Home India Supreme Court...

Supreme Court examines self; ‘Are we being too liberal with law in granting divorce?’

0

divorce-india

By NewsGram Staff Writer

A bench of Supreme Court has decided to examine whether the top court should grant divorce to couples on the ground of irretrievable breakdown of marriage, without taking into consideration the mandatory 18-month period of separation.

Under Article 142 of the Constitution, the Supreme Court has been exercising its authority to grant divorce to married couples even when the Hindu Marriage Act demands the couple to stay apart for 18 months before separating with mutual consent.

The Article 142 states that the Supreme Court has the power to deliver any order required “for doing complete justice.” The court has used this act as a provision to grant divorce in many cases, dispensing the six-month waiting period after a judicial separation of one year, which makes it 18 months under Section 13B of the Act.

As reported in The Indian Express, the government has informed the top court that there is no proposal in the Article to include irretrievable breakdown of marriage as one of the conditions to grant divorce. However, a bench of Justices Ranjan Gogoi and N V Ramana has decided to examine whether judges should override the legislative will. As per the report, while negotiating a bunch of petitions wherein couples wanted the waiting period to be dissolved since there was an “irretrievable breakdown of marriage,” Justices Gogoi and Ramana conjectured on whether they should exercise such power against what the Act permits.

They asked Attorney General Mukul Rohatgi for his perspective. AG Rohtagi reportedly stated that the legislature was not considering irretrievable breakdown of marriage as a basis for granting divorce.

Rohatgi said that there have been dissenting views of different benches of the apex court between 1996 and 2010, regarding the dissolution of the six-month notice period. While some judges agreed for the relaxation of six-month notice period, the others said if legislature had a specific provision, couples should be sent to family courts for getting divorce .

According to the report, Rohatgi decided to leave it on the constitution bench to decide whether divorce can, at all, be granted on the ground of irretrievable breakdown of marriage and the waiting period should be done away with.

While the bench is waiting to hear the case in August, NewsGram asked general public for their opinions on the subject.

Himanshu Kumar, a working professional, states, “Irretrievable breakdown will be a too flexible law to grant divorces, because the definition for irretrievable varies from person to person. And even a futile situation could be irretrievable for some people. Like, I once read in news where a woman demanded divorce because her husband used to switch off the fan at night. So, instead of making flexible laws, proper & mature counseling should be provided to the couples.”

While Himanshu seems to be against considering irretrievable breakdown of marriage as a ground for divorce, Tanuj Mitra, a Kolkata resident, is of the opposite views. Tanuj states, “What I feel is that granting divorce on grounds of irretrievable breakdown of marriage should be flexible enough and justice should prevail without the mandatory 18-month separation. The top court should override the legislative will irrespective of government proposals. Since it’s a pro-Hindutva government, it will look to preserve the marriage in the set parameters of the Hindu Marriage Act and might not introduce any such legislature. As per my view, the waiting period should be curtailed and the SC should exercise its power on granting absolute justice. Sending the divorce cases to family courts will only leave the case as well as the panel perplexed as human beings are complex individuals.”

Next Story

Couples Turn To Drive-thru Weddings Amid The COVID Pandemic

Dozens of couples anxious to wed in the midst of the pandemic are taking advantage of a drive-thru wedding facility in Brazil

0
Couples
Love cant be stopped, many Brazilian couples are turning to Drive-thru weddings. Pixabay
Wedding in pandemic
Wearing masks to prevent the spread of the new coronavirus, a couple at a drive-thru wedding of Santa Cruz, Rio de Janeiro, Brazil. VOACOVID

An official of the marriage registry, Alessandra Lapoente, said the drive-thru system allows more couples to move forward with their nuptials, despite the ongoing threat of the coronavirus.

Brazil is at the top of the coronavirus epicenter in Latin America, with more than 430,000 infections, the second-highest number of coronavirus cases in the world.

Also Read: Dangers From Deep-Sea Mining Hazadous: Reports

Brazil has also confirmed more than 26,000 deaths. (VOA)

Next Story

Dealing With A Break-up while In A Lockdown

The normal breakup stress level has multiplied by a thousand times due to lockdown, here are some ways to cope with it

0
breakup
Here are some tips on how to cope with break-up during this unparalleled time. Pixabay

BY SIDDHI JAIN

There is no right time for break-up and we guess there will never be one. Throw in an invisible potentially fatal virus that is spreading at an expeditious rate globally, lost jobs or work-from-home shifts, economic uncertainty, being isolated in lockdown, worrying about daily essentials, and the normal breakup stress level multiplies by a thousand. Beejal Gosai Psychologist, Mpower – Cell lists what one going through a breakup should expect and how to cope during this unparalleled time.

