Understanding the Hindu Editorial

The Marriage Laws (Amendment) Bill, 2010

.

Grounds so far on which divorce was applicable:

--Cruelty, mental disorder, conversion, desertion and mutual consent

Details of the Bill:

·    -- Seeks to amend parts of the Hindu Marriage Act and the Special Marriage Act

·    -- Irretrievable Breakdown new ground for divorce which means ‘The situation that exists when either or both spouses no longer are able or willing to live with each other, thereby destroying their Husband and Wife relationship with no hope of resumption of spousal duties’. In this ‘no-fault’ clause, either spouse can -seek a divorce after three years of separation without having to prove the failure of the marriage in court.

·    -- legally recognize a wife's right to property acquired by her spouse during their marriage but the quantum of share will be decided by courts on a case by case basis.

·      --  give rights to adopted children at par with biological off-springs in case the parents go for a divorce.

·        -- proposed waiver of the cooling period of six months i.e earlier to seek divorce by mutual consent, couples can file a case only after a year of separation, followed by a six-month cooling off time.

Controversy over the Bill:

·    --  women’s rights activists believe that the proposed amendments are still not strong enough to guarantee the rights of women.

·    --‘Irretrievable breakdown of marriage’, they feel, is a Western concept being imported without understanding the socially disadvantaged contexts of Indian women and will largely favour man.

·     --believed the move would allow Indian men to end marriages easily, leaving non-working women with just a meagre maintenance or alimony.

·    --applicable only to Hindus and those who marry under the secular Special Marriage Act, leave out minority communities.