Parting shot

With the Union Cabinet giving its nod to amendments of the Hindu Marriage Act and the Special Marriage Act, allowing for divorce on the grounds of irretrievable breakdown of marriage, an important obstacle in the way of couples wanting to free themselves from an unhappy marriage has been removed. Hitherto, divorce was granted on grounds like adultery, cruelty, desertion, conversion to another religion and insanity as well as if either spouse was suffering from a virulent and incurable form of leprosy or a communicable type of venereal disease. But there are many couples whose marriage breaks down with no hope of the relationship being repaired. And because their problem does not fall under existing legal grounds for divorce they have been unable to divorce. The Marriage Laws (Amendment) Bill, 2010 will help such couples. Up until now, courts would in most cases grant divorce only if it was based on mutual consent. There have been countless cases of one partner not showing up in court to prevent a divorce from coming through. In such situations, divorce proceedings drag on, keeping the person wishing to end the marriage waiting endlessly, unable to get on with his or her life. The proposed amendments will change that.

The amendments will make divorce easier. It is likely to evoke criticism from those who believe that divorce is always wrong and that the law should not facilitate it. This is based on the flawed understanding that easier divorce will encourage couples to opt to split as the first option when their marriage is in trouble. While the hassle of tedious divorce proceedings does indeed deter many couples from choosing to divorce, making court procedures difficult and putting legal obstacles is not the way to keep couples together. While the process of divorce has been made easier it is not as if couples wanting to divorce can do so by the flick of a finger. Court procedures require them to undergo counselling. There is a waiting period that gives them time to think and rethink their decision.

Making irretrievable breakdown as a ground for divorce is in keeping with the worldwide trend of ending marriages that are not working. Social norms in India are changing as are gender equations and expectations of relationships. The way couples view marriage has transformed dramatically. Divorce is no doubt rising but this is because people are unwilling to waste their lives trapped in an unhappy situation. The proposed amendments are welcome.