Dec 18, 2010
NEW DELHI: The argument that condition of mutual consent for divorce under the Hindu Marriages Act of 1955 be waived off if the marriage is `dead' emotionally and practically, has received mixed response from feminists and women's rights activists. The plea for unilateral divorce was put forward by Union power minister Sushil Kumar Shinde's daughter Smriti in her petition to the Supreme Court recently.
While some activists feel that easing divorce laws would bring relief from protracted legal procedures, there are others who feel that the move could be used by men looking for a quick bailout.
Activist Madhu Kishwar said Indian laws were adversarial and the answer lay in strengthening the institution of family courts to ensure quick decisions that were taken within six months. "If irretrievable breakdown of marriage is allowed unilaterally, then women must also accept that the provision will be used against them,'' she said.
AIDWA's Sudha Sundaraman said the provision of mutual consent should not be altered as it will be used against women. "In our general experience, women are usually in a relatively disadvantageous position. They have insufficient financial back-up and unilateral divorce should not be allowed,'' she said.
Agreeing to this, former Law Commission member and women's rights activist Kirti Singh said in a larger perspective, women who want divorce should be able to get it. "It is a shame that even 60 years after Independence we have no law for sharing of marital property between a husband and wife. We need to strengthen our assets and maintenance laws so that women do not fear being stranded on the streets,'' Singh said.
She added that while in the individual case, provision of mutual consent could be waived off, a general change in law could not be to the benefit of women.
QnA: What is the reason for the gradual rise in the number of divorces in Indian society?
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