Marriages are made in heaven, but Broken on Earth, Mostly because of Women Fault.
NEW DELHI: The supreme court of India (SC) sought to infuse sanity on Wednesday in couples litigating for divorce or custody of children as it raised a poser, “If marriages are made in heaven…why make matrimonial home hell.”
Ordering custody of a child to his mother, SC regretted the “disturbing phenomenon that a large number of cases relating to divorce or judicial separation are flooding the courts”. and they never know, its because of after implementation IPC 498A and Domestic Violence Act.
“An apprehension is gaining ground that the provisions relating to divorce in the Hindu Marriage Act, 1950, have led to such a situation.
“In other words, the feeling is that the statute is facilitating breaking of homes rather than saving them,” a bench of justices Arijit Pasayat and GS Singhvi observed while scrapping the rich father’s appeal against a Delhi high court order directing him to hand over custody of the child to his mother, a school teacher living with her parents.
Upholding the provisions of the Hindu Marriage Act, the bench said, “Actions may be bad, but not the section. The provisions relating to divorce categorise situations in which a decree for divorce can be sought.
“Merely because such a course is available, should not normally provide incentive to persons to seek divorce, unless the marriage has irretrievably broken.”
The court also suggested that people should not resort to litigation leading to marriage break-ups. It shouldn’t be unless it has an inevitable result; courts should try to bring about conciliation, the judges said.
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