Chief Justice of the Bombay High Court finally maintained that one "year-long compulsory separation was essential" to aid reconciliation between the estranged couple. It is true, but less known fact that some of the best Marriage Counselors work in the Bandra Family Court. Marriage counseling, which is essential, but neither easily available nor used, is a boon for both the married partners.
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One year compulsory waiting as per divorce law when there is mutual consent is felt to be too long. Can it be reduced to minimum period? Chief Justice of the Bombay High Court finally maintained that one "year-long compulsory separation was essential" to aid reconciliation between the estranged couple. It is true, but less known fact that some of the best Marriage Counselors work in the Bandra Family Court. Marriage counseling, which is essential, but neither easily available nor used, is a boon for both the married partners.
THE TIMES OF INDIA Publication: TOI_Mumbai; Date: Mar 28, 2008; Section: Times City; Page: 3
DIVORCE PROCEEDINGS
No relief on year-long separation clause
TIMES NEWS NETWORK
Mumbai:
For all those young couples or even those with jaded marriages who have irreconcilable differences and want to opt out have no reprieve from a compulsory yearlong separation before they can seek a mutual consent divorce under the Hindu Marriage Act.
The Bombay high court on Thursday dismissed a petition challenging the validity of the “arbitrary’’ precondition set out under the Hindu Marriage Act for couples filing jointly for a divorce. This is the first time that the legal requirement of a year’s separation had been challenged in court. A bench headed by Chief Justice Swatanter Kumar held that the year-long compulsory separation was essential in the interest of the “institution of marriage’’ and would serve to help in its aim of aiding any likely reconciliation between the estranged couple.
Mitesh (name changed), a young 26-year-old para-med had married a 25-year-old Neela (name changed) last April. Within a few months they realised their marriage was not made in heaven and that they wanted to split. They didn’t wait for a year, but filed a mutual consent divorce petition in the family court at Bandra last October under section 13B of the Hindu Marriage Act citing an irretrievable breakdown. The court, the same month, dismissed their petition saying it could not be entertained unless there was a year’s separation between the two as per law.
The couple’s lawyer Uday Warunjikar said the law on marriages had to be evolving with the times and ought to take into consideration the changes in the society. He noted that the Hindu Marriage Act was enacted in 1955 and two decades later in 1976 it was amended to allow for mutual consent divorces under section 13 (B). “The insistence on a year-long separation was virtually frustrating the amendment and is rendering the condition unreasonable. The separation could be one month or five years, why one year?’’ Marriage laws need to be interpreted according to the changing norms in the society and a couple can’t be forced to stay married once they have decided to go separate ways.
THE TIMES OF INDIA
Publication: TOI_Mumbai; Date: Mar 28, 2008; Section: Times City; Page: 3
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