Difficulty in letting go

This is the most difficult step that comes with any normal breakup – be it holding on to the person or memories. In these times when we are forced to isolate ourselves from the outside world to add on to that woes of a lost relationship, are bound to make one feel lonelier than ever. We may tend to hold on to the memories that we created with a person more than ever which may help us feel less lonely. It is important to know what you deserve and who you want to become from the lessons learned in this relationship. Focus on building a relationship with yourself.

Feel your feelings

Please allow yourself to grieve. You will grieve the person you once were, the person who was less heavy with this kind of feeling. You will grieve the future and the memories that you had thought you would make with them by your side. You are allowed to grieve loss of your relationship you once had. So accept it and allow yourself to feel the hurt, pain and in certain cases also the feeling of being wronged. In the times when we are not allowed to have a physical social support, make the utmost use of the technology to receive support from your friends and families who will be ready to be with you from afar. Use apps like Skype, Zoom, Team link, Google duo, FaceTime.

Relationship
When in a relationship, we often tend to be dependent on our partner which makes break-up very painful. Pixabay

Let this situation sink in

When in a relationship, we often tend to be dependent on our partner or at some point in time, his or her presence helps us regulate our emotions or help us manage our lives in a more organized way and when that person is gone, it is very difficult to come into terms with the reality. After the initial pain and shock subsides, it is important to try and put things into perspective. Maybe several issues had been festering within the relationship and a breakup had always been a distinct possibility. It is important to ponder over the lessons you learned from this relationship and to also take care of your emotions which are probably all over the place at the moment. Treat yourself with compassion and kindness but most importantly, be there for yourself.

Stop over thinking

The last thing that you would want to do post break up is overthink. Don’t overthink about things like what if your old flame gets a partner and you don’t? After breakup, it’s highly possible that you will think, rethink, rewind, replay, analyze and dissect past moments. Do not get trapped in questioning yourself �what-ifs’ in your head. That is a vicious cycle and will just led you in spiral downward cycle. Instead, focus on what made you leave the table or relationship at the first place, what unhealthy signs you ignored just because you were too afraid of losing the person, did you notice any red flags in the relationship, what you do not want to allow in your future relationships. It is always important to remember that a break-up can actually make up for all the lessons that you never thought you needed. So keep the eyes open.

Also Read: COVID-19: Samsung Exclusive Stores get ‘Suraksha’ Certified

Bottom line

Even when they are the right thing to do and probably the most important thing to do, breakups are painful. If you follow through with your plan to break-up, make sure you stay focused on good self-care. Whether your turn to journaling, reading self-help books, or online therapy by seeking help to a professional, use this time to focus on your own healing process. (IANS)

Next Story

Having a Child with Cancer Doesn’t Impact Parents’ Separation: Researchers

Being parents to a cancer patient kid doesn't trigger separation, say researchers

0
cancer seperation
Chldhood cancer may not trigger seperation among parents according to researchers. Pixabay

Contrary to traditional belief, researchers now say that having a child with cancer did not appear to impact parents’ risk of separation or divorce or affect future family planning.

Childhood cancer can cause feelings of fear and uncertainty among parents and burden them with many practical challenges related to caregiving and work-related obligations, according to the study published in the journal Cancer.

For the findings, the research team from the Danish Cancer Society Research Centre examined data from several registries in Denmark, linking information on parents of children diagnosed with cancer in 1982-2014 (7,066 children and 12,418 case parents) with parents of children without cancer (69,993 children and 125,014 comparison parents).

Parents were followed until 10 years after diagnosis, separation or divorce, death, emigration, or the end of 2017, whichever came first.

Overall, parents of children with cancer had a four per cent lower risk of separation and an eight per cent lower risk of divorce compared with parents of children without cancer.

Among parents of children with cancer, those who were younger had less education, and were unemployed had elevated risks for separation and divorce.

The findings showed that risks were also higher among parents of children diagnosed at a younger age.

divorce-separation
Parents of children with cancer had a four per cent lower risk of separation. Pixabay

The investigators also evaluated how the diagnosis of cancer in a child affects parents’ decisions on having another child.

Also Read: Lockdown: Here are 5 Occasions to Celebrate With Luxurious Meals at Home

They expected that parents of a child with cancer would have fewer children than parents of children without cancer and that they would postpone having another child.

This was not the case, however, as the researchers found that the childhood cancer experience did not negatively affect parents’ future family planning in Denmark.

The researchers noted that health care providers should communicate these reassuring and encouraging findings to parents, but that support should be offered if needed to improve family life in the long term. (IANS)