No-Fault Divorce (Section 13B, Hindu Marriage Act 1955) requirement of 1-year separation should be removed.
Estranged spouses can mutually agree to a settlement and file for a “no-fault divorce” under Section 13B of the Hindu Marriage Act 1955. All marriages which have been solemnized before or after the Marriage Laws (Amendment) Act 1976, are entitled to make use of the provision of divorce by mutual consent. However, for filing for a divorce on this ground, it is necessary for the husband and wife to have lived separately for at least a year. This requirement of 1-year separation is the root cause for disputes, resulting into divorce cases, and henceforth harassment for both the families. I agree that family pressure from both sides can make the couple reunite. But mostly this results in filing of a divorce case which eventually turns into an embarrassment for both the families. Lawyers sometimes suggest ways to bypass this one year requirement, so why have it in the first place ? Please discuss if time permits. more
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In divorce cases, women are given preference and they even have the right on properties made by husband after marriage. Only dowry paid (in terms of jewellery or property) should be returned. In South India, mostly dowry includes property assets also, sometimes in the name of the groom (husband). All other property assets if made after marriage (and if only in the name of the husband) should not be considered as part of alimony. In fact maintenance expenses should also NOT be levied on husbands. Parents or other guardians of the women (who is being divorced) should bear the same. Of the divorced women, most of the women are educated and some are even working women. Hence maintenance charges also do not make any sense. In every Divorce, Husband and Wife, both are equally responsible. To say that women are oppressed after divorce would be a wrong statement in today's developing society. Why should Husband bear ALL the expenses in divorce cases ? This is a serious issue which if not addressed timely will deteriorate our Indian society further. more
Apr 03
During UPA rule, the government/judiciary amended the rule giving right to claim on husband's property made after marriage, in the event of a divorce. This has made divorce a favorable condition for women (who feel oppressed due to so many factors including this ailing society). Likewise married women were given right to claim on parent's property (in absence of a will), again by government/judiciary under UPA regime. This has made selfish in-laws more shrewd as they always want to grab a pie from the parental property of suffering women. In the event of any demise, such women lose support from all sides and hence their condition worsens further. Government/Judiciary cannot rectify the whole Indian society based on few cases/examples. This is where laws governing divorce should be clear and favorable to both men and women. 1-year separation period is another example. Divorce cases have increased over the past few years considerably due to these factors. And the big question is, Has the condition of women improved ? We all know the answer. more
Mar 19
Dear Rohit, There is no point in suggesting a short cut to it, unless a Global Review is done and the Laws are amended, which are totally in favour of ladies. The provisions I presume were made to help out helpless women but are being misused by educated and earning women. I was under the impression that ladies considered themselves equally capable and competent as men. Are husbands always at fault and remain in the giving end. Sad state of affairs. more
Mar 12
