Everyday two out of four marriages in our country fall apart. These numbers are alarming, because there was a time when divorces were unheard of in India. However today, these are a lot more common, which is why there is a need for improved marriage laws that can safeguard the interests of the woman.
A divorce or separation not only shatters all dreams a woman might have fostered for her married life, but many a times also leaves her struggling to make ends meet. Especially if the man has decided to leave his wife and family to fend for themselves, a mother can be left with no option but to knock on every door possible for financial help. And why should she, especially if her husband decided he doesn’t want to be with her but another woman?
Some say working women divorcees are in a better position financially, but ‘divorce’ is a big thing indeed. Her parents might have spent lakhs on the wedding and on the dowry, which she can’t be expected to let go off just like that. So apart from all the pains & bitterness that involves a divorce, women often struggle for justice in this male-dominated Indian society.
A look at the Marriage Laws (Amendment) Bill
To safeguard the interest of married women and to make marriages work, on the 26th of August, 2013, The Marriage Laws (Amendment) Bill was passed by the Rajya Sabha through voice vote. Just take a look at some of the new clauses of the new bill:
This bill intends to make amendments to the 1955 Hindu Marriage Act & 1954 Special Marriages Act. According to the amendments made, irretrievable marital breakdown was regarded as a ground on the basis of which divorce would be granted, plus divorcee women were allowed to have a share in their husband’s property after separation. Also a clause in this new bill declares that the court, if convinced that no adequate provision has been arranged for maintaining the children of the couple applying for a divorce in a way consistent with the economical condition or financial capabilities of parents, might limit the grant of the legal order of divorce.
This new bill even empowers the woman to oppose the grant on the ground that a broken marriage might dump her into grave financial crisis. The new bill declares that the court will restrict any divorce grant if it is not sure about the adequacy of the provisions made for maintenance of the off-springs born out of the marriage.
Next, the court will not consider that an irretrievable breakup of marriage has taken place unless it’s proved in court that both the parties that have filed a petition for divorce, and have stayed apart from each other for a period of at least 3 years at a stretch. Also, if any of the parties wilfully remain absent from the hearings in order to evade harassment in the court, the bill declares that the court will safeguard the interest of the party and will not go ahead with divorce proceedings in that party’s absence; but will rather keep it inconclusive.
What are the grounds for divorce?
If you are currently contemplating a divorce, it helps to know more about the subject. The Hindu Marriage Act 1955 lists various grounds in its Section 13, on the basis of which divorce can be granted. Some of these are:
- Adultery
- Lunacy
- Desertion
- Cruelty
- Conversion to some other religion
- Renouncement of world
- Missing for more than seven years
- Contagious venereal diseases
- Leprosy and more
Special Marriages Act 1954 too lists similar grounds for divorce in its Section 27. However, under Section 13-B and Section 28 of Hindu Marriage Act and Special Marriage Act, divorce through mutual consent of the parties is also specified as one way of getting divorce. Here, the court gives the parties a notice of 6 months, and if the parties withdraw their petition within this six months their divorce is annulled, or else after the stipulated six months the court does basic enquires and grants a divorce.
However, cases are common where one party, who is in favour of keeping the proceedings inconclusive, doesn’t turn up in court hearings and causes an unnecessary delay for the party that wilfully wants to end the marriage. Maybe this is an area that needs to be looked in to, with new rules made to limit the time-period for which one of the partners can avoid court hearing, so that a legal divorce is not put off indefinitely.
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