marriage laws amendment bill

7/21/2019 Marriage Laws Amendment Bill

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Marriage laws amendment bill, 2010 (key

features)

This bill was passed to amend the Hindu marriage act, 1955

and Special marriage act, 1954.

Irretrievable breakdown of marriage: Before the

amendment, sections 1!B and "# of the H$% & S$%

respecti'el(, pro'ided for the grounds of di'orce with mutual

consent. Howe'er, this would often lead to a deadloc) duringcourt proceedings as one of the parties would abstain form

ma)ing appearances in order to elongate the proceedings. To

*ll this lacunae sections 1!+, and - were added to the H$%

and section "# was amended in the S$%.

Section 13!"

This entitles either part( to *le for di'orce as opposed to

mutual consent.

t pro'ides for /irretrievable breakdown of marriage# as a

ground for di'orce.

The court shall grant decree on the abo'e ground if it satis*es

all conditions. 0ne if the conditions being that the couple ha'e to li'e apart

for (ears.

Section 13$"

This section has managed to garner some contro'ersies as it is

apparentl( dri'en b( gender bias.

7/21/2019 Marriage Laws Amendment Bill

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This section gi'es a right to the wife to oppose a di'orce if she

is the respondent in the case.

She can oppose the di'orce on the basis of /nancial

hardship#.

Section 13%"

This section states that decree of di'orce shall not be granted

to the parties unless adeuate pro'isions of maintenance of

children born out of the marriage ha'e been made.