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Quick Divorce
There is an update on the forthcoming amendments in marriage laws in "Are We Heading for Quick Divorce?"
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- John B. Monteiro
Are We Headed For Quick Divorce?
By John B. Monteiro
No jealousy their dawn of love overcast,
Nor blasted were their wedded days with strife;
Each season looked delightful as in past,
To the fond husband and the faithful wife.
- James Beattie, Scottish poet (1735-1803).
The delight, fondness and faithfulness sung by Beattie over two centuries ago is progressively exiting from many marriages as many failed and failing marriages are making a beeline to the courts with applications for divorce. Seeing the flood of applications and desperate hurry, the Central government is now amending the relevant acts and expanding the ground for granting divorce, including "irretrievable breakdown of marriage". This could have far-reaching consequences on the institution of marriage and on the larger canvas of family and society. But, first the facts.
As part of the continuing effort to attune Indian matrimonial laws with changing times and the complex legal issues that the courts have been grappling with, the Central government is set to effect amendments to two legislations by incorporating "irretrievable breakdown of marriage" as an additional ground for divorce. The Cabinet on June 10, 2010 approved a bill that seeks to amend the Hindu Marriage Act, 1955, and Special Marriage Act, 1954, to provide for the above as a ground for divorce. This 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 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 of marriage who file the petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or willingly 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.
A few years ago judgments emanating from the Madras High Court had recognized that "Irretrievable breakdown of marriage" could be a ground for divorce, although several other high courts took a different opinion and struck to the grounds enshrined in the existing legislations. The Law Commission of India in its 217th report had recommended incorporating "irretrievable breakdown of marriage" as another ground for grant of divorce. The Supreme Court in the case of Jorden Diengdeh versus S S Chopra and in the case of Navin Kohli versus Neelu Kohli had made the same recommendation.
At present various grounds for dissolution of marriage by 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. The 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 ground for presenting a petition for dissolution of marriage. The sections provide that a petition of dissolution of marriage by mutual consent, if not withdrawn before six months after its presentation or not later than 18 months, the court may, on being satisfied after making inquiry, grant decree of divorce by mutual consent.
But Soni said it has been observed that the parties who have filed petition for mutual consent suffer in case if 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, she added, explaining the rationale of the amendment.
When it comes to Christians, who are covered by a separate Act, the starting point is the wedding vows by the bride and bridegroom. The solemnization of matrimony vows from the Book of Common Prayers reads: "To have and hold from this day forward, for better, for worse, for richer, for poorer, in sickness, and in health, to love and cherish, till death do us part." Added is the imprimatur from the Bible which is enjoined by the priest after the vows are taken: "What therefore God hath joined together let no man put asunder". Mathew XIX-6.
The subject is open to many views. What are yours? Over to you.