Government of India likely to consider amendment in Hindu Marriage Act, 1955

In view of the conflicting judgement of the Supreme Court on the issue whether irretrievable breakdown of matrimonial relationship should be a ground for dissolution of marriage, the Union Government is likely to consider if the Hindu Marriage Act, 1955 should be suitably amended. The Law Commission is also of the view that if matrimonial relationship has reached a dead end then it should be allowed to be dissolved as to continue would not be in the interest of the sanctity of marriage. Such a step would also show scant regards for the feeling and emotions of the parties involved. Justice A R Lakshmanan, Chairman of the Law Commission, in his report likely to be submitted to the government, has recommended that irretrievable breakdown should be added in the Hindu Marriage Act as a ground for grant of divorce and the government should consider amending Section 13 (d), which at present has nine grounds for divorce. These include cruelty, desertion, impotency, infectious disease, lunacy as grounds for divorce. Recently, a bench headed by Justice Markandey Katju refused to grant divorce to a couple on the grounds of irretrievable breakdown of matrimonial relationship while earlier judgements of the apex court has repeatedly held that if marriage has reached a point of no return, then the party should not be forced to carry the burden of a dead relationship. The latest judgement on the issue by a Supreme Court bench comprising Justices Katju and V S Sirpurkar has held that it is for the Parliament to amend the Hindu Marriage Act and not for the court to go beyond the Act and make law. The Law Commission has suo motu recommended to the government to amend the law suitably saying, ''The foundation of a sound marriage is tolerance, adjustment and respecting each other. Tolerance of each other's fault to a certain extent has to be inherent in every marriage. The court does not have to deal with ideal husbands and ideal wives. It has to deal with a particular man and woman.'' The report has further noted, '' Once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of that fact, and it would be harmful to society and injurious to the interest of the party. Where there has been a long period of continuous separation, it may fairy be surmised that the matrimonial bond is beyond repair. The marriage becomes a fiction, though supported by legal tie. By refusing to sever the tie, the law in such cases does not serve the sanctity of marriage. The courts have, however, been reluctant to grant divorce in the interest of children who are the worst sufferers of a broken marriage for no fault of theirs'. Under such circumstance, interest of children becomes paramount. The commission has concluded by saying, ''The public interest demands not only that the married status should, as long as possible and whenever possible be maintained, but where a marriage has been wrecked beyond the hope of salvage, the public interest lies in recognition of that fact.''

Source: UNI