Separated/Divorced Individuals Experiences with the Legal System in India: A Qualitative Inquiry

Title

Separated/Divorced Individuals Experiences with the Legal System in India: A Qualitative Inquiry

Creator

Maliakkal, Deepthi Jose; Sam George, Tony

Description

This study identifies systemic flaws and biases in the Indian judicial system, highlighting areas for reform. Through purposive sampling, 15 separated/divorced participants (nine male, six female) were analyzed via semi-structured interviews and Interpretative Phenomenological Analysis (IPA) using Atlas.ti 23 software. Analysis derived one group experiential theme: Judicial Process and Law Enforcement, with four sub-themes: The Contradictory Positions of the Court, Nonchalance toward False Accusations, Encounter with Legal Professionals, and Two Sides of Law Enforcement. Participants revealed conflicting experiences, with few achieving justice while others faced substantial delays. Male participants often encountered allegations without evidence. Regardless of gender, feelings of distress and helplessness were prevalent due to court procedures. The findings highlight the urgent need for reforms like procedural transparency to mitigate the trauma of divorce in India and emphasize a gap in existing literature on judicial effects in separation cases. Recommendations for future research are suggested. 2025 Taylor & Francis Group, LLC.

Source

Family Transitions;Volume;66;Issue;6;pp.409-444

Date

01-01-2025

Publisher

Routledge

Subject

Atlas.Ti; divorce; Indian judicial system; interpretative phenomenological analysis; judicial process; legal proceedings; Separation

Coverage

Maliakkal D.J., Department of Psychology, CHRIST (Deemed to be University), Bengaluru, India; Sam George T., Department of Psychology, CHRIST (Deemed to be University), Bengaluru, India

Rights

Restricted Access; Hardcopy may be available in the library

Relation

ISSN: 28375300;

Format

online

Language

English

Type

Article

Identifier

https://doi.org/10.1080/28375300.2025.2524666

https://www.scopus.com/pages/publications/105033058994?origin=resultslist