Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dadi Uma Mahesh (NA)     10 June 2010

Cabinet approves amendment to Hindu Marriage Act on divorce

 

The Cabinet on Thursday approved an amendment to the Hindu Marriage Act and the Special Marriage Act to make irretrievable breakdown of marriage an additional ground for divorce.

Presently, various grounds for dissolution of marriage by a decree of divorce are laid down in section 13 of the Hindu Marriage Act, 1955. The 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, 1954 also lays down similar grounds.

However, section 13-B of the Hindu Marriage Act and Section 28 of the Special Marriage Act provide for divorce by mutual consent as a ground for presenting a petition for dissolution of marriage. The said sections provide that a petition for dissolution of marriage by mutual consent, if not withdrawn before six months after its presentation or not later than 18 months, then, the court may, on being satisfied after making inquiry, grant decree of divorce by mutual consent. However, it has been observed that the parties who have filed petition for mutual consent suffer in case one of the parties abstains himself or herself from court proceedings and keeps the divorce proceedings inconclusive. This has been causing considerable hardship to the party in dire need of divorce.

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

She said the amendment would be effected through the Marriage Laws (Amendment) Bill, 2010 which would be tabled in Parliament.






Learning

 43 Replies

Kiran Kumar (Lawyer)     10 June 2010

well in the changing society, I think its a good move, but simultaneously the primary target shall be saving the marriage.

 

Recently Hon'ble SC held in Anil kumar Jain v/s Maya Jain that it is the SC only which can dissolute the marriage on the basis of irretrievable breakdown theory.....this amendment will nullify the SC opinion, but this ground shall not let the matrimonial relationship to be mere contractual in nature.

 

what will be the parameters to apply the irretrievable breakdown theory will be quite interesting to watch.

 

otherwise in my opinion its another set of poison introduced in modern Indian Society....we ll c more adamant attitude of the parties....divorce rate will be become higher and certainly the bitterness will be more.

 

Irretrievable breakdown theory is an open ground, most likely it will be misused or disused.

3 Like

Adv Archana Deshmukh (Practicing Advocate)     10 June 2010

In my opinion it is a need of today's society. There are councelling sessions for making attempts to save marriage but there is no point in pulling a practically dead marriage. Many times a party does not give consent or withdraws consent for divorce just to harrass the other.

1 Like

vinod bansal (lawyer)     10 June 2010

I do agree with Kiran Ji

Vinod Kumar Arora (Partner: PATHFINDERS)     10 June 2010

The words "Irretrievable breakdown" must be defined in the proposed Amendment Act; though not exhaustively but illustratively; so that the courts may be in position to correctly interpret what the legislature intends in Amendment Act. This also requires a best drafting.

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 June 2010

Why to travel in problem creating car.. better leave your problem creating car and leave the place 

Arup (UNEMPLOYED)     11 June 2010

please try to put the text of the ammendment act. there may be a diffrence between news and the text

Ravikant Soni (LAWYER IN JAIPUR)     11 June 2010

I suggest lawyers club india to publish the text of the bill (amendments). By that merits and demerits should be discussed.

m c bothra (retired bank officer)     12 June 2010

Our divorce by mutual consent case was filed on 17/03/2009. Girl not coming.  Case is nearing its dismissal unconcluded. This cabinet decision is only ray of hope for me. But I want to know when will it be effective. If it entails a long procedure which requires a long time for it  to be enforcable then we will be nowhere because once this case is dismissed due to 18 months time limit I will not get this chance again throughout my life. I request experts to let me know how and when will it be effective.
 

Arup (UNEMPLOYED)     12 June 2010

I BELIEVE THAT DIVORCE IS A PERSONAL LIBERTY AS THE MARRIAGE IS.

NOTHING CAN COMPLE ONE TO RESUME A MATRIMONY, WHICH IS ALREADY LOST.

MEDIA REPORTING THAT - 'IRRITRIVIABLE BREAKDOWN OF MARRIAGE' IS GOING TO BE ADD AS A GROUND FOR DIVORCE.

