Indian Activists & NCW say Judgment on Instant Divorce to be Beneficial for Women

By: WE Staff | Tuesday, 2 May 2023

On Monday, Activists, lawyers, and women’s rights bodies welcomed the Supreme Court’s decision to eliminate the six-month waiting period for divorce through mutual consent under some conditions, saying it will give a chance to women to move on and plan their future.

The Supreme Court on Monday stated that it can grant a divorce by mutual consent while dispensing the 6-month waiting period required by the Hindu Marriage Act, 1955 and that it has the discretion to dissolve a marriage on the grounds of "irretrievable breakdown" in the exercise of its plenary power under Article 142 (1) of the Constitution.

Rekha Sharma, the Chairperson of the National Commission for Women (NCW) said the decision will help women move ahead in their lives.

“I welcome the decision. If done with mutual consent, it will give a chance to women to move ahead in their lives and plan their future,” said Rekha.

Yogita Bhayana, Women rights activist and founder of PARI (People Against Rapes in India) said it is a progressive verdict, but the term ‘irretrievable breakdown of marriage’ should be clearly defined.

“Also, how the alimony would be given should be clearly stated,” she stated.

The top court's verdict, according to lawyer Prabhsahay Kaur, is based on the idea that no consenting adult should be made to stay in a marriage that has irretrievably broken down.

She claimed that the court had taken a fair approach and made it clear that such situations cannot frequently result in the circumstances of a divorce.

“In my view, there are two basic principles on which this judgment is premised --firstly, it is the duty of the court, and particularly, the Supreme Court to do complete justice to the parties, in which endeavor court should not be bogged down by procedural requirements; secondly, no two consenting adults who have had an irretrievable breakdown of marriage should be forced to be in a formal legal relationship, for that causes more misery and acrimony and is against the interest of both parties,” said by Prabhsahay.

The lawyer welcomed it as a positive development but said that the court had also issued warnings against its frequent use and stated that it should be used with care and caution while listing the elements that should be applied.

Advocate Abhishek Prasad said the judgment has reaffirmed the Supreme Court’s powers to do complete justice and rightly outweighed the interests of the parties over procedural requirements.

He said the judgment reinforces the idea that delaying the grant of divorce in marriages that cannot be repaired only leads to prolonging the agony of the parties.

“The judgment reinforces the idea that where a marriage has irretrievably broken down, prolonging its dissolution only prolongs the agony of the parties. While the six months waiting period has been made mandatory with a view to exploring the possibility of reconciliation, in cases where there is no possibility of reconciliation, this becomes a mere procedural formality,” he added.

Activist Ranjana Kumari said there is no point in wasting time in case of an “irretrievable breakdown of marriage”.