Sunday, August 1, 2010

Proposed ‘irretrievable breakdown of marriage’ as a ground for divorce-‘Change in Act to go against women’

Proposed ‘irretrievable breakdown of marriage’ as a ground for divorce-‘Change in Act to go against women’

The Centre’s decision to approve the amendment to the Hindu Marriage Act by introducing ‘irretrievable breakdown of marriage’ as a ground for divorce has not gone down well with women’s groups. NGOs have called the Bill an attempt to introduce one-sided divorce in the Hindu Marriage Act and Special Marriage Act.

Organisations such as Majlis, All India Democratic Women’s Association, Centre for Women’s Development Studies and Young Women’s Christian Association wrote to Congress MP Milind Deora saying, “A discussion on women’s rights to matrimonial property should go on alongside the discussion on irretrievable breakdown of marriage so that safeguards for women can be built into the provision.”

The NGOs fear men could misuse the amendment to abandon their wives. The letter said often husbands file for divorce on grounds of cruelty, adultery or desertion. Aware that proving these in court is difficult, men opt for a lump sum settlement with their wives. “Introducing the ground of irretrievable breakdown of marriage will take away this negotiating power from women,” the letter said.

Deora has forwarded the letter to Minister of Law and Justice M. Veerappa Moily saying these groups be given a hearing before the Bill is passed. “I have requested the Law ministry to meet members of Majlis and take into account all concerns regarding the issues,” Deora said. The Bill is likely to be placed in Parliament in the next session.


also related update @

---------- Forwarded message ----------
From: Majlis Law <>
Date: Wed, Jul 21, 2010 at 5:04 PM
Subject: Irretrievable Breakdown of Marriage - Developments
To: Majlis Law <>

Dear Friends,

Good News - Our sustained campaign has managed to make a dent. We have an assurance from the Law Ministry that the Bill will not be tabled until women's organisation have had time to deliberate on the issue and can come back with constructive suggestions and recommendations.

New Date for Meeting - Our meeting in Mumbai is now postponed to 2nd August 2010 (Monday) as members of the Ministry of Law and Women and Child Welfare would also like to attend. We are happy that our voices will be heard by the government and we do hope you will make the new date.

We are still awaiting outstation travel approvals from NCW as well as confirmation on the final programme. Will send you details as soon as we hear from them.

Thank you for your support.


Audrey D'mello

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