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Irretrievable Breakdown of Marriage Made Ground for Divorce

  •   Thu, Jun 10 2010 02:47:26 PM

New Delhi, June 10 (IANS) The irretrievable breakdown of a marriage will be made an additional ground for divorce under an amendment to the Hindu Marriage Act and the Special Marriage Act approved by the cabinet Thursday.

"This would provide safeguards to parties who file petitions for grant of divorce by mutual consent but who wilfully avoid coming to court thus causing harassment to the other party," Information and Broadcasting Minister Ambika Soni told reporters after a cabinet meeting chaired by Prime Minister Manmohan Singh.

The amendment would be effected through the Marriage Laws (Amendment) Bill, 2010 that would be tabled in parliament.

Explaining the rationale for the move, recommended by the Law Commission of India in its 217th report, Soni said various grounds for the dissolution of a marriage through divorce are laid down in section 13 of the Hindu Marriage Act.

These grounds include adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, virulent and incurable form of leprosy, venereal disease in a communicable form, renouncement of the world and not heard as being alive for a period of seven years or more.

Section 27 of the Special Marriage Act also lays down similar grounds.

Section 13-B of the Hindu Marriage Act and Section 28 of the Special Marriage Act provide for divorce by mutual consent. They say that if such a petition is not withdrawn six months after its presentation or not later than 18 months, then a court may grant the divorce.

"However, it has been observed that the parties who have filed a petition for mutual consent suffer in case one of the parties abstains himself or herself from court proceedings and keeps the divorce proceedings inconclusive," Soni pointed out.

"This has been causing considerable hardship to the party in dire need of divorce and hence the amendment," she added.

The Law Commission's recommendation apart, the Supreme Court had on two occasions observed and recommended that irretrievable breakdown of marriage should be incorporated as another ground for granting a divorce, Soni said.

  

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Comment on this article

  • moolight, bangalore

    Sat, Jun 12 2010

    I absolutely disagree with the author, gone are the days of
    the myth "that woman never tell lies". there have been umpteen number
    of cases in the past decade where many educated, working, money oriented
    and even illiterate woman have misused the ipc498a and domestic violence act
    just for the sake of taking revenge, vengeance, vendetta and money against
    their husbands and inlaws. The draconian laws like ipc498a and domestic violence act
    do not even take into account the evidence provided by the male spouse at the time of arrest
    These woman deliberately keep the institution of marriage inconclusive
    just for having fun at their parents house because they very well know that they will get
    maintenance amount from their husband and inlaws.
    Wake up people of India, u might have seen umpteen number of cases in and around ur neibhourhood
    in the recent times where the relatives of hapless mens family have been dragged out of their
    houses in the name of draconian ipc498a and domestic violence acts on to the streets, police stations and courts. It is a welcome decision by government of india.
    I also hope that there will be punishment for those insane woman who misuse draconian laws like
    ipc498a and domestic violence acts.
    Hope sane minds look into this aspect.

    DisAgree Agree Reply Report Abuse


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