The Cabinet should have deliberated more on the amendment to the Hindu Marriage Act and the Special Marriage Act which seeks to introduce “irretrievable breakdown” as a ground for divorce. Marriage is a sacred institution. Making divorce easier may prove counterproductive.
Statistics prove that divorce rates in the U.S. increased only after many States legalised “no-fault” divorces in the mid-20th century. True, the law should be amended to expedite proceedings in broken marriages. But how is one to determine if there is indeed an irretrievable breakdown?
In the U.S., when a spouse files for a “no-fault” divorce and the other claims that the marriage is intact, the court construes that to be an ipso facto evidence of the marriage having broken down irretrievably — as the couple couldn't agree on the basic fact of whether the marriage is broken or not. If this becomes the law in India too, a spouse can easily ditch his or her partner and the children. Women from the weaker sections may be victimised as a result.
Rex S. Arul,
We need not ape the West to show that we are a liberal society. Many couples seek divorce on flippant grounds. The number of broken families has increased after divorce became easy. The proposed amendment will add to the numbers. Broken families affect all, especially children. Every endeavour should be made to save a family from breaking, instead of making it easier by further liberalising divorce laws.
That family courts are overflowing with divorce cases is unfortunate. A lot of preparation goes into most of the marriages and huge time and money are invested in them. It is well known that many couples apply for legal separation within one or two years of marriage. A marriage is a matter for families, not family courts, to deal with.