India’s cabinet this week cleared a proposal to amend the Hindu Marriage Act to allow “irretrievable breakdown of marriage” as a ground for divorce.
The amendment had been resisted earlier and been pending for nearly three decades now. Other grounds for divorce, which can take anywhere from six months to 20 years, include cruelty, desertion and adultery.
The amendment, if approved by parliament, will make divorce easier for estranged couples, experts say, particularly in cases where a partner is deliberately delaying proceedings. Even family courts are notoriously ineffective and insensitive when it comes to separation, with judges often admonishing the woman to be more “adjusting” or offering advice thinly disguised as rulings.
The proposed amendment gives women, who are sometimes forced into marriage, an easier way to end an unhappy marriage and provides some safeguards against harassment.
Some counsellors have warned against making divorce too easy, lest couples do not even attempt to reconcile differences.