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Amendment Turns Divorce to be Easier

Submitted by Prathibha Prahlad on Fri, 06/11/2010 - 11:59
Ambika Soni

The Union Cabinet has introduced a Bill of 'irretrievable breakdown of marriage' as another ground that'll now make the divorce procedure really simplified under Hindu Marriage Act and the Special Marriage Act. The amendments of this Bill have been cleared yesterday. Now, on this ground, both the husband and the wife can request for divorce.

Information and Broadcasting Minister, Ambika Soni said, "New Bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or willfully avoids the court to keep the divorce proceedings inconclusive".

The already prevalent grounds for divorce lists adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, virulent and incurable form of leprosy, venereal disease in a communicable form, renouncement of the world and not heard as being alive for a period of seven years.

Now, this amendment of 'irretrievable breakdown' will be yet, be another add on to the above and have been given by Law Commission and the Supreme Court. Earlier, according to Section 13-B of the Hindu Marriage Act and Section 28 of the Special Marriage Act, the divorce took place only through a joint agreement of both husband and wife.

But these proceedings were facing a lot of problems as many divorce cases were left inconclusive due to the problem of mutual consent, which was required. This procedure will now become easier after this amendment.

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