Does anyone has any idea when this ground of divorce will be tabled  in the parliament so that deserving spouce could use ? Will it be in this Monsson session or will it take years ?

Clearly this is the misuse of the ground "irrevertible breakdown of marriage" ,as in Vaishali's case...And if the SC, doesn't take note of such misuses,more domestic violence and cruelty by spouses will follow...

This is because if the suffering spouse drags the offending spouse to court to seek justice or her rights like Vaishali did, then the offending spouse will use this ground to get a divorce,that the marriage is irrevertibly broken because his partner dragged him to court ,even if it was done for getting justice....

Long live the stupid Indian laws.....

I TOTALLY AGREE WITH ARUP JI THAT MARRAIGE Is a personal liberty and courts have no role in it. same views osho has expressed in his various teachings

Osho on Marriage and Friendship

Question : Why is it so difficult for men and women to be Friends? It Seems so ordinary, and turns out to be almost Impossible.  Either there is an ugly compromise -- like man and wife -- Or else Passion that eventually turns into Hate. Why is There always ugliness between men and women?
Osho : It is very simple to understand. Marriage is the ugliest institution invented by man. It is not natural; it has been invented so that you can monopolize a woman. You have been treating women as if they were a piece of land, or some currency notes. You have reduced the woman to a thing. Remember that if you reduce any human being to a thing -- unaware, unconscious -- you are also being reduced to the same status; otherwise, you will not be able to communicate. If you can talk with a chair, you must be a chair.

Marriage is against nature. You can be certain only of this moment that is in your hands. All promises for tomorrow are lies -- and marriage is a promise for your whole life, that you will remain together, that you will love each other, that you will respect each other till your last breath. And these priests, who are the inventors of many ugly things, say to you that marriages are made in heaven. Nothing is made in heaven; there is no heaven. If you listen to nature, your problems, your questions will simply evaporate.

The problem is: biologically man is attracted to woman, women are attracted to men, but that attraction cannot remain the same forever. You are attracted to something which is a challenge to get. You see a beautiful man, a beautiful woman; you are attracted. Nothing is wrong in it. You feel your heart beating faster. You would like to be with this woman or man, and the attraction is so tremendous that in that moment you think you would like to live with this woman forever.

Lovers don't deceive each other, they are saying the truth -- but that truth belongs to the moment. When lovers say to each other, "I cannot live without you," it is not that he is deceiving or she is deceiving, they mean it. But they don't know the nature of life. Tomorrow this same woman will not look so beautiful. As days pass, the man and the woman both will feel that they are imprisoned. They have know each other's geography completely. First it was an unknown territory to be discovered, now there is nothing to be discovered.

And to go on repeating the same words and the same acts looks mechanical, ugly. That's why passion turns into hate. The woman hates you, because you are going to do the same thing again. To prevent you, the moment the husband enters the house she goes to bed, she has a headache. She wants somehow not to get into the same rut. And the man is flirting with his secretary in the office; now she is an unknown territory. To me, it is all nature. What is unnatural is binding people in the name of religion, in the name of God, for their whole life.

In a better, more intelligent world, people will love, but will not make any contracts. It is not a business! They will understand each other, and they will understand the changing flux of life. They will be true to each other. The moment the man feels that now his beloved holds no joy for him, he will say that the time has come to part. There is no need for marriage, there is no need for divorce. Then friendship will be possible. You ask me why friendship is not possible between men and women.... Friendship is not possible between the jailer and the imprisoned.

Friendship is possible between equal human beings, totally free from all bondage of society, culture, civilization, only living true to their authentic nature. It is not an insult to the woman to say, "Honey, the honeymoon is over." It is not an insult to the man if the woman says, "Now things cannot be beautiful. The wind that has blown is no longer there. The season has changed, it is no longer spring between us; no flowers blossom, no fragrance arises. It is time to part." And because there is no legal bondage of marriage, there is no question of any divorce.

It is ugly that the court and the law and the state interfere in your private life -- you have to ask their permission. Who are they? It is a question between two individuals, their private affair. There will be only friends -- no husbands, no wives. Of course, if there is only friendship, passion will never turn into hate. The moment you feel passion disappearing, you will say good-bye, and it will be understood. Even if it hurts, nothing can be done about it -- it is the way of life.

