Hindu Marriage Act breaking more homes: apex court

June 17th, 2008 - 11:49 pm ICT by IANS  

New Delhi, June 17 (IANS) The Supreme Court Tuesday expressed concern over the increasing number of divorce cases and also blamed the Hindu Marriage Act, saying it had harmed the family system than strengthening it.
“The Hindu Marriage Act has broken more homes than uniting,” a vacation bench of Justices Arijit Pasayat and G.S. Singhvi observed.

The apex court regretted that the growing number of divorce cases was having a disastrous effect on the children of families broken up in such a manner.

Enacted in 1955, the Hindu Marriage Act, had undergone several amendments till 2003. It contains various provisions for validity of a Hindu marriage.

“Even at the time of marriage, anticipatory divorce petitions are being filed,” the bench remarked sarcastically.

The apex court made the observation while dealing with a petition filed by a divorcee seeking his child’s custody.

“Ego should get dissolved for the sake of the child,” the bench remarked even as the separated parents tried to air their views.

The apex court told the separated couple that it was more concerned about the welfare of the child, rather than the recrimination between the couple.

“Ultimately the child suffers. If it is a girl, the trauma is more, particularly at the time of the marriage of such children,” Justice Pasayat, speaking for the bench observed.

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