Based on recommendations of the Law Commission, a legislation was
proposed. The Marriage Laws (Amendment) Bill, 2010 to amend the Hindu
Marriage Act, 1955 and the Special Marriage Act, 1954 to making divorce
easier on ground of irretrievable breakdown of marriage was introduced
in the parliament in 2012. The Bill replaces the words "not earlier than
six months" in Section 13-B with the words "Upon receipt of a
petition."
It also provides a
better safeguard to wife by inserting section 13D by which the wife may
oppose the grant of a decree on the ground that the dissolution of the
marriage will result in grave financial hardship to her and that it
would in all the circumstances be wrong to dissolve the marriage.
New section 13E provides restriction on decree for divorce affecting
children born out of wedlock and states that a court shall not pass a
decree of divorce under section 13C unless the court is satisfied that
adequate provision for the maintenance of children born out of the
marriage has been made consistently with the financial capacity of the
parties to the marriage.
Marriage Laws (Amendment) Bill, 2010 makes similar amendments to the Special Marriage Act, 1954 by replaces the words "not earlier than six months" in Section 28 with the words "Upon receipt of a petition." and provides restriction on decree for divorce affecting children born out of wedlock.
However, there was strong opposition to this bill due to the objection that it will create hardships for women and that the bill strongly supports one party while both parties should be treated equal in divorce. Therefore, the bill was amended to provide for wife's consent for waiver of six-month notice with the words "Upon receipt of petitions by the husband and the wife."
The Bill was passed passed by the Rajya Sabha in 2013, though it was not passed in the Lok Sabha.
Marriage Laws (Amendment) Bill, 2010 makes similar amendments to the Special Marriage Act, 1954 by replaces the words "not earlier than six months" in Section 28 with the words "Upon receipt of a petition." and provides restriction on decree for divorce affecting children born out of wedlock.
However, there was strong opposition to this bill due to the objection that it will create hardships for women and that the bill strongly supports one party while both parties should be treated equal in divorce. Therefore, the bill was amended to provide for wife's consent for waiver of six-month notice with the words "Upon receipt of petitions by the husband and the wife."
The Bill was passed passed by the Rajya Sabha in 2013, though it was not passed in the Lok Sabha.
Hindu Marriage Law
Ozg Experts & Lawyers
Email: hindu.marriage@ozg.co.in