But man has created societies, cultures, civilizations, rules, regulations, and made the whole humanity unnatural. That's why men and women cannot be friends. And men and women either become husbands and wives -- which is something absolutely ugly; they start owning each other.... People are not things, you cannot have ownership. If I feel your wife is beautiful, and approach her, you are angry, you are ready to fight because I am approaching your property. No wife is anybody's property, no husband is anybody's property.

What kind of world have you created? People are reduced to properties; then there is jealousy, hatred. You yourself know that you are attracted to the neighbor's wife; naturally, you can guess about your wife too. Your wife knows perfectly well she is attracted to somebody else, but she cannot approach that person because of the husband: he is standing there with a gun! Love is bound to turn into hate, and for the whole life the hate goes on accumulating. And out of this hatred do you think beautiful children are going to be born?

They are not born out of love, but out of duty. It is the wife's duty to allow you to use her. To tell the truth, there is no difference between wives and prostitutes. The difference is just like the difference between having your own car or going in a taxi. A prostitute is purchased only for a few hours; wives are a long-term affair, it is economical. Royal families are not allowed to marry outside royal blood: status, money, power.... Nobody can love anybody in such circumstances, where the relationship is financial.

The woman is dependent on you because you earn. And for centuries men have not allowed women to be educated, to be in business, to have jobs, for the simple reason that if the woman has her own financial status, her own bank account, you cannot reduce her to a thing. She has to be dependent on you. And do you think anybody who has to be dependent on you will love you? Every woman wants to kill the husband. It is another matter that she does not kill him -- because if she kills him, what will she do?

She is not educated, she has no experience of the society, she has no way of earning. The husband -- every husband, I don't make any exceptions -- wants to get rid of the woman. But he cannot get rid of her. There are children, and he himself has promised the woman thousands of times that he loves her. When he goes to his job he kisses the woman; there is no love in it, just skeletons touching each other. Nobody is present. Man has created a society in which friendship between man and woman is impossible.

remember, friendship is so valuable that whatsoever the consequence, remain friends even with your wife, even with your husband, and allow absolute and total freedom to each other. I don't see any problem. If I love a woman, and one day she says that she has fallen in love with somebody else and feels very happy, I will be happy. I love her, and I would like her to be happy -- where is the problem? I will help her in every way so that she can be more happy. If she can be more happy with somebody else, what hurts me?

It is your ego that hurts: she has found somebody else who is better than you. It is not a question of better, it may be just your chauffeur -- it is just a question of a little change. And if you give full freedom to each other, perhaps you can remain together for your whole life, or for the whole eternity, because there is no need to get rid of each other. Marriage creates the need to get rid of each other, because it means freedom is taken away -- and freedom is the highest value in human life.

Make all the couples free, and you will be surprised, this very world becomes paradise. here are other problems. You have children -- what to do with children? My answer is that children should not belong to their parents, they should belong to the commune. Then there is no problem. The parents can meet the children, they can invite the children, they can be friends with their children; and yet the children are not dependent on them, they belong to the commune. And it will destroy many psychological problems.

If a boy knows only his mother, the mother's personality becomes an imprint on him. Now, his whole life he will be trying to find a woman who is like his mother -- and he will never find such a woman. A girl will never find another man who is exactly a copy of her father. Then you cannot be satisfied with any woman, any man. But if the children belong to the commune, they will come in contact with so many uncles and so many aunts -- they will not carry a single picture in their minds.

They will  have a vague idea of womanhood or manhood, and to that idea, many people of the commune will have contributed; it will be multidimensional. There is a possibility of finding somebody, because you only have a vague idea. You can find somebody, and that person will make your vague idea solid, a reality. Right now you have a solid idea within you, and you meet a vague person. Sooner or later there is disappointment. And children belonging to the commune will learn much, will be more friendly, will be more available to all kinds of influences.

They will be richer. A child being brought up by a couple is very poor. He does not know that there are millions of people with different minds, different kinds of beauty. If a child moves in the commune, naturally he will be far richer. And he will have known so much before he decides to be with someone that there is a possibility of a long friendship. What happens now? You see a girl on the beach and you fall in love. You know nothing about the girl, you know only her make-up.

Tomorrow morning when you get up and the make-up is gone, you will say, "My God! What have I done? This is not the woman I married, this is someone else!" But you cannot go against your word either. And if you do, then the government is there, the courts are there to put you back into your right place. This is a very ugly situation, sick. People should be given freedom to know each other, to know as many people as possible, because each person is so unique, there is no question of comparison. Let the child drink from many sources, and he will have some insight into who is going to be the right person to live with.

