“Divorce law in our country belong to an era that has long elapsed. But the laws have neither kept pace nor do they take into account the altered socio-economic realities of contemporary India. This is highlighted, once more, by the recent controversy surrounding grounds for divorce following Smriti Shinde's petition to the apex court urging it to consider granting unilateral divorce when a marriage has irretrievably broken down. The Supreme Court itself is ambivalent about where it stands on the matter. Under the Hindu Marriage Act or the Special Marriage Act, there are no provisions that recognize "irretrievable breakdown" or "irreconcilable differences" as grounds for granting divorce when it is not a mutually consensual decision. However, in 2006, the apex court granted divorce in the Naveen Kohli vs Neelu Kohli case, precisely because of irretrievable breakdown of marriage. But, early this year, another SC bench refused to entertain this argument in the Vishnu Dutt Sharma vs Manju Sharma case. It decided to stick to the letter of the law. This is as good a time as any for the laws governing divorce to be updated. In doing so, the issue must not be looked at through a moral prism alone. As Indians interface with the world and are exposed to new ideas and opportunities, there is bound to be a social churn, which impacts on personal affairs like marriage and family relations. Add to this the fact that more women today are economically more independent and assertive of their rights and choices. Divorce must be seen as a social reality, unfortunate though it might be, and not as a social evil. There are of course legitimate concerns that waiving the mutual consent clause to grant divorce in cases of irreparable marital breakdown would put women in a vulnerable position. But that cannot be used as an excuse to deny those who would genuinely benefit from easing the process of obtaining a divorce. As things stand, one has to go through a lengthy, convoluted and extremely stressful procedure to get a divorce. It's time that changed.” I like to highlight some facts in countries, where there is NO- FAULT (effectively faster & peaceful) divorce exists : - · A decline in the rates of domestic violence (which is obviously of a very high concern in India) · These laws empower a man or woman in an “abusive marriage” and make it easier to leave and live separate · Means less conflict during divorce, which means less emotional harm to children whose parents, are divorcing (very much valid in my case) · Shortens the length of time it takes to obtain a divorce, which, in turn, shortens the amount of time spent in a stressful situation causing physical and mental damage to involved party (as in my case, I am having anti depression drugs as prescribed) · Financial settlements are based on need, ability to pay and contribution to the family finances, rather than on fault ( I am ready to accept any reasonable amount decided by judiciary) · Helps reduce the heavy caseloads of family courts (obviously valid for India) AMENDMENT OF THE LAW AS PER LAW COMMISSION'S RECOMENDATION :- 3.1 It is, therefore, suggested that immediate action be taken to introduce an amendment in the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 for inclusion of ‘irretrievable breakdown of marriage’ as another ground for grant of divorce. 3.2 The amendment may also provide that the court before granting a decree for divorce on the ground that the marriage has irretrievably broken down should also examine whether adequate financial arrangements have been made for the parties and children SO THIS AMENDMENT CAN MAKE UNHAPPY ATTORNEYS , NOT COUPLES!!!
The right to be independent In this era where women and man are same, equally eligible for all things, the divorce laws too should not show any discrimination. Men and women should have equal say in it. After all we are dealing with personal problems. The applicants come to the court as they need a legal certificate of their separation as their marriage had been previously registered.
Yes the divorce law should be amended in such a way that it does not discriminate and be biased. When we say that men and women have equal rights; then it should be implemented everywhere. Secondly since this is an emotional matter, it should complete its cycle within minimum time frame, without causing much pain to people involved in the case; especially the children. As far as money aspect is concerned; it should also be judiciously executed.
The divorce world in India is really growing fast. Many people break through the relationship after a short marriage. However, this law is more in demand, but there are no amendments over it. Since the verdicts takes lot of time it becomes more frustrating for both the members and mainly children suffer the most. So the law should not be gender biased and should released verdict as soon as possible, so that there is less pain involved.
since the times have changed including us, these old age prevailing laws should be amended according to the present generation. due to mismatching mentalities of couples these days there are lots of divorces taking place. and sometimes it so happens that one of the individual refrains from granting divorce for mean purposes. this aspect of divorce should be changed in the case where the marriage becomes a torture.