BUT I AM IN DOUBT OF IT.  BECAUSE THE MAIN FOCUS OF THE NEWS IS ON, - SEC 13B IE MUTUAL DIVORCE, AND NOT IRRITRIVIABLE BREAKDOWN OF MARRIAGE.

HERE I WANT TO DRAW THE KIND ATTENTION OF THE MEMBERS THAT, -

SMT SHRUTI SHINDE, WHO IS DAUGHTER OF  THE CABINET MINISTER AND TOP LEADER OF MAHARASHTRA CONGRESS, MR SUSHIL SHINDE IS BEING REFUSED BY THE COURT FOR MUTUAL DIVORCE - AFTER REFUSING MUTUAL DIVORCE BY HER HUSBAND.

ON THE OTHER WAY, AS THE HUSBAND OF SHRUTI, -  REFUSED SHRUTI - FOR MUTUAL DIVORCE, THE COURT REFUSED SHRUTI FOR MUTUAL DIVORCE.

I AM AFFRAID / ANXIOUS THAT TO REACH THE BENIFIT TO THIS PARTY, THE PRESENT AMMENDMENT GOING TO BE MADE, AND NOT FOR A GENERAL CAUSE OF PEOPLE'S HARASMENT ON MATRIMONY. THEREFORE 'IRRITRIVIABLE BREAKDOWN OF MARRIAGE' MAY NOT BE ADD AS A GROUND FOR DIVORCE OR IF ADDED – IT ADD IN SUCH A MANNER THAT COMMON PEOPLE, HAVING NO HIGH APPROACH, CAN NOT GET –

‘JUST’  ON MATTER.

THAT'S WHY TEXT ON THE MATTER IS ABSOLUTELY NECESSIRY AT THIS JUNCTURE.

Narinder Verma (Director)     20 June 2010

Hi all,

I filed petition for divorce under desertion ground, as we are living apart from last 5 years. We got married on 11.02.2004 and got a baby girl on 24.11.2004. Since September' 04 she is living with her parents. Daughter is living with her too. She is in Govt. job which she took by misleading and producing wrong affidavits. She is having house on her own name. Her intention is to harass me. In court she showed her intention to continue the marriage but after court her wording is "neither I will live with you nor let you free". We both know we can't not live together but she is selfish and greedy. Out of court she is demanding 5,00,000 rupees from me. I don't have time and money to set a detective for her, but according to my own sources I came to know about her impurity (adulteration).

I don't know wht to do. In this age I don't have anything with me neither parents nor my kid. Isn't it my right to live free and happy? Can I get my kid. I want to enjoy my baby's childhood.

I don't think new amendment will effect my case. Any other suggestions please.

Thanks

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     22 June 2010

I do agree with Mr. ARUN KUMAR GUPTA

Prathap Reddy (High Court Advocate)     23 June 2010

Do this amendment will help petitioner , who wife is objective from divorce , petitioner is fighting for divorce from last 4 yrs,

after marriage 

1) they stayed together for 20 days 

2) no physical happened 

Prathap Reddy (High Court Advocate)     23 June 2010

oops sorry 

2) No physical relationship between them since marriage 

vaishali (wife)     02 July 2010

I got married in 2003, within short period of marriage my husband got negative attitude towards me and chased me out. in 2004. In 2005 , he filed for divorce on the ground of cruelty.and I filed for restitution of cojugal rights. Hower, trial court granted divorce.it was granted on 19-4-2008. I appealed in the highcourt on 8-7-2008 against the judgement. my husband declared in the court that he has got married on 25-6-2008, and taken a second wife. and that divorce should be given.. even judges literally forced to settle for divorce for 30 lak as alimony. However , I rejected the offer and said I want to be with my husband. In the high court they reversed the trial court order .. however, they noted that the marriage is irretrievably broken..my husband again has filed in the supreme court saying he is enjoying second marriage and they have child, hence divorce to be granted as the marriage is broken...I still want to join him and I dont want divorce.. will the supreme court grant me divorce, all though I dont want on this basis.. can anybody take second wife and claim earlier marriage is irretrievably broken?

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query