Monday, August 9, 2010

New divorce law needs watertight safeguards: Delhi HC

New divorce law needs watertight safeguards: Delhi HC

New Delhi, Aug 9 (PTI)

Irretrievable breakdown of marriage should be brought within the folds of law as a ground for divorce with safeguards and message that it (divorce) is not a ''cakewalk'', the Delhi High Court has said.

The High Court said the legislatures in their wisdom can amend the Hindu Marriage Act to bring in its fold the irretrievable breakdown of marriage as a ground for divorce as recommended by the Law Commission.
However, it is expected that watertight safeguards are introduced so as not to send the message that divorce has now became a cakewalk, the court said.
"The ground of irretrievable breakdown of marriage cannot be resorted as a straight jacket formula leading to the institution of marriage becoming so fragile that the wrong- doer abuses it for his selfish ends leaving the other party in the lurch," Justice Kailash Gambhir said in a recent judgement.
Suggesting that there should be a minimum period before such ground can be invoked, the judge said "divorce on the ground of irretrievable breakdown of marriage might be contrary to common perception and the idea of marriage being a holy union for seven births...".
The court said that while invoking the ground of irretrievable breakdown of marriage for divorce by the husband, "the grant of divorce should be subject to the provision of adequate financial provision for wife".
It said there should be adequate provision for maintenance, education and upbringing of children whose custody  should be decided at the very stage of divorce.
The court's order came while dismissing a petition filed by Subhash Chandra Sharma challenging the lower court's March 2003 order dismissing his plea for divorce from his wife on the ground of cruelty and desertion.
The court rejected Sharma's argument that he had tried several times to resolve the differences with his wife but failed and at this stage the court can grant divorce on the ground of irretrievable breakdown of the marriage.
"The High Court in the exercise of its inherent powers cannot grant divorce on the ground of irretrievable breakdown of the marriage as it is not yet a ground of divorce under the Hindu Marriage Act," said the court.


  1. The courts turn mushy... with soft values!(Marriage might have been a bond for 7 births, but is marriage even a viable option these days?... in face of legal and state-sponsored terrorism on men and his kin)

  2. why is the new amendment not applicable to the the indian divorce law which is meant for the christians ? all the divorce laws should have this amnendmant included

  3. Court will confirm . husband is suffered proper finacial lossed by orderig more money to wife. i.e Watertight for husband and open for wife to use..
    why not court only yhinks about justice rather than husbnad money. are the court justice doing agency in country or husband money distributing agency. New business arrived in india only for women with the help of her parents " file the case and Earn the gurentted money from men's of india without doing nay work." like parasite