Nobody will fall in love; everybody will decide consciously that "This is the one." He has known so many people, he understands that this is the one who has those characteristics, those qualities that he has loved. And then too it is only going to be a friendship. There is no fear; if tomorrow things change there is no harm. The society should not live in a routine way, in a fixed way -- static, dormant -- it should be a moving flux. One woman can give you a certain kind of joy, another woman can give you another kind of joy.

A third woman will be a surprise. So why remain poor"? -- just because Jesus has said, "Blessed are the poor"? Be richer in every dimension, and keep yourself open and available. And whoever you are with, let the other person understand clearly that "It is freedom between us, not a marriage license. Out of freedom we meet, with no promises for the future -- because who knows the future?"

When I was a student in the university in my final master's course, one girl was very much interested in me. She was a beautiful girl, but my interest was not in women at that time. I was crazy in search of God! After the examinations, when she was leaving the university.... She had waited -- I knew it -- she had waited and waited for me to approach her. That is the usual way, that the man approaches the woman; it is graceful for the woman not to approach the man.

Strange idea... I don't understand. Whoever approaches, it is graceful. If fact, whoever initiates is courageous. When we were leaving the university she said, "Now there is no chance." She took me aside and said, "For two years continuously I have been waiting. Can't we be together for our whole lives? I love you."

I said, "If you love me, then please leave me alone. I also love you, that's why I am leaving you alone -- because I know what has been happening in the name of love.

People are becoming imprisoned, chained; they lose all their joy, life becomes a drag. So this is my parting advice to you," I said, "Never try to cling to a person for your whole life." If two persons are willingly together today, it is more than enough. If tomorrow again they feel like being together, good. If they don't, it is their personal affair; nobody has to interfere. Up to now, the problem of the children has always been raised. My answer is that children should belong to the commune.

They can go to their parents, whether their parents are together or separate. And they should learn from their parents that love is no slavery, it is freedom. And they should move in the commune, tasting, enjoying different qualities of different people. So by the time they decide, their decision will be not just a foolish type of "falling in love"; it will be a very considered, contemplated, meditated phenomenon. There is a possibility they may remain together for their whole lives. In fact, if there is freedom, there is more possibility; more people will remain together.

If marriage disappears, divorce disappears automatically. This is a by-product of marriage. Nobody takes note of the simple fact: why for centuries have there been prostitutes? Who created them? Who is responsible for these poor women? It is the institution of marriage. You are bored with your wife; just for a change you go to a woman who is not going to be a bondage -- because one is enough, two will be too much. It is just a temporary, few hours' meeting. You can keep yourself lovely for a few hours, loving for a few hours.

She can keep herself lovely and loving for a few hours. And moreover, she has been paid for it. Around the world millions of women are reduced to selling their bodies. Who has done it? Your political leaders, your religious leaders. I consider these people criminals. And not ordinary criminals, because for centuries the whole humanity has been suffering because of these few idiots. But you have to start with yourself, there is no other way. If you love somebody, then freedom should be the connecting link between you.

And if you see your woman tomorrow hugging somebody else, there is no need to be jealous. She is being enriched, she is tasting a little newness -- just the way you go sometimes to a Chinese restaurant! It is good. You will come back to your own food, but the Chinese restaurant has helped you; you may relish your own food more. But after a few days, again -- that's how the mind is -- you are moving towards an Italian restaurant... spaghetti. I cannot even tolerate somebody eating spaghetti in front of me!

But that is my problem. Life is so simple and so beautiful, just one thing is missing: freedom. If your wife is being with some other people, soon she will come back to you enriched, with new insight. And she will find something in you she had never found before. And meanwhile, you need not just sit down in your chair and beat your head. You also gain experience, so that by the time your woman is back you are also new. You have also been to the Chinese restaurant. Life should be a joy, a rejoicing. And then only can there be friendship between men and women; otherwise, they are going to remain intimate enemies.

thanks mr swateer.

i kept your message in my collection.

Simon ji,

·        I am in doubt that, whether at all this law will put before the parliament or not?

