Shinde daughter moves SC for change in divorce rules
Union Power Minister Sushil Kumar Shinde's daughter has set into motion a debate over the right of a woman to walk out of a traumatic marriage against her husband's will.
In a writ petition before the Supreme Court, Smriti Shinde has challenged the constitutional validity of a provision in the Hindu Marriage Act which, according to her, permits a man to " defeat the right" of his wife to seek divorce by withholding his consent.
A bench presided over by Chief Justice K. G. Balakrishnan on Wednesday issued notice to the Centre on Smriti's petition in which she contended that the provision was violating the rights of women under Articles 14 and 21 of the Constitution.
Pointing out that gender justice could not be achieved by treating unequals as equals, she submitted that the government was bound to make special provisions for women. A woman should not be compelled to obtain her husband's consent to maintain a petition for divorce initially filed with mutual consent, she argued.
Smriti, whose attempt to seek divorce by mutual consent was frustrated with her husband changing his mind, contended that law should not compel a woman to remain bound to a marriage even if she was emotionally and mentally unable to cope up with it.
She said a woman in the Indian sociocultural milieu would go for divorce only when continuance in marriage would be more traumatic than the consequences of being a divorcee. She has also attempted to revive the demand for having ' irretrievable breakdown of marriage' as a ground for dissolving marriages.
The Supreme Court, while deciding a divorce case in 2006, had also asked the government to seriously consider an amendment to the Hindu Marriage Act to include irretrievable breakdown of marriage as a ground for grant of divorce.
The government, however, had probably decided against any change in the existing provision for divorce.
Smriti got married in 1993 and has two children. She has been living separately from her husband since January 2005. The couple filed a petition for divorce by mutual consent in May 2007 and the family court granted a divorce in 2007. But the husband never turned up before the court.
The Bombay High Court set aside the decree of divorce holding that nonappearance of the husband showed that his consent did not continue. The Supreme Court was also of the same view and dismissed an appeal by her.
Union Power Minister Sushil Kumar Shinde's daughter has set into motion a debate over the right of a woman to walk out of a traumatic marriage against her husband's will.
In a writ petition before the Supreme Court, Smriti Shinde has challenged the constitutional validity of a provision in the Hindu Marriage Act which, according to her, permits a man to " defeat the right" of his wife to seek divorce by withholding his consent.
A bench presided over by Chief Justice K. G. Balakrishnan on Wednesday issued notice to the Centre on Smriti's petition in which she contended that the provision was violating the rights of women under Articles 14 and 21 of the Constitution.
Pointing out that gender justice could not be achieved by treating unequals as equals, she submitted that the government was bound to make special provisions for women. A woman should not be compelled to obtain her husband's consent to maintain a petition for divorce initially filed with mutual consent, she argued.
Smriti, whose attempt to seek divorce by mutual consent was frustrated with her husband changing his mind, contended that law should not compel a woman to remain bound to a marriage even if she was emotionally and mentally unable to cope up with it.
She said a woman in the Indian sociocultural milieu would go for divorce only when continuance in marriage would be more traumatic than the consequences of being a divorcee. She has also attempted to revive the demand for having ' irretrievable breakdown of marriage' as a ground for dissolving marriages.
The Supreme Court, while deciding a divorce case in 2006, had also asked the government to seriously consider an amendment to the Hindu Marriage Act to include irretrievable breakdown of marriage as a ground for grant of divorce.
The government, however, had probably decided against any change in the existing provision for divorce.
Smriti got married in 1993 and has two children. She has been living separately from her husband since January 2005. The couple filed a petition for divorce by mutual consent in May 2007 and the family court granted a divorce in 2007. But the husband never turned up before the court.
The Bombay High Court set aside the decree of divorce holding that nonappearance of the husband showed that his consent did not continue. The Supreme Court was also of the same view and dismissed an appeal by her.
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