New Delhi, May 1. In a landmark judgment for this conservative society that still does not accept and avoid divorce in exceptional cases, without complying with the waiting period established by law, the Supreme Court of India ruled this Monday that it is possible.
If there is a “breakdown of marriage” and both parties so desire, the court can dispense with the six-month period prescribed in the Hindu Marriage Act and issue a divorce decree on the spot, the five-judge Supreme Court said.
The decision aims to speed up procedures for dissolving unions in some cases without referral to family court, where it takes at least six to 18 months to formalize a mutually agreed divorce.
Until now, the law required a six-month grace period for a couple with the intention of saving the marriage.
Today’s ruling disturbs more traditional fields, which regard marriage as an indivisible sacrament and see divorce as a trend influenced by Western culture.
This reduces the exposure of women in cases of gender-based violence, as there is no precise definition of “irretrievable breakdown of marriage”, explaining to EFE that if a couple seeks divorce due to domestic violence, they may fall into this case. Divorce Lawyer Prachi Singh
The Hindu Marriage Act, drafted in 1955, establishes over a dozen grounds for divorce, including adultery, desertion, violence, mental disorder, leprosy, venereal disease, change of faith, etc.
In recent years, India has seen an upsurge in marriage rights challenging the parameters of patriarchal society.
In July 2019, India’s Supreme Court passed a law criminalizing the Muslim practice of “triple talaq”, with a prison sentence, in which a husband can immediately divorce by saying the word “talaq” or “I divorce” three times.
In September 2018, he declared unconstitutional a 19th-century law against adultery that treated the wife as an object and only allowed the husband to report his partner’s extramarital affair with another man.
A year ago, the Supreme Court confirmed that having sex with a person under the age of 18, even if it is a wife, is a crime of rape. EFE
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