A Good Divorce, The Hindu Editorial Analysis

The Hindu Editorial Analysis: The editorial analysis of The Hindu Newspaper Editorial Articles aimed at simplifying various concepts relevant to the UPSC and other State PSC Exams. The Editorial Analysis helps in expanding the knowledge base as well as framing better quality mains answers. Today’s Hindu Editorial Analysis of “A Good Divorce” discussed the recent Supreme Court Judgement on facilitating good divorce as not all divorces are unhappy.

Supreme Court Ruling on Good Divorce in News

While not all marriages are joyful, and not all divorces are sorrowful, the recent Supreme Court ruling on divorce will be viewed as a positive step for those who wish to terminate an unsatisfying marriage.

Supreme Court Judgement on Divorce

The Supreme Court has invoked Article 142(1) of the Constitution to provide “complete justice” in “any cause or matter” by granting divorce through mutual consent to couples who are caught in unhappy marriages.

• This discretionary power is intended to spare couples the “agony and misery” of waiting for six to 18 months for a local court to dissolve their marriage, as mandated by Section 13B of the Hindu Marriage Act, 1955.
• The Bench, led by Justice Sanjay Kishan Kaul, observed that the existing divorce law, which is primarily based on assigning blame, does not effectively address broken marriages.
• It further noted that if a marriage is beyond repair, public interest lies in acknowledging this reality rather than upholding the ‘married’ status.
• The Court added that it could use Article 142 to quash ongoing criminal or legal proceedings against either party regarding domestic violence or dowry.
• The Bench also stated that the Supreme Court could grant divorce based on the grounds of an “irretrievable breakdown of marriage” if separation is inevitable and the damage is irreversible, although this is currently not a valid reason for divorce under the Hindu Marriage Act.

SC Judgement on Grounds for Happy Divorce

The recent Supreme Court ruling allowing for divorce by mutual consent through the use of Article 142(1) of the Constitution has been seen as a positive development for those in unhappy marriages.

• However, In its judgment, there was a word of caution that the grant of divorce would not be a “matter of right, but a discretion which is to be exercised with great care… keeping in mind that ‘complete justice’ is done to both parties.”
• Several factors would be considered by the Supreme Court before invoking Article 142 in matrimonial cases, including duration of marriage, period of litigation, the time the couple has stayed apart, the nature of pending cases, and attempts at reconciliation.
• The Court will have to be satisfied that the mutual agreement to divorce was not under coercion.
• In India, while divorcees have doubled in number over the past two decades, the incidence of divorce is still at 1.1%, with those in urban areas making up the largest proportion.
• But the divorce numbers do not tell the whole story; there are many women, particularly among the poor, who are abandoned or deserted.
• Census 2011 revealed that the population which is “separated” is almost triple the divorced number.

Conclusion

The Court’s emphasis on exercising “care and caution” before deciding on a divorce, rather than rushing into it, is a positive development in a country where gender discrimination is prevalent and a significant portion of women are financially dependent. This approach recognizes that not all individuals have equal access to marriage equality and acknowledges the challenges faced by those in poverty.

Darwin Must Stay in Indian School Textbooks, The Hindu Editorial Analysis

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