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Divorce will be Easy, Law to be Amended

  •   Fri, Jun 11 2010 08:32:32 AM

Divorce will be Easy, Law to be Amended

NEW DELHI, Jun 11 (DHNS): As part of its continuing effort to atune Indian matrimonial laws with the changing times and the complex legal issues that the courts have been grappling with, the Centre will effect amendments to two legislations by incorporating “irretrievable breakdown of marriage” as a ground for divorce. 

 
The Cabinet on Thursday approved a bill that seeks to amend the Hindu Marriage Act, 1955, and Special Marriage Act, 1954, to provide irretrievable breakdown of marriage as a ground for divorce.

Harassment
The amendment would make it possible for a man or woman to seek divorce by proving that his or her marriage had suffered an irretrievable breakdown and escape the delays and harassment caused due to reluctance on the part of spouses to turn up in courts.

Briefing reporters, Information and Broadcasting Minister Ambika Soni said Marriage Laws (Amendment) Bill 2010 was approved by a meeting of the Cabinet chaired by Prime Minister Manmohan Singh.

“The Bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or willfully avoids the court to keep the divorce proceedings inconclusive,” she said.
The minister added that the marriage laws were being amended as per the recommendation of the Law Commission as well as the Supreme Court’s observation.
  

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Comment on this article

  • Langoolacharya, Belman/USA

    Sat, Jun 12 2010

    Folks,

    Worst sufferers of divorce are children....

    Why should they go through this hell for the ego of their parents?

    Spouses should respect each other, and should understand in divorce, there are no winners except lawyers...

    Divorces increase because lack of fear of God and people being too materialistic....

    Spouses should try to settle their disputes ,if any, amongst themselves in accordance of Constitution of GOD ,not constitution of a human being...

    Jai Hoooooooooo



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  • zenita, Mangalore/KSA

    Fri, Jun 11 2010

    You donot need to replicate what the other veiwers has written. Looks like you have cheated on women,been a dirt and must have run away with your wifes passport.

     

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  • Tom Cat, Mangalore/ Saudi Arabia

    Fri, Jun 11 2010

    It is nice that the Law has taken its course to this level. It will give big relief to innocent men who have been tortured by their wife’s ( men working in gulf and wife's in India enjoying money who live in adultery) women have government support /NGO’s to support them they even seize property and passport of men . Many want gulf working men so it’s easy money for women. So ladies TATA BYE BYE

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  • adshenoy, mangloor

    Fri, Jun 11 2010

    Past, Present, Future = Love, marriage, divorce.

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  • Mabel Pinto Ramesh, Mangalore/Dubai

    Fri, Jun 11 2010

    It is nice that the Law has taken its course to this level. It will give big relief to innocent women who have been tortured by their husbands (specifically by men in dubai who live adultary) and do not attend the courts as a result the long delay in divorce have taken toll on innocent women.

    Our men having ex-marital affairs while they are Dubai go to India get married to innocent women acting saintly should be also punished. I hope it would apply to christian marriages also. Time is a great healer they say

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  • mathew, dubai

    Fri, Jun 11 2010

    good news

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  • Bharath, Mangalore

    Fri, Jun 11 2010

    Tooo bad. first of all marriages with the present youth becoming week but this should not have been amended. very poor decision by the law

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  • Abraham Coutinho, Mundkur/Bombay

    Fri, Jun 11 2010

    "Irretrievable breakdown of marriage" shall be added to the existing grounds for divorce. It is a good move for which the reason given is "the changing times". The Bill will be easily passed as it does not affect the Hindu Society in general but will help only the concerned. And for this, both Hindu Special Marriage Act 1954 and Hindu Marriage Act 1955 shall be amended. This is so far as Hindus are concerned.

    Such amendment of law should be provided for Christians also. This will help Christians to get divorce in Court of Law after the Church d the marriage as "Null & Void" when the marriage is not consumated. Such person can remarry as per Church Law again as a "spinster" or "bachelor" but has to get divorce from the court of law as per the law of the land before remarriage. Church and Court procedures are different and hence different grounds may be used.

    Further, it will also help the spouse to get divorce from Court of Law after the Church gives "separation". Church does not give "divorce". Divorce option here is to be taken careully considering Religion and & Law separately and together as an ultimate choice. But, one shall be able to come out of Legal Impediments if so desired.

    Further, like Hindus, "adoption" should be allowed for all Christians and it's denominations also and the law to this effect be amended. This is also the need of "Changing times" is my view.

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  • A.S.Mathew, U.S.A.

    Thu, Jun 10 2010

    Some marriages, when they are irreparably broken, divorce is the only solution. But the
    suffering voiceless participants are the children, and they will suffer emotional pains and their
    happiness and future will be  greatly undermined by the  parent's divorce.

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