Friday July 19, 2019
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

People Feel it’s Time for Gay Marriage to Be Made Legal in India

While 36 per cent men and 15 per cent women said they weren't sure, a small percentage of respondents said no to it

0
Gay, Marriage, Legal
55 per cent of men and 82 per cent of women on the OkCupid community believe it is time for the next step and that gay marriage must be legalised in the country. Pixabay

After de-criminalising homosexuality in India, people feel it is time for gay marriage to be made legal in India, a study has pointed out.

According to data gathered from users of dating app OkCupid, 55 per cent of men and 82 per cent of women on the OkCupid community believe it is time for the next step and that gay marriage must be legalised in the country.

While 36 per cent men and 15 per cent women said they weren’t sure, a small percentage of respondents said no to it.

OkCupid has over a million users in India. The data was gathered through questions on the app which new and existing users answer to match better with their potential partners. The data has been gathered from an average of over two lakh respondents, said a statement.

 

Gay, Marriage, Legal
After de-criminalising homosexuality in India, people feel it is time for gay marriage to be made legal. Pixabay

As per the study, 68 per cent men and 90 per cent of women said they care a lot about the LGBTQ community.

Only 19 per cent of users in the LGBTQ community are completely out to their co-workers and acquaintances, whereas 48 per cent users responded saying they are partially out to their peers.

However, a majority of users are more comfortable coming out to their family – 44 per cent users from the community said they have confided in their family members about their sexuality. As many as 37 per cent of users have partially let their family members know.

Also Read- CCMB, CDFD to Address the Genetic Disease Burden of Indian Population

As per the study, 82 per cent men and 92 per cent women believe that using the term ‘gay’ as an insult is highly disrespectful, no matter the situation. (IANS)