Section 14 of HMA Unreasonable:
N.K.Assumi
(Querist) 09 September 2008
This query is : Resolved
That section 14 of the Hindu Marriage act 1954 is unreasonable and should be remove from the statue book. Why should the Law manacled the couple for one year when they have no desire to continue together, infact this will amount to mental torture to the couple. This one year period is unreasonable.
SANJAY DIXIT
(Expert) 09 September 2008
I think NO.
This provision is presumably designed with the object of preventing hasty recourse to legal proceedings by the spouses without making a real effort to save their marriage from disaster.
It is grounded on the public policy because marriage is the very foundation of civil society and no part of the laws and instiyutions of a country can be of more vital importance to its subjects than those which regulate the manner and conditions of forming and if necessary of dissolving the marriage contract.
The S.14 of the H.M.Act has the latent effect not only to deter people from rushing into ill-advised marriages but also to prevent them from rushing out of marriages as soon as they discover that marriage was not always made in the heaven. This is to discourage young spouses from taking recourse to legal proceedings in a frivolous and irresponsible manner.
Lets see more good views...
N.K.Assumi
(Querist) 09 September 2008
Yes Sanjay, hasty steps is the reasons, but when two adults find it difficult even to stay together for one minute and after discovering their incompatibility, why should the law forced them to stay together when they are not in position to stay together even for one minute?
Murali Krishna
(Expert) 09 September 2008
Dear Assumi, I agree with Sanjay. Before entering in to the issue, let us see the object of the Act. We don't go far for that. The name of the Act itself says that. It is Hindu marriages Act--It is not Divorce Act. The prime object of the Act is to protect marriage but not to destruct it. In order to protect, legislature enacted this.
N.K.Assumi
(Querist) 10 September 2008
That is very good comment MURALI. Lets see whether any more comment will spring up in the near future.
sanjay kumar patibandla
(Expert) 10 September 2008
Mr Murali's comment is nice. Law makers made the law by observing the roots of the society. We should not forget that the above act also permits to file divorce petition with in one year before the court in some unavoidable circumstances.
ARVIND JAIN
(Expert) 20 September 2008
LET THEM LIVE SEPARATELY FOR ONE YEAR. IF THEY CAN STILL LIVE WITHOUT EACH OTHER THEY MUST BE GRANTED DIVORCE, THATS RIGHT ASSUMI ?
