DIVORCE BY MUTUAL CONSENT (WITHOUT BITTERNESS)
U/S 13 (B) OF THE HINDU MARRIAGE ACT 1955
(AMENDING ACT 1976)
HIGHLIGHTS
This section was introduced by the Amending Act 1976.
REQUIREMENTS:
1. Marriage should have been solemnised before or after the
commencement of the Amending Act 1976 (but not before 1955).
2. A joint petition is to be presented to the Court.
3. The grounds for dissolution of marriage must clearly and categorically
show that -
(a)The parties are living separately for a period of one year or
more before the presentation of the petition.
(b)They have not been able to live together.
(c)
They have mutually agreed to dissolve their marriage.
HEARING
:
(a)Not earlier than 6 months, but not later than 18 months.
(b)There should be no collusion.
(c)The Court must make endeavours to bring about a reconciliation.
JURISDICTION:
(a)Formerly District Court.
(b)Presently, Civil Judge, Senior Division, for the mofusil area.
(c)Family Court, wherever established, preferably at the District
level.
OTHER SOCIAL HIGHLIGHTS OF MATRIMONIAL MATTERS
1. This modern provision recognises the fact that once the marriage tie is broken by whatever reason and both the spouses are hopelessly
apart, they can agree, at least, on one thing - to get divorce. By
resorting to this provision, the couple can save a lot of expense, time
and bother of collecting evidence against each other. Six months'
period for the first hearing is given as a possible "
cooling-off period".
2. If there is a petition for divorce on the ground of cruelty, it will take years together for the parties to get final decision, and still then they
have to go on just collecting evidence against each other, which is
like washing dirty linen in public, and justice delayed is justice
denied, and hence, the provision under section 13 (B) is an asset.
3. After fighting in the court of law, both the parties are chastened and
rendered wise through bitter experience.
4. A man forced against his will is of the same opinion still.
5. Byron: "To a man, love is a thing apart, but to a woman, love is an
all-consuming passion".
6. Demerit: In respect of matrimonial matters, there are plus points
and minus discounts, too. The husband or wife, as the case may be,
after easy divorce, would be in search of new pastures where he or
she would be able to browse at his or her sweet will, and hence, it
serves only legal purpose and not a social one.
7. Marriage is a union of a man and a woman as husband and wife.
8. To marry means to take as a husband and a wife, while divorce is
termination of marital relationship.
9. Marriage is a sacrament/sacrosanct in Hinduism and other major
religions except Islam where it I a mere civil contract.
10. When a man and a woman get married, it is understood that they would live together and share the conjugal bed.
11. The object of marriage : Under Hinduism, marriage was essential,
because among other things, a Hindu needed a son to save his soul
after death.
12. Under Hinduism, there are certain customs, e.g. for the breaking of a bangle, they say that the bangle is enhanced. If a married woman
is given blessing by elders or godmen, they say. She will die before
her husband, and she becomes happy with such a blessing. Every
Hindu married woman wishes to die before her husband.
Newly married women are sensitive - sometimes more sensitive, but
they are not always sensible. They have some fallacious and misleading
ideas, and sometimes they are at a hallucinating stage.
13. An Indian woman is a
One-Man-Type,
while an Indian man is
generally a
Many-Women-Type gentleman ?
14. An English wife wants divorce from her snoring husband, while an English husband wants to divorce his wife who loves pet dog more
than her husband.
15. Legal position of Indian women is better than in most countries in
the world.
16. Indian women are denied equal opportunities for personal growth
and social development.
17. In India, social conditions, economic balances and religious influences
have proved to be important extra-legal factors that have made them
second class citizens in real life.
18. Millions of women are ignorant about their rights and privileges.
19. Indian women are unaware of their rights because of illiteracy and
oppressive traditions.
20. The Government can discriminate in favour of women but not
against women.
21. Before the Hindu Marriage Act 1955, even an idiot, a lunatic or even
an impotent person could marry lawfully.
22. According to the traditional Hindu Law, a woman was required to
treat her husband as god. Litigation regarding matters of marriage
was prohibited, and the couple was obliged to stick together till
death. Manu said, "Neither by sale, nor by desertion, can a wife be
released from her husband".
Marriages are made in Heaven, but the parties have to live on the Earth.
23.
Whether taking out money from the husband's pocket amounts to
an offence under section 379 of the Indian Penal Code on the part
of the wife ? Similarly, whether having a sexual intercourse with wife
amounts to an offence under section 376-A of the Indian Penal Code
against husband ? If yes, then the husband would be guilty of the
same, and again, he would be a habitual offender. Chastisement of
a child also does not amount to a crime or tort, for it is by way of
family privilege.
24. Amour Courtois =
Chivalrous Code of Love is nowadays totally
forgotten.
25. FAMILY COURT Family Court is a very broad-based service to
matrimonial couples in particular and families in general.
26. Family Court promotes conciliation and secures speedy settlement
of disputes.
27. If there is delay in the cases of granting divorce, husband and wife
will both become old, and
even when their flesh becomes weak, their
spirit is yet willing.
28. In the course of time, you lose your very rosy flesh and vigour of
youth and become a decayed, bowed and tottering old man. The days
of ecstasy of passion soon passes by and your youth is faded away.
You are a mere shadow of your former radiant self.
29. Society has undergone rapid changes on account of marriage age,
education, emancipation of women, no joint families and destruction
of families. Interruptions are too many.
In disputes of matrimonial and family affairs, there is no winner and
no loser, because they are to be settled with love, if possible, and
with the minimum bitterness at any cost.
30. Marriage may be a contract, but family is not. Family is neither a
contract, nor an agreement; neither a partnership, nor a proprietorship;
neither a private limited company, nor a public limited company, but
it is a union for an unlimited private company.