June 10, 2010 3:17:17 pm
Seeking a divorce in case marriage goes bad will now become easier with the government on Thursday approving a bill that seeks to amend two Acts governing marriages.
The amendment makes it possible for anyone to seek divorce by proving that there has been “irretrievable breakdown of marriage” and escape the delays and “harassment” caused because of one party not turning up in courts.
The Marriage Laws (Amendment) Bill 2010 was approved by the Union Cabinet chaired by Prime Minister Manmohan Singh.
The Bill provides for amendment of the Hindu Marriage Act 1955 and the Special Marriage Act 1954,Information and Broadcasting Minister Ambika Soni told reporters.
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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,she said.
The amendment bill has been prepared on the recommendations of the Law Commission as well as the Supreme Court that “irretrievable breakdown of marriage” should be incorporated as another ground for grant of divorce.
The new clause will be in addition to the existing grounds for divorce 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.
However,Section 13-B of the Hindu Marriage Act and Section 28 of the Special Marriage Act provide for divorce by mutual consent as a ground for presenting a petition for dissolution of marriage,she said.
These sections provide that a petition for dissolution of marriage by mutual consent,if not withdrawn before six months after its presentation or not later than 18 months,then,the court may,on being satisfied after making inquiry,grant decree of divorce by mutual consent.
It has been observed that the parties who have filed petition for mutual consent suffer in case one of the parties abstain himself or herself from court proceedings and keeps the divorce proceedings inconclusive,causing considerable hardship to the party in dire need or divorce,Soni added.
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