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Unjust Humanity
Virag
Marriage irretrievably broken? Grant divorce 24 March, 2009
All relationships are based on trust. If the trust dies, so does the relation. Therefore, the recent Supreme Court ruling rejecting irretrievable breakdown of marriage as a ground for divorce needs a rethink
THE SUPREME Court recently ruled that irretrievable breakdown of marriage is no ground for divorce, in a ruling. Taking strong exception to the same, the Law Commission has ruled that the same should be made a ground for divorce. As is evident, both views being contradictory to each other, only one of them is beneficial to the society and citizenry at large.

Marriage is a social institution and is the first step towards the formation of a family. It gives the people, the much needed support to face the adversaries of life and is a source of happiness for any individual. However, when there is a clash of expectations between individuals and hidden agendas are involved or the mutual trust between partners is broken, the marriage ceases to exist in spirit and remains only on papers.

Irretrievable breakdown of marriage has not been laid down as a ground of divorce in the Hindu Marriage Act. However, there have been judgments where divorce has been granted on the same basis by the Supreme Court.

But very recently, as mentioned, the SC denied divorce on the same grounds saying that the law does not permit it. Analysis of the contradictions led to serious revelations. The divorces granted on irretrievable breakdown of marriage were those demanded by wives while the one recently rejected was demanded by a husband.

This is nothing short of discrimination against husbands by the Apex Court and is a defeat of husbands’ human rights. Be it a man or a woman, a right to peaceful and dignified life is an unchallengeable one and has to be respected at any cost. End of marriage is not the end of life and if two people, after having married to each other, are not mutually happy and all means of restoring their marriage have been exhausted, one does not see any reason not to grant them divorce and allow them to move on in life.

A relationship is meant to give support to an individual in a social context and not to form a burden and all relationships are quintessentially based on trust. If the trust dies, so does the relation. Maintaining it on papers is another fallacy like the relationship itself? A true and mature relationship is one where even if there is a tiff between the partners, the same can be resolved by making one phone call, no matter who makes the call. If any relationship fails this test, it is better called off and that too in a manner, which ensures happiness and mental peace for both the partners.

The Law Commission must be lauded for being so quick in responding to the call of making irretrievable breakdown of marriage a ground for divorce and calling upon the Centre to consider the amendment to the Hindu Marriage Act. This call is a triumph of human rights, especially for men, whose rights are often trampled in an over enthused spirit of women empowerment, which unfortunately is not synonymous with male entrapment, the way it is being executed.

Save Indian Family Foundation, an NGO dedicated to promoting family harmony and gender equality urges the Centre to consider amending the Hindu Marriage Act for including irretrievable breakdown of marriage as a ground for divorce.

About The Author
Virag R Dhulia, a software professional, has been a prominent men's rights activist. He has been engaged in creating awareness about the abuse of men and their families through anti-male and gender biased laws like Section 498A, Domestic Violence Act etc. He has been instrumental in networking with fellow men's rights activist both across India and abroad and has played key roles in organizing events to create awareness about abuse of men by the society. A book titled, 'The Secrets of Manhood' authored by Virag has been published. This book is a collection of short articles which focus on issues and problems faced by men and how men are victims of social stereotypes.
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