Comments on: An easier end to unhappy marriages in India? Perspectives on South Asian politics Thu, 02 Jun 2016 08:03:22 +0000 hourly 1 By: DeepakPalan Sun, 20 May 2012 11:17:59 +0000 The ammendment gurantees half of the assets of the husband for the wife regardless of her conduct. So tommorrow if the wife deserts the husband within 1-2 years , she still gets on the benifits.As the author rightly said the ammendment would be know to the upwardly mobile , economically independent women. So this means, there is clear scope for gross misuse here. While the traditional wife would not be evernaware , those unscruplous women who have no serious intention or respect for marriage would use it as a tool to earn quick and large amount of money by marrying, and causing a divorce within say 1-2 years.

By: Khagesh Mon, 14 Jun 2010 03:39:49 +0000 The following article in today’s TOI (link –  /Finally-a-law-to-deal-with-dead-marria ges/articleshow/6044766.cms) reinforces the view stated above. Furthermore, coming from the expert legal correspondent, the views must be given due attention.

By: Khagesh Sun, 13 Jun 2010 03:55:20 +0000 A recent op-ed published in The Times of India (link – y/ml.asp?Ref=Q0FQLzIwMTAvMDYvMTIjQXIwMTU wMw%3D%3D) tried to argue in favour and against this legislation.

It is the belief of this author that the opposition of this law on the ground that it would make it easier for women (in particular) and married couples (in general) to seek divorce and therefore it may affect the integrity of marriage as as institution in India is totally incorrect, misconceived and without any basis. Incidentally, this happens to be the only ground!

First, this law will help educated couples only as it is only the educated segment of the Indian society who would know and therefore would take recourse to this law. Second, the Hindu Marriage Act and other matrimonial legaislations already have a ground to seek divorce on ‘breakdown theory’. Third, the Supreme Court of India itself has accepted this theory. Fourth, people are using this law to end their marriages when the so feel the need. Fifth, divorce in India still remains a social taboo and it is only the more educated, courageous and financially dependent sort of women who decide to go ahead with it.

Making the legal procedure easy would never affect marriage as an institution for the sole reason that most of the women would never become aware that such a legal provision exists and even if they are made aware an overwhelmingly vast majority would never take recourse to this. It would be the more educated, upwardly mobile and metro couples who would use this law.

Also, making divorce laws easier does not affect marriage. What affects marriage is the society where the institution exits. Perhaps it is time that we stop opposing laws on misplaced opinions and start using our brains to think things through.