Crisis of Marriages broken down within two years...
1) Till today, divorce laws in India are not clear. Irretrievable Breakdown of Marriage is not a ground available in Divorce Laws. Parliament tried to amend law but it failed to pass amendment.
2) Supreme Court has special powers under Art 142 to grant divorce where marriage has irretrievably broken.
3) But District Courts and High Courts do not have such powers of Art. 142.
4) Question is : Can parties directly file petition under Art 32,142 in Supreme Court for Divorce if their marriage has irretrievablly broken down?
I do not yet know answer to this question.🙃
4) A couple had approached District Court to grant them divorce on ground that their marriage has broken down irretrievably. They cited judgements of Supreme Court passed under Art.142.
But District Court rejected their application by saying that Supreme Court can pass such orders in Art 142, but since District Courts have no such powers he cannot grant divorce on this ground.
5) I feel very sad when I see couples was marriage had broken down within two years.
6) The Mutual Consent Divorce provision has also problems of waiting for six months... And it allows wife to withdraw her consent before six month is over.
7) As such, at present there are problems in these laws.
Earliest law reforms are needed to enable our young couples to start afresh in new life and to correct their mistakes.
Haresh Raichura 1/3/17
