adjustments.

REFERENCES:

BOOKS:

• Dr. Paras Diwan, Modern Hindu Law, ISBN-13: 9789391787554, 26th Edition
• Dr. S.R. Myneni, Hindu Law, ISBN-13: 9789394739420, 2nd Edition

WEBSITES:

• https://www.marriage.com/advice/separation/separation-and-divorce/ originally written by Racheal Pace on the website of Marriage.com
• https://www.familymeans.org/effects-of-divorce-on-children.html 
•  https://lifesupportscounselling.com.au/resources/blogs/separation-and-divorce-how-it-can-impact-a-family/
• https://www.legalserviceindia.com/legal/article-2132-impact-of-divorce-on-children.html originally written by Gunjan on the website of Legal Service India