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Legal Cabinet Approves The Marriage Laws (Amendment) Bill, 2010 To Amend The Hindu Marriage Act

Cabinet approves the Marriage Laws (Amendment) Bill, 2010 to amend the Hindu Marriage Act

New Delhi: The Union cabinet on Thursday approved amendments to the Hindu Marriage Act and the Special Marriage Act allowing for divorce on the grounds of “irretrievable breakdown of marriage”.
The cabinet accepted the law ministry’s proposal based on recommendations by the Law Commission and the Supreme Court.


Union minister for information and broadcasting Ambika Soni said the amendments would provide safeguards to parties who file petitions for grant of divorce by mutual consent, but who wilfully avoid appearing in court to cause harassment to the other party.
The amendments will be effected through the Marriage Laws (Amendment) Bill, 2010, after it is passed by Parliament.
At present, the grounds for dissolution of marriage include adultery, cruelty, desertion, religious conversion, unsoundness of mind, virulent and incurable form of leprosy, communicable venereal disease, renouncement of the world, and not heard as being alive for seven years or more.
Though the law provides for divorce by mutual consent, it has restrictions such as if the divorce petition is not withdrawn after a certain period of time, a court may eventually grant divorce.
But the additional provision of “irretrievable breakdown” would help overcome the restrictions as there would not be need for a warring couple to exchange unsavoury charges to secure divorce.
Lawyer KTS Tulsi says the time has come for amending the law as forcibly keeping an unwanted relationship alive is “cruel’’.
The Supreme Court had even observed that the law is “responsible for an increase in divorce cases”. “The Hindu Marriage Act has broken more homes than it has united,” a bench of justices Arijit Pasayat and GS Singhvi said. “Even at the time of marriage, anticipatory divorce petitions are being filed.”


Rajneesh Madhok
 
Is there any amendment to add Anand Karaj in this? If no, then why not? It's about time.

After Hindus, divorce could get hassle-free for Sikhs too - India - The Times of India

NEW DELHI: With amendments on the anvil to make divorce easier for Hindus, a similar move may be underway for Sikhs.

The Cabinet on Thursday cleared amendments to the Hindu Marriage Act and the Special Marriage Act, allowing the provision of "irretrievable breakdown of marriage'' to be included as ground for divorce.

Sources said a similar provision could be added to the draft Sikh Marriage Act that is currently under consideration with the law ministry.

At present, Sikhs are governed by the Anand Marriage Act of 1909 which the draft bill seeks to replace. The demand for a separate marriage Act stems from the need to register marriages solemnised under their religious ceremony Anand Karaj.

It is learnt that sports minister M S Gill intervened in the discussion on Hindu Marraige Act to say that similar provision for "irretrievable breakdown of marriage" should be made for Sikhs, adding that Anand Marriage Act was 50 years older. Prime Minister Manmohan Singh said it would require a separate proposal.

Gill said the community had pursued former law minister H R Bharadwaj with the demand but to no result.

Delhi Sikh Gurudwara Management Committee Paramjit Singh Sarna said the committee was in favour of a separate law to govern Sikh marriages. "We have separate set of Sikh rituals and we would like to be registered under the Sikh Marriage Act rather than the Hindu Marriage Act as we have to do now. It is a matter of our identity and a legal recognition to Anand Karaj," Sarna said.

He added there was no objection to adding a new provision to ease divorce proceedings. "We are willing to adopt all the provisions under Hindu Marriage Act as long as the Sikh rituals are given legal sanctity,'' he said.

Sikhs have been demanding a separate Act for registration of marriages solemnised under Sikh traditions. At present, Sikh marriages are registered either under the Hindu Marriage Act or the Special Marriage Act. Sikhs contend that their marriage rituals are different from that of Hindus.

Rajneesh Madhok
 

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