Divorce and waiting period

The number of divorces in India has more than doubled between the last two decades. The number of couples who live apart without getting divorced is also not small. Marriage is a dignified contract between two individuals raised in different circumstances. Trust and love are the foundation of married life. This foundation is cemented by mutually agreed compromises. A marriage without differences and strife is only imaginary. There are harsh realities that married life has to face. Many emotional, social and family factors will come into it. Couples have to face this together. If it is not possible, the married life will break down. It is best to break up as soon as possible for broken relationships that are irreconcilable. But under the Hindu Marriage Act, even if a joint petition is filed, one has to wait up to two years to get a divorce. The Hindu Marriage Act, 1955 is currently in force. The misery and crisis that individuals have been experiencing due to this waiting for divorce has been going on for years. A solution to this is the landmark judgment of a five-judge bench that the Supreme Court can grant divorce irrespective of the statutory waiting period.

The Supreme Court will use the special powers under Article 142 of the Constitution for this purpose. The court will intervene in cases where there is a long-time separation and irreconcilably broken relations as divorce is the only option. Even if one of the spouses objects, the court will grant the divorce if it is deemed necessary for the administration of complete justice. This puts an end to the anomaly of having to wait for a long time even after filing a divorce petition. This judgment underscores the importance of ensuring complete justice beyond legal provisions. At the same time, the court has pointed out that the parties cannot claim the intervention of the Supreme Court as a right. This in turn results in only the cases that really deserve consideration coming before the court. It is necessary for the central government to think about the timely changes to be made in the Hindu Divorce Act in the context of this court judgement. It is not fair to force those who have decided to part ways to wait even longer.