MARRIAGE LAW REFORMS

    The matter was referred to the Department-related Standing Committee of Parliament on Home Affairs and the Committee in its report has recommended the Bill as introduced by the Government together with such amendments suggested by the Catholic Bishops’ Conference of India, the National Council of Churches of India and Joint Women’s Programme as may be accepted by the Government. The Government has decided to accept all the changes suggested by these organisations except the suggestion to permit ecclesiastical courts to grant decrees of dissolution of marriage. The Law Commission of India had declined to accede to a similar request. The Commission observed -"It is the courts constituted under the law of this country that can have exclusive authority to determine disputes relating to civil rights, and there can be no surrender or abdication of that authority."Apart from the amendments originally proposed by the Government in the Indian Divorce Act, 1869, the Government had given notice of the official amendments to further amend the Indian Divorce (Amendment) Bill, 2000 with a view to making further changes in the Bill.Accordingly, grounds of dissolution of marriage have been further widened on the lines of the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 in deference to the wishes of the Christian organisations which desired that the existing law applicable to Christians should be made more progressive.

    A provision has been made for dissolution of marriage by mutual consent. This is on the lines of Section 13B of the Hindu Marriage Act, 1955 and section 28 of the Special Marriage Act, 1954.Section 7 of the Indian Divorce Act, 1869 which provides that the High Courts and the district courts shall act and give relief on the basic principles applied by the English Divorce Courts, has been deleted since after attaining independence, this provision seems to have become redundant.Section 34 which provides that the husband may claim damages for adultery in a petition in dissolution of marriage or for judicial separation, or in a petition limited to that object, on the ground of his wife having committed adultery has been deleted.Section 35 provides that where in a petition by the husband, the alleged adulterer was made a co-respondent and the adultery is established, the court may order the respondent (adulterer) to pay the cost of the proceedings. This provision has also been deleted.Provision to Section 36 which provides that alimony pendente lite shall not exceed one fifth of the husband’s average net income for three years, the next preceding date of the order has been deleted.As also Section 39 which empowers the court to order settlement of the wife’s property for the husband’s benefit and children .

    An applicant, after filing application in a court under Section 125 of the Code of Criminal Procedure, 1973, had to wait for several years for getting relief from the Court. It was, therefore, felt that express provisions should be made in the said Court for interim maintenance allowance to the aggrieved person under Section 125 of the Code. Accordingly, under the Code of Criminal Procedure (Amendment) Act, 2001 i.e. during the pendency of the proceedings, the magistrate may order payment of interim maintenance allowance and such expenses of the proceedings as the magistrate considers reasonable, to the aggrieved person. It has also been incorporated that this order be made ordinarily within 60 days from the date of service of the notice.

    A ceiling of Rs.500 was made in 1955 under Section 488 of the Code of Criminal Procedure, and it was retained in section 125 of Code of Criminal Procedure, 1973. If a ceiling is prescribed and retained it would require periodic review taking into account the inflation and rise in the cost of living as well as amendment of the provisions of the Act from time to time. This would unnecessarily be time-consuming. Accordingly, Section 125 has been amended and consequential changes under Section 127 of the Code of Criminal Procedure to remove the ceiling of maintenance allowance made to base on the assets and income of the husband.This amendment is in line with the expectations of thousands of families waiting for justice and would provide immediate relief to them. In each case litigation expenses would also accompany the maintenance. This provision is likely to bring relief to women who had to wait earlier for years in order to receive interim maintenance and also in terms of adequate quantum of relief.

    The Family Courts Act, 1984 is an enabling Act. As per Section 3 of the Act, the State Government in consultation with the concerned High Court, may establish a Family Court for every area comprising a city or town whose population exceeds one million. No target has been fixed by the Central Government in this connection. So far, 85 Family Courts have been set up all over the country.

    In a recent conference of home secretaries of States and Union Territories it was decided that in all the cities with 12 million plus population, Family Courts will be set up during 2001-2002. Besides, the Government of India sanctioned last year 15 Family Courts to be set up in the National Capital Territory of Delhi.The concept of Family Court is to ensure harmony in family life through resolution of family disputes amicably without the intervention and help of lawyers in order to maintain personal dignity and privacy of family units.