nishant prateek (Lawyer) 05 September 2010

amendment of hindu marriage act 2010

If wife is willingly staying away from husband for any genvine cause and after that they file an applicatin for divorce

on mutual consent but the husband does not attend the court for 3 years after that.The period of 3 (three)years

lapsed after filling the petition u/s 13(B).Wife moved a petition for irretrievable break down of marriage and

pleaded for divorce on the ground of Irretrievable Break Down of Marriage under Marriage Law Amendment Act

2010 which guarentees divorce on that ground.The husband challanged constitutional validity of the Amended

Act of 2010.Pleading it is in violatin of constitution and law is unreasonable.As is facilitaes breaking of

marriage easily and is against Hindu Tradition.

My question is on what grounds the husband is challenging the constitution??

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2 Replies

Guest (Guest) 05 September 2010

The basic principle of challenging the legal validity of any provision on the basis of ultra-vires to constitution of India, there must be a real cause and real affected parties. In other words, the petitioner has to show his locus-standi. Then only either S.C. or H.C. will take up the matter. This matter is a little premature, as the matter is pending before the Parliament.

Arup (UNEMPLOYED) 05 September 2010

absolutely an imaginary question.

"Wife moved a petition for irretrievable break down of marriage and pleaded for divorce on the ground of Irretrievable Break Down of Marriage under Marriage Law Amendment Act 2010 which guarentees divorce on that ground "

AS ON DATE IT IS BILL, NOT ACT.

"My question is on what grounds the husband is challenging the constitution?"

LET IT BE ACT FIRST THEN WILL BE EASIER TO DISCUSS. EVERYTHING IS UNCERTAIN - AS ON DATE.

IF YOU FACING ANY MAT PROBLEM, PUT IT FOR DISCUSSION.