LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dipangkar (Business)     19 July 2011

Supreme Court Says Hindu Divorce Law Breaks Homes

Supreme Court Says Hindu Divorce Law Breaks Homes
--- >

 

 

 

Indian Supreme Court has slammed the Hindu Marriage Act (HMA), saying its divorce provisions are only breaking homes.



The court commented sarcastically Tuesday that nowadays, divorce petitions were being prepared even before the nuptial knot had been tied.

 

 

"When a marriage takes place, the respective spouses keep a divorce petition ready, anticipating a breakdown,” Justices Arijit Pasayat and GS Singhvi said, hearing a case where a couple is fighting for the custody of their 11-year-old son.



'Ego should get dissolved for the sake of the child,' the bench remarked even as the separated parents tried to air their views.



The apex court told the separated couple that it was more concerned about the welfare of the child, rather than the recrimination between the couple.



'Ultimately the child suffers. If it is a girl, the trauma is more, particularly at the time of the marriage of such children,' Justice Pasayat, speaking for the bench observed.



The court was commenting on provisions like insanity and leprosy, which are grounds for divorce under the HMA. “Our grandparents also suffered from mental illness. But spouses never parted company... The effort was to save the home,” Justice Pasayat said.



The concept of divorce has been traditionally alien to Hindu marriage. But in 1955, parliament enacted the HMA, allowing divorce. Either spouse may seek dissolution of marriage on grounds of infidelity, cruelty, desertion and conversion, or if the other party has renounced the world, suffers from a mental illness, incurable leprosy or communicable venereal disease, Hindustan Times reports.


Divorce is allowed by mutual consent, or if a spouse has been thought to be dead for seven years.


While the blunt-speaking Pasayat is known for his relatively conservative views, Law Commission member Tahir Mahmood seemed to agree with the court’s views.

 

 

“The law doesn’t conform to the ethos of Hindus. We don’t expect Hindu men or women to charge their spouses with cruelty and seek divorce. Also, the law has certain shortcomings... like, the word cruelty has not been defined,” he said.



Liberal judicial interpretations of the HMA is contributing to increasing divorces in India, Mahmood asserted.



Learning

 19 Replies

Dipangkar (Business)     19 July 2011

"The court commented sarcastically,

that nowadays,

divorce petitions were being prepared  

even before

the nuptial knot had been tied." :P

 

 

 

 

Ha Ha... How true... after all those posts i saw on Lci. 

**Victim** (job)     19 July 2011

Nice Article Mr. Dipangkar

2 Like

adv. rajeev ( rajoo ) (practicing advocate)     19 July 2011

" Divorce "Now a days it has become a fashion

2 Like

Saurabh..V (Law Consultant)     19 July 2011

@Author

 

Hon'ble Justice Arijit Pasayat retired one year ago ..

 

How old is this SC Order?

 

//peace

/Saurabh..V

1 Like

Dipangkar (Business)     19 July 2011

@ Victim,

Yeah really Nice Article. But don't give me the credits for it.

This was an article from the Hindusthan times. I preserved this article in my hard disk, so the original link toward it, and also the Original Author's name were lost. The credit for it goes to the SC & that original Unknown Author.

Dipangkar (Business)     19 July 2011

@ adv. rajeev ( rajoo ),

Yes, I am glad the Indian SC was wise enough to see through that Fashion... ha ha...

Dipangkar (Business)     19 July 2011

@ Saurabh..V,

Yeah. I think, It's one of his Last case before his retirement..

Dipangkar (Business)     19 July 2011

“Our grandparents also suffered from mental illness.

But spouses never parted company...

The effort was to save the home” 

 

 

 

The Morals of the SC really are WISE.

gopal acharya (B.A.,LL.B.)     20 July 2011

its problame of western culture effect in our country. which is worried by sc. realy its big problame.

Sandeep Aggarwal (Advocate)     20 July 2011

Dear rajoo or advocate rajeev. You seems to be very fashionable. Have you adopted this fashion of divorce or still without fashion and backward. So please mind it. Never say divorce is a fashion now. Just see the humiliation of the person who goes through this Fashion as per your words. Please be reasonable.

Sandeep Aggarwal (Advocate)     20 July 2011

Divorce is a Severe Pain and only sufferer can feel it. Others cannot.


(Guest)

Right Saying Sandeep, Ask me how tough and agonising it is to divorce your wife with whom I undergone customs and rituals during marriage for staying forever, in health and sickness, good and bad times and Now I am fighting a divorce case with her.....

Nobody wants to divorce there spouse, but unfortunately circumstances and for wellbeing of both, these stern steps are taken, ONLY THE SUFFERERS CAN UNDERSTAND THE MEANING OF DIVORCE and hearings in courts,  particularly when we all as human beings have a heart as well,,,, but times have changed and institution of marriage is obsolete in this generation which is very self centered and think about themselves and fulfilling there interests.

This is a western concept and has overtaken our Indian customs, Nobody can save the high divorce ration in India now and it will rise on and on and on..............

1 Like

Ms Liberal (others)     21 July 2011

Very True as thsi was not happen in previous days which was even daid by one of theri Lordships agreed with this contention that attrition do happen in our families i.e in their parents when we were child

But divorce happen in very extreme case .These are made to protrect the woman  People wanna to take advatage by making misuse of the same

1 Like

(Guest)

But Ms Liberal these days, Men are equally the sufferers as women. Women are in way less capable than men and are equal in all respects, then Why the laws are centric around women.....

I think Law needs to be amended with equal status quo for both the genders.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query