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‘Time divorce law is reformed’

Law Commission member Tahir Mahmood came out in favour of “irretrievable breakdown of marriage” being recognised as a ground for divorce, saying it was a long-pending reform in the matrimonial laws. Satya Prakash reports.

Updated on: Mar 06, 2009 02:12 AM IST
Hindustan Times | By , New Delhi
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Law Commission member Tahir Mahmood on Friday came out in favour of “irretrievable breakdown of marriage” being recognised as a ground for divorce, saying it was a long-pending reform in the matrimonial laws.

HT Image
HT Image

Reacting to a recent Supreme Court ruling that a marriage could not be dissolved on the ground of “irretrievable breakdown”, as the law didn’t recognise it as a valid ground for divorce, Mahmood said the Commission had recommended it way back in 1978.

Mahmood told HT, “Statutory recognition of irretrievable breakdown of marriage as a ground for divorce is being pleaded in India since long. The dilly-dallying... is inexplicable.”

He noted that this reform should be incorporated not just into the Hindu Marriage Act, but also in all Acts having similar provisions — Special Marriage Act, 1954; Dissolution of Muslim Marriages Act, 1939; Parsi Marriage and Divorce Act, 1936 and Christian Marriage Act, 1872. “In view of the constitutional stress on gradually effecting uniformity in civil laws, this will be a step in the right direction,” he added.

However, Mahmood said: “Pending legislative action, the courts should employ rule of liberal interpretation to read this very desirable principle in between the lines of the existing provisions of law.”

 
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