Indian society has slowly adopted liberalization – the effects are clearly visible when you look at the rising divorce rates in our country. While marriage is still a sacred bond for most Indians, we now have enough common sense and Western philosophy in us that we’d rather sever those bonds instead of suffering silently through a ruined marriage.
The divorce scenario in our country has changed quite a lot too, especially for Hindus. Women’s rights have gotten a boost, for one. There have been many laws passed by the government too, along with historical judgments that have levelled the playing field in terms of the ease of filing for divorce for the fairer sex. In this blog, we take a look at some of the new Hindu marriage laws that have come into effect in recent times.
Grounds for Divorce
In our country, there are various laws that are used to govern the marriages of various sections and religious minorities of Indian society. The majority of the population is governed by the Hindu Marriage Act of 1955, which applies to Hindus, Jains, Buddhists, and Sikhs. For other minorities, laws like the Indian Divorce Act of 1869, the Parsi Marriage and Divorce Act of 1936, and the Dissolution of Muslim Marriages Act of 1939 is considered. There is even the Special Marriage Act that governs the marriage between persons belonging to two different religious communities.
What is common among all these laws though, are the valid grounds for filing a divorce. These grounds or divorce rules in India include:
- Adultery
- Presumed dead
- Desertion
- Conversion
- Non-restitution of conjugal rights
- Venereal disease
- Non-resumption of cohabitation
- Cruelty
- Mental disorder
- Renouncement
All the laws that deal with marriage and separation in our country are based on the fault theory. This theory implies that a partner in a marriage has got to be at fault – on whose basis the divorce can be filed. The Apex court, however, has taken steps to correct this.
Irretrievable Breakdown of Marriage
When a couple decides that they cannot live together as a married couple, even though they might live under the same roof, it is called an irretrievable breakdown of the marriage. There are no laws regarding this in any divorce laws in India Hindu marriage, though the Supreme Court and Law Commission have been pushing in that direction since 1978.
Nowadays, the Supreme Court recognizes the irretrievable breakdown of marriage as a valid ground for divorce and uses its powers under Article 142 to exercise the same. Though many people don’t approve of this due to the ‘sanctity’ of a marriage, all one needs to do to get a divorce approved on this ground is to reach the Supreme Court.
6-month Reprieve is no Longer Mandatory
Section 13B (2) of the Hindu Marriage Act of 1955, which details the procedure for mutual divorce, requires the court to assign a 6-month period between the first and last hearing to give the couple a chance to settle their differences. The Supreme Court, in recent times, has been waiving this rule when it becomes clear to the panel that the couple has no chance of reconciliation. Now, even lower courts follow this practice and make the 6-month cooling-off period discretionary, not mandatory like it used to be.
The Law of Maintenance is now Valid for Live-in Relationships
The provision of maintenance or alimony under the Hindu Marriage Act has been now extended to live-in relationships. Since live-in relationships are seen under the same lens by the law as marriage, the woman can seek maintenance from the court to maintain the same standard of living she enjoyed while cohabiting with her partner.
Lex Solutions also assures that no proof of marriage is necessary when cohabitation has been going on for a long time. In such cases, they say, the woman can seek maintenance under Section 125 of the Criminal Procedure Code or under the Protection of Women from Domestic Violence Act, 2005.
Adultery is no Longer a Criminal Offence
Adultery is still a valid ground for divorce, but it is no longer a punishable offense. The court is of the opinion that punishing an unfaithful spouse and/or lover cannot save a marriage. This was one of the most celebrated decisions of the Supreme Court, as it ensures the right to choose sexual partners.
Divorce Can Only be Granted by a Civil Court
Unlike the law firms in Chandigarh that will recommend going to a civil court to file a divorce, many religious institutions like Catholic churches have been in the practice of granting divorce to couples belonging to their community. This stands outlawed now, as the Supreme Court has decreed that personal law cannot override civil law and only a civil court can dissolve a marriage. That means, if the person whose marriage had been dissolved at a religious institution remarries, it would be considered bigamy, which is a punishable offense.
Conclusion
The new Hindu marriage laws have brought about quite a few important changes in Indian society. This can be especially seen in the guardianship of women’s rights by the Supreme Court. These new rules have heralded a new era in the championship of fundamental rights, which has made divorces less messy, time-consuming, and expensive while slowly marking the evolution of our laws since the British occupation.
FAQs
- Which is the top law firm in Chandigarh for cases regarding Hindu marriage?
Lexsolutions is the top law firm in Chandigarh for cases regarding Hindu marriage.
- What are sapindas mentioned in the Hindu Marriage Act?
Sapindas are usually cousins. A sapinda is someone who is: within or has a common ancestor relative within three generations above on the mother’s side of the family. Or, within or has a common ancestor relative within five generations above on the father’s side of the family.
- Can women previously in a live-in relationship get maintenance if she is employed?
Women previously in a live-in relationship can get maintenance only if they are not gainfully employed.
- What are some of the social changes regarding Hindu marriage in our country?
Some of the social changes in Hindu marriage in our country include the gradual decline in the dowry system, abolishment of Sati, changed attitudes towards child marriage, etc.
