Activists, lawyers and women rights bodies on Monday welcomed the Supreme Court decision to do away with the six-month waiting period for divorce through mutual consent under some conditions, saying it will give a chance to women to move on and plan their future.
The apex court held on Monday it has the discretion to dissolve a marriage on the ground of “irretrievable breakdown” in exercise of its plenary power under Article 142 (1) of the Constitution and can grant divorce by mutual consent while dispensing with the 6-month waiting period mandated under the Hindu Marriage Act, 1955.
National Commission for Women (NCW) chairperson Rekha Sharma said the decision will help women move ahead in their lives.
“I welcome the decision. If done with mutual consent, it will give a chance to women to move ahead in their lives and plan their future,” she told PTI.
Women rights activist and founder of PARI (People Against Rapes in India) Yogita Bhayana said it is a progressive verdict, but the term ‘irretrievable breakdown of marriage’ should be clearly defined.
“Also, how the alimony would be given should be clearly stated,” she told PTI.
Lawyer Prabhsahay Kaur said the top court verdict is premised on the principle that no consenting adults should be forced to continue a marriage which has irretrievably broken down.
She said the court has taken a balanced view and clarified that the grant of divorce under such circumstances cannot be done on a regular basis.
“In my view, there are two basic principles on which this judgement is premised --firstly, it is the duty of the court, and particularly, the Supreme Court to do complete justice to the parties, in which endeavour court should not be bogged down by procedural requirements; secondly, no two consenting adults who have had an irretrievable breakdown of marriage should be forced to be in a formal legal relationship, for that causes more misery and acrimony and is against the interest of both parties,” Kaur said.
The lawyer called it a welcome move, but said the court has also cautioned against its use regularly and stated that it should be exercised with care and caution, while listing out factors that should be applied.
Advocate Abhishek Prasad said the judgement has reaffirmed the Supreme Court’s powers to do complete justice and rightly outweighed the interests of the parties over procedural requirements.
He said the judgement reinforces the idea that delaying the grant of divorce in marriages that cannot be repaired only leads to prolonging the agony of the parties.
“The judgment reinforces the idea that where a marriage has irretrievably broken down, prolonging its dissolution only prolongs the agony of the parties. While the six months waiting period has been made mandatory with a view to explore the possibility of reconciliation, in cases where there is no possibility of reconciliation, this becomes a mere procedural formality,” he added.
Activist Ranjana Kumari said there is no point in wasting time in case of “irretrievable breakdown of marriage”.