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Parl panel supports new ground for divorce

Last Updated: Wednesday, April 6, 2011 - 18:33

New Delhi: A bill aimed at making
"irretrievable breakdown of marriage" a new ground for grant
of divorce has found support from a Parliamentary panel which
has however disfavoured doing away with the mandatory
six-month waiting period before annulment of marriage.

The Parliamentary Standing Committee on Law and
Justice which presented its report in Parliament on the
Marriage Laws (Amendment) Bill, 2010 recently, said it
favoured the broad objective of the Bill to introduce
`irretrievable breakdown of marriage` as a new ground for
grant of divorce.

At the same time, the Committee said it is not in
favour of "doing away" with the waiting period of six months
before moving a joint motion in case of divorce by mutual
consent as proposed in the Law Ministry Bill.

"The Committee is of the view that the existing
provisions of law for divorce by mutual consent are fair and
reasonable and the prevailing cooling off period be retained
so as to protect and preserve the institution of marriage,"
Committee Chairperson Jayanthi Natarajan told reporters here
today.

She said the Rajya Sabha Committee has also
recommended that the Government should define the term
`irretrievable breakdown of marriage` in the Bill so that some
uniform standards are followed by courts in dealing with
divorce petitions.

It has also asked defining of the term `grave
financial hardship` to "avoid ambiguity".

It also urged the government to clear its stand with
regard to adopted children as mentioned in the Bill which
was introduced in the Upper House in August, 2010.

The proposed bill seeks to amend the Hindu Marriage
Act of 1955 and Special Marriage Act of 1954 to allow divorce
where there is no scope for reconciliation between the
estranged couple.

PTI



First Published: Wednesday, April 6, 2011 - 18:33

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