Research by: Farhat Naaz
Abstract
This paper examines divorce in the Kashmir Valley through social, legal and gendered lenses. Using existing empirical studies, local reporting and judicial developments, it maps trends in divorce incidence, the lived experience of divorced women and children, and the legal framework that governs marital dissolution for different communities in Jammu & Kashmir. The paper argues that rising divorce applications in the valley are driven by socio-economic change, awareness of laws, increasing women’s agency, family/kin interference, and marital violence; that legal protections (especially judicial oversight and maintenance rights) are evolving but access gaps remain; and that policy recommendations must combine legal reform, community outreach and social-support mechanisms targeted at women and children.
Introduction
Divorce in Kashmir has historically been low relative to many Indian states, but multiple recent accounts and local studies report a marked increase in separation and divorce petitions in the last decade. The socio-legal analysis of this change needs to be very rigorous. This paper brings together regional reporting, victims’ accounts, and important legal texts to:
(1) describe legal mechanisms for divorce available to Kashmir’s population,
(2) summarize empirical findings on causes and consequences (with an emphasis on women and children), and
(3) propose pathways for research, policy and practice.
Census 2011 recorded a low divorce prevalence for J&K (reported at ~0.34%). However, multiple recent journalistic and research pieces indicate that divorce petitions and separations have increased substantially, with estimates of a 30% rise since 2012 — modernization, changing aspirations, increased economic independence of women to realize her rights, and new family patterns being the reasons given by journalists for this change. These contemporary reports from the Valley highlight a social transition from tight-knit arranged-marriage norms toward greater individual choice and, correspondingly, marital dissolution when relationships fail. The increase in filings is often concentrated in younger age groups, particularly between 21 and 35, and the number of petitions from women has also grown.
Legal Context of Divorce in Jammu & Kashmir
Jammu & Kashmir follows multiple personal laws depending on religious community, along with national legislation that became applicable after the 2019 reorganisation of the state. Muslim couples primarily navigate divorce through the Dissolution of Muslim Marriage Act, 1939, and judicial divorce under civil courts; Hindus rely on the Hindu Marriage Act, 1955; and all citizens can approach courts under the Protection of Women from Domestic Violence Act, 2005, for protection, maintenance and residence rights. Family Courts now handle most marital disputes across districts. Despite these mechanisms, legal access, slow procedures, and social stigma continue to challenge litigants, particularly women.
Interview with Advocate Zarina Akhter
Speaking to Himalayan PRF, Advocate Zarina Akhter explained that the reasons women come to her for divorce have become strikingly repetitive.
“The most common complaints I hear are about extra-marital affairs by husbands,” she said. “And almost immediately after marriage—often within the first year—I see cases where the woman’s mehr and gold are taken away. That financial insecurity becomes the first crack in the relationship.”
She added that excessive interference from in-laws is another recurring trigger. “Many husbands simply fail to draw boundaries. The marital relationship gets suffocated by constant intrusion,” she noted.
According to her, divorce cases in Kashmir have undoubtedly increased. “There is a clear rise,” Zarina said. “People today have less tolerance, less sense of responsibility, and in many homes, there is still a mindset that sees a woman as a servant, not a partner. Women are denied the very basic means that could make them independent.”
She pointed out that younger women are more willing to walk out of troubled marriages compared to older women. “Women who are still young, who have opportunities ahead, and who are already emotionally or financially independent—they prefer divorce more readily,” she explained “For them, marriage was never about money; it was about companionship, respect, and emotional stability. When those elements vanish, they choose to leave.”
Zarina also described procedural hurdles in courts, including lack of sensitivity among some judicial officers and proceedings getting stuck on technicalities.
Interview Insights from Sajid Yousuf Shah
Following this, Sajid Yousuf Shah, lawyer and politician, elaborated, saying that divorce cases in Kashmir today stem from long-standing domestic discord, emotional incompatibility, financial strain, extra-marital affairs, and, in rare cases, dowry-linked issues. With rising awareness of rights, many women pursue multiple remedies such as Domestic Violence petitions and custody matters.
Shah opined that free counselling and legal aid are offered by the District Legal Services Authorities, nevertheless the quality of support diminishes by the leniency of some lawyers, plus family pressure often forces compromises that push women back into unhealthy environments, leading many couples to withdraw cases after mutual agreement. He added that courts usually grant interim maintenance when women lack an income, but the requirement to prove dependency causes further delays, and property rights continue to be complicated due to variations in personal and family laws. He highlighted delays, inconsistent seriousness from some advocates, financial pressures, and repeated hearings as major obstacles. Social media, he added, has increased legal awareness, prompting people to seek formal remedies despite slow procedures.
He emphasised the need for strict timelines, better implementation of court orders, and stronger cooperation from law enforcement.
Case Study 1: Domestic Violence
While speaking to a 33-year-old woman from North Kashmir (identity hidden), she explained that she has recently filed a divorce petition in the Family Court after years of enduring domestic violence.
