Irretrievable breakdown of marriage as ground for divorce
I read Virendra Kumar’s piece, “Reconciling the spouses” (Sunday Oped, March 29). Being a member of legal fraternity, I would like to point out that though in 1981, acting on the 71st Report of the Law Commission, an amendment Bill was tabled in Parliament for amending the Hindu Marriage Act for suitably incorporating “Irretrievable breakdown of marriage” as an additional ground for granting divorce, it did not pass through. Successive governments have not pursued it for reasons best known to them.
As the feminist bodies have always opposed this, fearing possible misuse, suitable safeguards need to be discussed and incorporated for taming vested interests. Some may find this ground as a cakewalk to get relieved of their spouse without going through the present cumbersome legal process for obtaining divorce. A balance needs to be maintained for protecting the sanctity of the institution of marriage as also addressing the individual interests of the aggrieved party. Last year, the Supreme Court, while refusing divorce to a hapless person, asked him to live with a dead marriage though he had been living separately from his wife for past 17 years. Many a time, it granted relief to aggrieved couples by granting divorce on the aforesaid ground. However, as every case had its own specific facts and circumstances, it can’t be cited as a precedent for obtaining similar relief from the court. HEMANT KUMAR, Ambala City
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