I dont get how this could be the misuse? According to you anything that seperates the couple is not good. Strange... say if you work with some one and if you dont like it you have all the rights in the world  not to carry on with the working relation ship and for personal and more important things such as marriage this cant be applicable  ?  Funny & hypocritical..Please be rational and dont judge others by your lenses of Moral correctness. People have the right to live the way they want to live you cannot force anyone to live like the way society demands . If there are so many divorces woudl occur tmow hat indicates a long pending issue of People living in unhappy relationships . S be it .. why bother ? Precisely because of this immature thoughts on socitey you  see in our socity of extra maritial affairs, two/ three marriages when first wife is still alive..

simon ji,

are you answering me (yr ans dtd 4th july) or anybody else?

i am very much in line with your thinking. my thinking is exactly same as you.

please let it clear. also please read my ans once again.

Vaishali ji,

I have full sympathy to you.

You are victim of injustices done to you. No, supreme court will not grant divorce, as high court. irrevertible breakdown of marriage not yet a ground for divorce. If the divorce granted on this ground you will get it set aside. If the creaulty proves then also divorce may be granted.

·        Trial court granted divorce on 19-4-2008.

·        you appealed in the high court on 8-7-2008 against the above judgement.

·        your husband declared before the court that he has got second marriage on 25-6-2008, and taken a second wife.

19-4-2008  to  25-6-2008, the difference is 2 months 5 days (app).

19-4-2008  to  8-7-2008, the difference is the difference is 2 months 20 days (app).

You appealed out of 30 days, which gave your husband a chance to marry second time.

Please confirm whether you were on appeal or revision.

If it is appeal under sec 28 of the HMA or appeal under sec 96 or revision under sec 115 of cpc.

For appeal the time limit is 30 days, whereas time limit for revision is 90 days. You had both the options to go to higher court but HMA, SEC. 15 limited the time by 30 days.

Check your trial court petition.

Most probably appeal time extended upto 90 days to provide the revision by an judgment. I heard so. But I did not see it, therefore not confirmed. Please wait for more answers or you may request the learned advocates by sending pm to know the exact time limit.

HMA, SEC. 15. Divorced persons when may marry again. When a marriage has been dissolved by a decree of divorce an either there is no right of appeal against the decree or, if there is such right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed it shall be lawful for either party to the marriage to marry again.

HMA, SEC. 23 (d) There has not been any unnecessary or improper delay in instituting the proceeding, and

HMA, SEC 28. Appeals from decrees and orders. -- (4) Every-appeal under this section shall be preferred     within a period of thirty days from the date of the decree or order.

HMA, SEC. 17. Punishment of bigamy. Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860) Code shall apply accordingly.

Aruk Kumar Ji I was responding to Aishwarya & pleased to see some open minded people

Dear Vaishaliji, While i empathise with you , why do you want to live with the person who chose to ignore you and have his ownlife with some one else. Though you might not be able to forget him please show him that he do not deserve you and lead a life without him as obviously he does not cherish living with you. What if teh court reverses teh deciosn . how it is going to help you ? It is going to bring more pain to you and your husband and obviously affect his child from his new partner.  Be open and pursue your interst instead focussing you renergy on to a person who doesnt bother baout you . i am sure you will find peace on your pursuit to yor happiness and not through your desire to live with teh person who does nt want you

The SC can grant divorce on the ground of irritrivable break down of marriage under its inherent powers under Article 142 of the constitution.

Is our society is ready for this. Due to the urban problems of marraige which is used to be over reported and reacted, rural, middle class of females will be worstly affected. Before drafting and passing such bill a survey of our social fabric/structure of unurbanised, illeterate/semi illeterate population be taken into consideration. Or law should be divide in ti two parts, one for couples of metro cities and another for couples of non metro cities.

As per one survey, the condition of a females are worse than the slaves and 'dalits'. Wife of a dalit is more 'dalit' than her husband

Mr. jaiswal, as i have never seen any woman being treated as slave around me in whole my life.

as per recent study which was published by HT women residing in villages are more modern/free as compared to women from metros and that clearly shows they r not slaves as slaves don't have any freedom

I am living in semi urban city and which is linked to rural areas. Rural women is living with more comfort and ease. Rural people is more happier than a metro citizen. Relationship means something different than talking about slavery. We work for our family and families love. This is not a question of slavery of a man or woman in relation to each other. It is mutual understanding of both to settle their work parameters.

And marriage should exist untill the relation is there with mutual understanding and love. Compromise is also upto certain limit. Both need to understand their responsibilites.

Thanks for reading me...