With a change in society, marital relations have undergone a sea change. But they are still being governed by archaic laws which have lost touch with reality. The law of the country should always be progressive and should reflect the changing realities. Interestingly initially there were no provisions for divorce in the Hindu marriage act but they were eventually incorporated, so better faster divorce laws are the need of the hour Says Dr. Kislay Panday, the solicitor at the Supreme Court of India.
Indian culture has proceeded onward since the first decade of freedom. Social mores and surely the general public of 2020 are not the same as what it was during the 1950s. Since independence, many ladies have made an imprint and are presently moving alongside men. No longer ladies are happy to acknowledge male strength and bear peacefully. They are presently turning out in huge numbers to fight the atrocities committed by their in laws for the sake of adjusting to traditions and conforming to the traditional Hindu values. What's more, this has without a doubt driven numerous ladies and even men to move to court for divorce and to undo the nuptial knot.
Failed marriages are on an ascent as are the divorce applications in the Indian courts. As the two people are getting more aware of their rights, they are emphatically dismissing the regressive practices and silent oppression, for example, misogyny, patriarchy, and role-biding. What's more, sometimes individuals move to court for divorce as they can't bear their partner for a plenty of reasons like habits, everyday quarrels, and so on.
In any case, getting a divorce in India isn't a simple task. One needs to comply to a lot of legal commitments. The legal framework believes in proof and specific systems. If there should arise an occurrence of the dissolution of marriage, one must prove his/her point in the court joined by a substantial explanation. Since marriage is seen as a ceremony in India, there are just a couple of legal grounds for divorce.
The most intriguing part of Indian divorce law is the explanation. There are only seven reasons specified in the law for getting a divorce, while in all actuality there can be several purposes behind not living with a life partner. In the event that two grown-ups don't have any desire to live respectively or even one of them would not like to live with the other, they ought to be permitted to do so effectively and without problems says Dr. Kislay Panday, the specialist at the incomparable court of India.
There has been a quick ascent in divorces in India, yet so as to acquire a separation lawfully, it can take somewhere in the range of a half year to 20 years. As per a gauge around 11 Indian relationships in each 1,000 end in divorce however the number in the USA is 400. The explanation behind this little rate isn't that individuals don't look for divorce but since it is lumbering to get a separation in India thus numerous couples simply live as alienated couples, isolated yet in fact actually wedded to one another prompting numerous social and good intricacies, says Dr. Kislay Panday.
The UPA government introduced the Marriage Laws (Amendment) Bill, proposing amendments to the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to make an irretrievable breakdown of marriage ground for divorce. The Bill was passed by the Rajya Sabha in 2013, but could not be taken up for discussion in the Lok Sabha. The NDA government's concerns about illegitimate and live-in relationships, stalled the process. It is wrong to believe that easier laws for divorce would lead to the breakdown of the marriage institution, in fact, it would end the marital misery and only those couples who want to live together would do so not to please the society or the peers, says Dr. Kislay Panday.
Till the Modi government introduces the revised bill not much can be expected on this front. The law minister had once indicated that a revised bill was on anvil and would be coming up for public debate. Let’s hope that happens sooner than later.
Written By: Dr. Kislay Panday, Solicitor, Supreme Court of India is of the view that archaic divorce law must make way for progressive divorce laws which are faster and easier for the good of the society.
