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.
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These sections provide that a petition for dissolution of marriage by mutual consent, if not withdrawn before six months after its presentation or not later than 18 months, then, the court may, on being satisfied after making inquiry, grant decree of divorce by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.
SIR PLZ HELP ME OUT TO GET QUICK DIVORCE DONT WANT TO SUFFER MORE IM SERRATED FOR ALMOST 4 MONTHS PLZ HELP
I hope that someday the plights of millions of muslim women will also force changes to MMA.
It is very important and useful for Indian society as being a lawyer several persons are facing such types of difficulties and a large numbers of litigations are pending before the family court,Therefore it is a bonafide sollution for easy dissolution of marriage.
I'm happy that people are starting to realize the difficulties faced by people going through a divorce. I have been separated for 9 years and i want a divorce but he doesn't want to give it, just coz he wants to harass me. I just wish the same rule applied to the Goa christian Act. We are suffering coz of the Portuguese rules. They seem to be redundant and need a face lift. Especially keeping in mind the times. I have been harassed physically and mentally. Even thrown out of the house (as he was playing games). However, these points weren't even discussed in the court room. Strange, I trusted my Lawyer. She was useless and didn't handle the case well, which is why i lost. Now i'm appealing to the high court and are blessed with great lawyers. Wish me all the best. Would welcome any advice or point of view.
new amendement is going to be boon for the husbands who are mentally and emotionally harassed tortured by their wive.Husbands will get some air to breathe
this amendment will be disastrous for society.marriage should be dissolved by the mutual consent only and it should not be at the mercy of judge.in male dominated indian society it will be a blunder for women and children
As per the existing law, the husband/ wife is allowed to approach the various Family courts in India , directly without the assistance of a lawyer; engaging a lawyer is only an option. Again the delay is partly due to one of the contesting parties, who wants to delay the verdict for one reason or the other. The amendment suggested by law ministry is a welcome step; after all if the marriage is not sustainable , what is the fun in hanging on to the husband/ wife. I am sure this would reduce the burden on courts and expedite divorce proceedings, there by saving time and money for the litigants.
When both husband and wife feels to stay away from each other permanently,after settling their children issue(if at all any) according to the Law, then a fast Divorce may not be a wrong thing.
The latest amendement in the HMA will ease the agony of parties in the court, but the cases of divorce will increase, which is not good for the society and against the culture of the of the country.
if you are against this law because it is against the society and culture what about the live in relationship that legal prostitution that is not against society and culture.
The change is timely since too many couples suffer for lack of compatibility. The move may benefit men more since most women in unsuccessful marriages are disinclined to remarry and hence refuse to either live with or agree to a divorce. However, due caution should be exercised when granting divorce on this ground to rural women since they lack economic independence and may be taken for a ride.
Hi, Can some one change the rules for renting in the country?? Once you rent a property, you have to wait for the clients mercy to get the rent. If you go to court, it will take a life time to get a verdict.
In India marriages have become very difficult, but the government has taken a step forward to make divorce easy. In the coming days the country may witness more divorces than marriages. To avoid harassment the government should enact a law to enable the husband or wife to approach a designated divorce court directly. If lawyers services is a necessity, then the couple feel it better to live together than take divorce by the time their separation is approved by the court.