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

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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.”

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Couples Who Poke Fun At Each Other Are More Likely to Stay Together

Importantly, having an aggressive sense of humour is a bad sign for the relationship in general, but it is worse if this style of humour is used in the relationship, the study noted

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Night-owl women not for long-term relationships: Study
Teasing your partner playfully can make lasting relationship. pixabay

Are you always in a mood to tease your better half? Then there is good news. A new study suggests that couples who poke fun at each other, indicating humour, are more likely to stay together.

The study showed that inside jokes are particularly important because they affirm ones relationship through laughter, the Daily Mail reported.

However, couples who share mean-spirited jokes with nasty jibes are unlikely to last, which indicates a problem in the relationship.

“Playfulness between romantic partners is a crucial component in bonding and establishing relational security,” said Jeffrey Hall, Associate Professor from the University of Kansas in the US.

“Particularly shared laughter is an important indicator of romantic attraction between potential mates,” Hall added.

The team examined more than 150,000 participants to determine how important humour is in a romantic relationship.

Happy couples
Happy couple, Pixabay

The results, published in the journal Personal Relationships, suggest that couples who create humour together — including inside jokes — are more likely to last.

But, this does not mean that people who are funny or can make a joke out of anything would be more lucky in love.

“If you share a sense of what’s funny, it affirms you and affirms your relationship through laughter,” Hall was quoted as saying by Daily Mail.

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However, couples should not go too far, Hall warned.

Importantly, having an aggressive sense of humour is a bad sign for the relationship in general, but it is worse if this style of humour is used in the relationship, the study noted. (IANS)