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(Guest)

irretriveable breakdown of marriage / no fault divorce

  ANI

Cabinet approves amendment to Hindu Marriage Act on divorce

 
2010-06-10 16:10:00

Union Cabinet on Thursday approved an amendment in the Hindu Marriage Act 1955 and Special Marriage Act 1954.

Talking to reporters after meeting, Minister for Information and Broadcasting Minister Ambika Soni said that this amendment provides for divorce of a couple in case of irretrievable differences.

"This will have to be carried out with mutual consent and will help reduce the harassment," she added.

The Bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or wilfully avoids the court to keep the divorce proceedings inconclusive.

At present, 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 inter alia include adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, 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. (ANI)



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 3 Replies

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 the TEXT ON THE MATTER IS ABSOLUTELY NECESSIRY AT THIS JUNCTURE.

mrgop (Owner)     12 June 2010

Is it applicable to Sec 13B only?

Arup (UNEMPLOYED)     12 June 2010

PICTURE NOT CLEAR SO FAR, BECAUSE TEXT ON THE MATTER NOT AVAILABLE. BUT MAIN FOCUS ON SEC 13B.

GENERALLY GOVT MAINTAIN SECRACY AT THIS STAGE. THE BILL WILL BE OPENED WHILE KEPT AT PARLIAMENT.


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