The Hindu Marriage Act – Divorce made easy will it Lead to Collapse of Family Environment in India? Now be free !!!

The Hindu Marriage Act – Divorce made easy will it Lead to Collapse of Family Environment in India? Now be free !!!!

Hindu Marriage Act – Divorce made easy Will It Lead to Collapse of Family system?
What will be effect of easy divorce on Indian Society?
Does easy divorce will increase the divorce rate in India?

Balaji MBA

Tuesday, July 15, 2010

The Union Cabinet approved an amendment in the Hindu Marriage Act 1955 and Special Marriage Act 1954 which provides for divorce of a couple in case of irretrievable differences.



Easy divorce law will not lead to collapse of family system.
Easy divorce law will not increase the Divorce rate in India.

So what is necessity of this law, this amendment in the Hindu marriage act and special marriage act 1954?

If any husband or wife wants a divorce, he or she gets divorce as per the provisions of Hindu marriage act.

Currently on which grounds husband and wife can get divorce?

Section 13 of the Hindu marriage act deals with the provisions of divorce.
In India it is very difficult to get the divorce.

Following are the few grounds on which one can get divorce?
1. Sex with another person after marriage other than spouse
2. Cruelty
3. Has converted to other religion
4. Unsound mind , incurable mental disorder
5. Has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
6. If husband marries 2nd time after first marriage or he was already married and did not reveal it to the 2nd wife

Section 13 B – Divorce by mutual consent - 

Husband and wife can get divorce with mutual consent on ground that they have been living separately for a period of one year or more, that they have not been able to live together and that thy have mutually agreed that the marriage should be dissolved.
No petition for divorce to be presented within one year of marriage.

This is the section where Government of India is going to make changes and going to add the new ground.

The "irretrievable breakdown of marriage." - will be in addition to the existing grounds for divorce in section 13 B 
When wife does not want divorce husband can not use this ground to get the faster divorce same way if Wife want divorce and husband do not want then also this ground will not be allowed to get divorce.


Currently when husband and wife both want to get the divorce through mutual consent in that case also they both do not get divorce easily and fast

Following is the procedure of mutual consent divorce in India - 

Mutual Divorce is to be filed by the couple only after they have lived apart for at least a year.

The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’.
A couple can file for a second motion after a gap of six months.

The six months time span is provided to the couple so that they get the time to reconsider their marriage.

Regarding child, maintenance, female property like gold etc everything is fix before the divorce is granted by the court.

If the divorce file is not withdrawn within eighteen months the court passes a divorce decree.

Because of this many times to get fast divorce majority couples start to lie about cruelty or file useless cases against each other including 498 A.

Many times law is misused to black mail or trouble the other partner.
By delaying the divorce and demanding date after date for the hearing of case.


This delay in a divorce just waste the time of judiciary as well as time of husband and wife.

We humans get only one life then why to waste unnecessary time of all the parties.

After divorce if both the husband and wife want they can marry again. 
No one is going to stop them to marry 2nd time with each other.

Delay in divorce just makes the life of female that is wife more miserable.

When wife does not want divorce husband can not use this ground to get the faster divorce.

Section 28 of the Special Marriage Act also provide for divorce by mutual consent as a ground for presenting a petition for divorce. Such a petition, if not withdrawn before six months after its presentation or not later than 18 months, then the court may, on being satisfied, grant decree of divorce by mutual consent.

Please do not worry about the kids and maintenance for wife the law takes care of that
their will not be any type of discrimination on the wife or kids after the divorce.

Do not think and compare with America our system of law and Divorce.

The time has come even contract marriage should be allowed in India in which both husband and wife can decide in advance what will be the consequences of divorce and sharing of property and responsibility of kids .

Even the name of the Hindu marriage act needs to be changed.
It should be renamed as India marriage act.

This is the excellent move by the government of India to make Hindu mutual consent divorce faster and easier for the husband and wife. 

This is a good news, but we need to focus on innocent women who are interested to live with her husband , husband may innocent or cruelty. But so many husbands directly speaking with the Judge's that not interested to live his wife. so judge's may refusing to conclusion due to the women position , if govt or court may come to takes the action against husband's it may economically and mentally affect the wife's , then second husband's reject his wife again may be future days.

So female’s point of the court and govt shouldn't take the action to give the divorce.

Because only few more males only directly affected by these type laws, But in everyday lakh of lakh women facing domestic violence in her husband's home. So Govt surely take the action in favour of innocent majority women. Because affected men have so many ways to prove their truth in courts from using various ways e.g. they will go anywhere in the world without others help with their own income but women always depends upon the male (husband or father) category.

So who to women handle by the govt of India and courts ????????