SAFEGUARDS - Amendments to Marriage Act: Experts wary of pitfalls

With experts warning of pitfalls in the proposed amendments To Hindu Marriage Act,1955, the Centre has decided to consider other grounds for divorce. But several other experts warned of pitfalls in the proposed law. Eminent lawyer Kamini Jaiswal felt the amendment may not be a "bad idea'' for urban women wanting to opt out of a relationship, but it may adversely impact rural women who have few options. "I feel there should be a comprehensive look at all laws relating to maintenance and alimony instead of a piecemeal look at one amendment,''she added. Kirti Singh, former Law Commission member described the amendment as "disastrous'' if it came without adequate safeguards. "The amendment should only be brought when women are given adequate share in household assets and maintenance. Most women get a pittance from the courts and most do not want to get out of a marriage only because there is nothing to sustain them outside it,'' she said, adding that this would only provide relief to men.

According to existing Hindu Marriage Act,1955, divorce can be granted on three grounds, matrimonial fault, divorce by mutual consent and frustration due to specified circumstances. According to the first ground, marriage can be dissolved when either spouse has committed a matrimonial offence. Under this provision, it is necessary to have a guilty and an innocent party in matrimonial dispute and only the innocent party can seek divorce. Divorce on mutual consent is based on the fact that since two persons can marry on their free will, they should also be allowed to move out of their relationship if both agree to do so. Under "frustration by reason of specified circumstances'', divorce can be granted to a person whose spouse has met with "civil death'' disappeared without a trace for at least seven years, or renounced the world.

The Law Commission in its report points out that the ground of matrimonial fault is not always sufficient for divorce and may cause injustice in disputes where the marriage cannot work although none of the parties is at fault, or the fault is of such a nature that the parties to the marriage do not want to reveal it. The report suggests that in such circumstances, it will be in the interest of justice to dissolve the marriage through the proposed amendment.
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(source-toi)