Hindu Marriage Act Amended By Government of India for Easy Divorce

Hindu Marriage Act 1955 and Special Marriage Act 1954 were amended by the Government of India on June 10, 2010, Thursday to avoid unwanted complications and delay in divorce in case of irretrievable differences. The amendment would make parting of ways less bitter as there won’t be much washing of linen in public.

Before the amendment breakdown of marriage was not a ground for divorce. The amendment will now enable couples to get divorce if one of them refuses to live with the other and will not work towards reconciliation, and the court is convinced that there is no hope of the two leading a normal matrimonial life.

Some experts are of the view that the amendment will only benefit men and financially independent women. Those women living in rural areas might suffer a great deal through the amendment.

Kirti Singh says in Times of India

Kirti Singh, former Law Commission member described the amendment as "disastrous" if it came without adequate safeguards. "The amendment should only be brought when women are given adequate share in household assets and maintenance. Most women get a pittance from the courts and most do not want to get out of a marriage only because there is nothing to sustain them outside it," she said, adding that this would only provide relief to men.

Until now Divorce can be granted only on following grounds

According to the existing Hindu Marriage Act, 1955, divorce can be granted on three grounds -- matrimonial fault, divorce by mutual consent and frustration due to specified circumstances.

According to the first ground, marriage can be dissolved when either spouse has committed a matrimonial offence. Under this provision, it is necessary to have a guilty and an innocent party in matrimonial dispute and only the innocent party can seek divorce.

Divorce on mutual consent is based on the fact that since two persons can marry by their free will, they should also be allowed to move out of their relationship if both agree to do so.

Under "frustration by reason of specified circumstances", divorce can be granted to a person whose spouse has met with "civil death" -- disappeared without a trace for at least seven years -- or renounced the world.



13 comments:

Anonymous said...

new hope for defence personel suffering in the hands of their wifes .

Anonymous said...

Hindu Marriage Act amended according to non-Hindu beliefs.

Marital bliss or suffering or is an opportunity to advance spiritually. When enemies in a previous life time unite as a couple in this life time, marital discord will inevitably happen because of the past ‘tendencies’. If the couple separate on account of that they will have to come together in another life to repair the damage that they wanted to perform in their earlier lives. The best alternative is to work things together through compassion and understanding by ‘seeing’ the discord as an invitation to grow together out of the animosity, past or present.

Hope this helps.
Cheers.

oriental said...

Women should be able to earn a wage as well to deal with daily chores of the household and family. They should be a little financially independent. This does not mean that the man can do nothing sheltered with excuses.

Flirting, being close to others, sharing mirth with others, discussing matters not with one's spouse/partner/companion, having disagreement on daily activities or on how to manage lifestyle, being attractive or having attraction to others should not be contributory factors to dispute upon.

Interference from in-laws and near and dear, money woes, ill health, unpredictable behaviour of children, societal stress etc. are not in the direct control of the relationship members.

No two personalities are ever fully compatible.

Expectations of one another should be realistic.

Popular media is not always an example of real life.

To support a relationship is better than trying to make mischief.

Any form of separation should attempt to be amicable.

Civility, tolerance and magnaminity are good qualities to have at all stages of a relationship.

A relationship can be better without petty arguments. Petty arguments are the outcome of interaction between members of a relationship who have different traits in their personality and have different ways of tackling a situation or have different opinions on an issue.

A relationship is unit of society in a management structure. The members of the realtionship are dealing with each other and manage their respective friends and families. It should create more efficiency in the functioning of society. When units are not as efficient as they can be and a certain degree of malfunctioning occurs in society then social organisations intervene to try and repair the faults.

Anonymous said...

i am surprise why the goverment not amendmened this law in past years ,espacialy the hindu law and special marriage act women face lot of difficilties to rid out from unhealthy married life ,so the couple who have no child and living seperately fro last one years and girl faced lot of torture from devil husband and husband is harrasing a wife by not giving divorce so government make a law for couples if one dont want to live with other so grant divorce in such case government also announce time limit for court judgement like six month to nine month , this brings good hope for girls parents that atleast they settle new life for their daughter, muslim divorce law is outstanding if one couple waht divorece easily they rid out from dirty life ,so this is much necessray to introduce immediate divorce law in india in which a victim should admit sure divorce notice in court ,bu assurance to court that at any cost she or he required divorece

Anonymous said...

If there are some devil husbands,is there any dearth of devil wives?Let's hope that the law'll protect the innocent

Anonymous said...

Now a days the wives are torturing their husband and have encouraged wives to implicate husbands for extorting money. The girls parents are more involved in exciting their daughters to extort money. If at all amendment is required is to not harass the husband till allegations are proved. If not proved, the wives should get punished/ penalised for false allegations.

Anonymous said...

Now a days women are misusing the laws. I have suffered a lot. I have married three years before but my wife does not spent more than a month. Since she realized after marriage that she will be more happier person if she got married to other person who she known for several years.But instead of getting divorced by mutual consent she has thrown lot of litigation on me and my family so that she can get huge amount in the form of alimony.

I want to know if this law has been applied or just in proposed state currently i.e. on 10th January 2010.

Thanks

Anonymous said...

My wife has been intimidating me that she would break all marital bond with me from the day of our marriage.This continued for almost six months.Finally being frustrated I agreed to allow her to do what she pleases.But surprisingly neither did she live with me nor did she give me divorce.She is not going to give me divorce and also not going to allow me to live a peaceful life.What can I do?Please help me.

Anonymous said...

What will be the fate of such women who is mother of two kids and the father is adamant on getting divorce so that he can marry a women of his own choice since his wife was his mothers choice and moreover he wants the custody of only male child

Shruthi said...

@ Anonymous..you will get justice from the court. I don't think they will give permission for divorce. What is happening with you is really bad.

I would advice you to become ecnomically independent. So that you can take care of your kids. Don't give custody of any child.

Will pray for you.

Anonymous said...

women are misusing the laws.if girl not like husband then she have a choice to file 498 a and 125 crpc and she want amount for setlement.

Anonymous said...

Now a days women are misusing the laws.some side men wrong and some side females wrong.if one she has thrown lot of litigation on family. so that she can get huge amount in the form of alimony.

Anonymous said...

my brother got married in 2007 and wife got pregnant 2008 after prg. news she went to her parents home and after delivery she refuse to come back after that my brother file for divorces then she is saying i will not sign i want to come back.now case is in court since 2010.we need to 1.-know how can he get divorces even she is refusing?2- how long it will take?3- after birth his son he did not see him (only after 2-3 time have seen ( now he is 3 yrs old) can he still meet his son?
please advise us
thank you

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