The concept of marriage in India, a revered institution, has undergone a significant transformation over the years.
The process of divorce, which used to be a lengthy and complicated affair necessitating a mandatory six-month waiting period for couples even when seeking divorce by mutual consent, has now been revolutionised says Supreme court lawyer Sarthak Chaturvedi.
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The Supreme Court of India recently enacted a groundbreaking ruling allowing swift divorce on the grounds of an "irretrievable breakdown of marriage," irrespective of whether one party is unwilling.
This groundbreaking ruling has been met with a variety of reactions, with some considering it a massive stride toward individual freedom, while others worry about its potential impact on the sanctity of marriage.
The Power of Article 142
Rooted in Article 142 of the Indian Constitution, the ruling draws its power from the provision that allows the Supreme Court to ensure "complete justice" in any case.
Historically, this Article has been instrumental in numerous progressive decisions where rigid laws have needed interpretation for just outcomes. The Supreme Court, utilising the broad mandate of this article, has essentially circumvented the erstwhile law that necessitated the mutual consent of both parties for a divorce.
The Constitution Bench and Its Unanimous Decision
The decision was the outcome of the deliberation of a five-judge Constitution Bench, led by Justice Sanjay Kishan Kaul. The bench, in a unanimous ruling, concluded that the existing law on divorce had become restrictive and incompatible with the evolving nature of modern marriages.
The court further pointed out the redundancy of the mandatory six-month waiting period for divorce, contending it served no practical purpose.
Understanding 'Irretrievable Breakdown of Marriage'
In essence, the concept of an "irretrievable breakdown of marriage" refers to a situation where the court recognises that a marriage has fallen apart beyond any possibility of repair or reconciliation.
The Court can gauge this from factors such as lengthy periods of separation, consistent lack of communication, failed attempts at reconciliation, or overall bitterness that directly affects the mental well-being of the parties involved. By introducing this concept as a valid ground for divorce, the Court has effectively removed the legal hurdles for couples trapped in dysfunctional marriages.
The Public Response: Applause and Criticism
The ruling has elicited mixed reactions from the public. For couples mired in unhappy marriages, the decision presents a quicker route to reclaiming their lives without lingering in the gloom of a failing relationship.
On the other hand, there are those who view this ruling as a potential threat to the institution of marriage. Their concern stems from the belief that simplifying the process of divorce might contribute to a decrease in the stability and longevity of marriages.
Rights of the Unwilling Party
The Court, acknowledging the risk of potential misuse, has stipulated that the ruling will incorporate safeguards to protect the rights of the unwilling party. It means that despite the ease of obtaining a divorce, the provisions for maintenance and alimony for the dependent party will still stand.
The Gender Equality Aspect
One of the most significant aspects of this ruling is the potential upliftment of women in marital disputes. Under the previous laws, numerous women found themselves trapped in toxic marriages due to their husband's unwillingness to consent to a divorce. This decision effectively liberates them from such confines, providing them with the ability to regain control of their own lives.
Implications and the Road Ahead Supreme Court Lawyer Sarthak Chaturvedi Say's With this ruling, the Supreme Court has navigated a path towards aligning Indian matrimonial laws with global standards.
It has broken the traditional chains that often prolonged the misery of failed marriages and has potentially paved the way for a more individual-centric approach.
Although it's too early to predict the long-term implications of this landmark ruling, it has undeniably set a significant precedent that will deeply impact the future of matrimonial law in India.
While critics argue that the ruling could lead to a potential decline in the sanctity and longevity of marriages, it's vital to reiterate that the ruling doesn't advocate for divorce but provides an option for those stuck in untenable marital situations.
The ultimate goal is not to weaken the institution of marriage but to ensure justice and personal happiness aren't compromised within it.
The Societal Impact
At a societal level, this ruling sends a clear signal that personal mental health, happiness, and dignity cannot be compromised.
In a society where marriages are deeply ingrained with cultural significance, it's a courageous move to emphasise individual well-being over societal norms. The ruling not only impacts those seeking divorce but also sends a broader message to society about personal freedom and autonomy.
Moreover, the ruling is expected to reduce the burden on family courts. Earlier, the lengthy divorce proceedings and numerous reconciliation attempts contributed significantly to the backlog of cases. With the removal of the six-month waiting period and the necessity for mutual consent, cases can be resolved more efficiently, freeing up resources for other pressing matters.
The Future of Matrimonial Laws in India
Looking ahead, this decision could pave the way for more progressive changes in matrimonial laws in India. While the decision directly impacts divorce proceedings, the logic behind it might also influence other areas of family law. It represents a shift from viewing marriage as a rigid institution towards understanding it as a personal relationship that requires mutual happiness and respect.
Furthermore, the decision prompts a much-needed conversation about the need for more comprehensive marriage laws that reflect the realities of modern society. By acknowledging that some marriages can break down irretrievably, the ruling sets the stage for discussions around other complex issues related to marriage and divorce in India.
In Conclusion
The implications of this decision will unfold with time and its real impact will be seen in the years to come. But for now, it stands as a beacon of hope for those trapped in an unhappy marriage, symbolising a better, more hopeful future.
Sarthak Chaturvedi
The author is a Lawyer at Supreme Court of India and a Partner at a leading law firm. The views expressed here are personal.
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