INDIA BUSINESS WORLD - JUNE 1st - JUNE 30th - 2008
HINDU MARRIAGE ACT BEING MISUSED: SUPREME COURT
THE Supreme Court has said that the Hindu Marriage Act has broken homes than uniting them, taking note of divorce cases flooding the courts.
“The Hindu Marriage Act has broken more homes than uniting,” said a bench comprising Justice Arijit Pasayat and Justice G S Singhvi while hearing a matrimonial dispute petition.
The court expressed concern over misuse of the provision provided in the Hindu Marriage Act, 1955, for divorce on the grounds of spouses suffering from diseases like leprosy, mental illness. “In those days our forefathers never had such problems,” observed court adding that the marital disputes earlier were sorted out within the four walls of the house.
Section 13 of the act provides for grant of divorce on various grounds. According to it, the husband or wife may present a petition for dissolution of the marriage on various grounds. It includes various diseases like mental disorder of such a kind that both the parties cannot reasonably live together. The divorce could also be granted if they are suffering from a virulent and incurable form of leprosy; or has been suffering from venereal disease in a communicable form. The court regretted that the growing number of divorce cases in the country was having a disastrous effect on children of families which get broken in such a manner.
The court was hearing a petition filed by a divorcee seeking the custody of his child. “Ego should get dissolved for the sake of the child,” remarked bench even as the separated parents tried to air their views. The apex court told the separated couple that it was more concerned with the welfare of the child, rather than the mutual recrimination between the two. “Ultimately the child suffers. If it is a girl the trauma is more, particularly at the time of the marriage of such children,” Justice Pasayat speaking for the bench observed.
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