The violence, she said, started “very early” in her marriage, but it intensified sharply after the birth of her first daughter. “Their behaviour changed completely,” she said quietly. “They wanted a boy… they made it very clear.” When she later gave birth to her second daughter, the situation worsened. “After that, I was treated as if I had done something wrong,” she recalled. Violence slowly became a part of her daily life — sometimes from her husband, sometimes from her in-laws, often from both. “There was never a day without shouting or humiliation,” she said, describing how she was regularly blamed, insulted, and controlled for not giving birth to a male child. According to her, even basic decisions — visiting her parents, using her phone, or having her own money — were subject to strict control.
As the conversation continued, she recalled that her mother-in-law and sister-in-law would frequently join in the harassment and give her taunts for “failing as a wife.” “It was never just one person… the whole environment was against me.” She narrated incidents where arguments turned into physical assaults and how she was often left shaken and scared, with no emotional or financial support.
Despite this, she made several attempts to reconcile. She sought help from elders and neighbours, hoping the situation would improve, but the abuse intensified. One night, after a particularly violent incident, she claims she was forced out of the house and had to seek shelter with nearby relatives.
It was only after approaching a women’s helpline and later giving a statement at the police station that she finally decided to file a divorce petition. “I had no other option left,” she said. “Either I had to save my marriage or I had to save myself.”
Her petition, now before the Family Court, cites physical cruelty, mental harassment, and continuous gender-based discrimination by her in-laws. She has also applied for interim maintenance for herself and her daughters, along with protection under the Domestic Violence Act.
Today, she, along with her two daughters, is living with her parents in North Kashmir, waiting for the legal process to move forward. “I’m still scared,” she admitted, “but at least my daughters sleep peacefully now.”
Case Study 2: Extra-Marital Affair
In another case from central Kashmir, a 29-year-old woman (name withheld) described how her marriage began collapsing barely two years after the wedding. While speaking, she recalled noticing sudden changes in her husband’s behaviour – being on the phone late at night, sending secretive messages, and long unexplained absences.
“Initially, I thought it was work-related,” she said. “But soon, even the simplest questions made him angry.” It was only after neighbours discreetly informed her that she discovered he had been involved in an extra-marital relationship for months.
What followed, she said it was then that she found herself going through a cycle that most women would recognize: emotional withdrawal, humiliation, and financial neglect. “He stopped giving money at home and started spending everything outside. When I confronted him, he said I should ‘adjust’.”
Her in-laws, instead of addressing the issue, blamed her for “not keeping him happy enough.”
The situation escalated when her husband allegedly threatened to throw her out if she spoke about the affair again. With no support from the family and unable to tolerate the constant disrespect, she approached a women’s helpline and later consulted a lawyer.
The divorce case she filed is currently awaiting hearing at the Family Court. “The end of the marriage was not my desire,” she expressed “but I couldn’t live where truth, love and dignity had no place.”
Discussion
The rising number of divorce cases in Kashmir reflects a deeper social transformation shaped by shifting gender dynamics, economic stress, and the gradual dismantling of traditional silence around domestic abuse. While the region continues to grapple with cultural expectations, patriarchal norms, and stigma associated with marital separation, women are increasingly turning to legal institutions to seek protection, dignity, and autonomy. Policymakers and legal practitioners note that in the rarest of the rare cases, divorce petitions in Kashmir have sometimes been initiated due to instances of infidelity by women; however, such cases remain statistically minimal compared to the overwhelming number of petitions filed by women citing domestic violence, emotional abuse, financial neglect, or incompatibility
Research through interviews and case studies reveal that many petitions stem from prolonged domestic violence, extra marital affairs, psychological abuse, dowry-related harassment, and gender discrimination – especially around issues such as the birth of daughters. These patterns demonstrate that divorce is seldom a sudden decision; rather, it is the culmination of years of suffering, failed reconciliation efforts, and the absence of institutional or familial support.
The growing role of Family Courts, women’s helplines, counselling centres, and police units has been influential and enabled more women to come forward and pursue legal remedies without tolerating abuse. However, the process remains slow, emotionally taxing, and often financially burdensome, highlighting the need for stronger support systems, faster adjudication, and greater awareness of women’s rights.
Ultimately, the rising divorce rate in Kashmir should not only be viewed as a breakdown of marriages but also as evidence of increasing legal awareness and the courage of individuals, especially women, who refuse to remain silent in abusive or unequal relationships. In order to accomplish the goal of a more just and safe atmosphere for the families in the region, it will be necessary to reinforce social support programs, guarantee prompt justice, and confront the underlying socio-cultural norms.
Author’s Note
This research study has been independently conducted and compiled by Farhat Naaz (Kashmir, India). All interviews, case narratives, and qualitative observations included in this paper were gathered through direct communication, secondary reporting, and documented legal perspectives as available during the period of research. The analysis reflects the author’s academic interest in gender, law, and society in Jammu & Kashmir.
