support@englishmadhyam.in +91 772-2987-077
A good divorce

A good divorce: On the Supreme Court of India’s ruling 

Irretrievable breakdown of marriage should be a ground for divorce

Not all marriages are happy, and not all divorces are unhappy. For those who want to opt-out of a bad marriage, Monday’s Supreme Court ruling on divorce will be seen as a good move . Leaning on the “ guiding spirit ” of Article 142(1) of the Constitution to do “complete justice” in any “cause or matter”, a Constitution-Bench said it could use this extraordinary discretionary power to grant divorce by mutual consent to couples trapped in bitter marriages. It also aims to spare couples the “ agony and misery ” of waiting six to 18 months for a local court to annul it, as stipulated under Section 13B of the Hindu Marriage Act, 1955. The Bench , headed by Justice Sanjay Kishan Kaul, observed that the law of divorce, built predominantly on assigning fault, fails to serve broken marriages. It pointed-out that if a marriage is wrecked beyond hope, public interest lies in recognising this fact, not upholding a ‘married’ status regardless . The Court said it could use Article 142 to quash pending criminal or legal proceedings , be it over domestic violence or dowry , against the man or woman. Continuing in this strain , the Bench said the Supreme Court could grant divorce on the grounds of an “irretrievable breakdown of marriage” if the “separation is inevitable and the damage is irreparable ”. Under the Hindu Marriage Act, irretrievable breakdown of marriage is not yet a ground for divorce.

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. In a country which is largely poor, where gender discrimination is rife and many women are still not financially independent, the Court’s stress on “care and caution” and not to rush-into a quick divorce must be welcomed. After all, marriage equality is not a reality for all.

-
Lie
(verb) – be, remain, or be kept in a specified state.

होना

-
Inevitable
(adjective) – Unavoidable, inescapable, certain, sure, fated

अपरिहार्य

-
Ruling
(noun) – Judgment, decision, verdict, decree, order

फैसला

-
Irretrievable
(adjective) – Unrecoverable, irreversible, unrepairable, beyond recovery, lost

जिसका सुधार न किया जा सके

-
Breakdown
(noun) – Collapse, failure, disintegration, malfunction, deterioration

टूटना

Irretrievable Breakdown of Marriage (noun) – This means the couple can no longer live together as man and wife

-
Ground
(noun) – Reason, basis, justification, cause, motive

आधार

-
Opt out
(phrasal verb) – Withdraw, pull out, exit, retreat, disengage

से बाहर निकलना

-
Move
(noun) – initiative, step, action, act, measure

कदम

-
Lean
(on) (verb) – To rely or depend on someone or something

पर निर्भर होना/ भरोसा करना

-
Guiding spirit
(noun) – Inspiration, guiding principle, driving force, motivation, direction

मार्गदर्शक भावना

-
Constitution Bench
(noun) – a bench of the Supreme Court having five or more judges on it.

-
Extraordinary
(adjective) – Exceptional, remarkable, outstanding, amazing, astonishing

असाधारण

-
Discretionary
power (noun) – Discretionary power can be defined as the authority that allows an administrative agency or official to choose the most reasonable decision among several options following public and private interests.

विवेकाधिकार शक्ति

Discretionary (adjective) – Optional, non-compulsory, elective, voluntary

विवेकाधीन

-
Grant
(verb) – allow, accord, permit, afford

मंजूरी देना

-
Mutual
(adjective) – reciprocal, joint, common, shared, collective

आपसी

-
Consent
(noun) – agreement, assent, concurrence, accord

सहमत-
 

-
Trap
(verb) – get stuck, catch, get caught, block, entrap, lock in

फँसना

-
Bitter
(adjective) – Unpleasant, acrimonious dispute, disagreeable

पीड़ादायक

-
Spare
(verb) – Save, exempt, relieve, let off, release

से बचाना

-
Agony
(noun) – Suffering, pain, anguish, torment, distress

पीड़ा

-
Misery
(noun) – pain, sorrow, unhappiness, sadness, grief, distress

दुख

-
Annul
(verb) – Invalidate, nullify, cancel, void, abolish

रद्द करना/ अमान्य घोषित करना

-
Stipulate
(verb) – specify, set down, set out, lay down, set forth, state clearly

निर्धारित करना

-
Bench
(noun) – The judge or judges composing a court.

न्यायपीठ

-
Predominately
(adverb) – Mainly, mostly, chiefly, primarily, for the most part

मुख्य रूप से

-
Assign
(verb) – allot, given, dispense, consign, ascribe

सौंपना

-
Point out
(phrasal verb) – Indicate, show, draw attention to

बताना

-
Wreck
(verb) – Destroy, ruin, devastate

टूटना

-
Beyond
(preposition) – Further than, past, outside, exceeding, surpassing

परे

-
Uphold
(verb) – Support, maintain, defend, endorse, sustain

कायम रखना

-
Regardless
(adverb) – Despite, nevertheless, in spite of, anyway, anyhow

भले ही

-
Quash
(verb) – Annul, nullify, void, revoke, cancel

रद्द करना

-
Legal
(adjective) –Lawful, legitimate, licit, authorized, permissible

कानूनी

-
Proceeding
(noun) – Action, legal action, lawsuit, litigation, trial

कार्यवाही

-
Dowry
(noun) –an amount of money or property which, in some countries, a woman’s family gives to the man she is marrying

दहेज

-
Strain
(noun) – Stress, pressure, tension, burden, load

तनाव

-

Irreparable (adjective) – Irreversible, irrecoverable, unfixable, un-rectifiable

असुधार्य

-
Caution
(noun) –Carefulness, prudence, vigilance, circumspection, wariness

सावधानी

-
Discretion
(noun) –Judgement, discernment, prudence, judiciousness, wisdom

विवेक

-
Exercise
(verb) –Carry out, perform, implement, apply

प्रयोग करना

-
Keep in mind
(phrase) –Remember, bear in mind, consider, take into account

ध्यान में रखना

-
Consider
(verb) –Contemplate, think about, ponder, examine, review

विचार करना

-
Invoke (verb) – to mention or use a law, rule etc. as a reason for doing something

क़ानून आदि प्रयोग करना

-
Matrimonial
(adjective) – Of or relating to Marriage

वैवाहिक

-
litigation
(noun) –  Legal action, lawsuit, legal dispute, legal proceedings, legal contest

मुकदमेबाज़ी

-
Stay
(verb) – Remain, continue, persist, linger, reside

रहना

-
Apart
(adverb) – Separately, aside, away, at a distance, to one side

अलग

-
Reconciliation
(noun) – Resolution, settlement, compromise, understanding, agreement

सुलह

-
Coercion
(noun) –Force, compulsion, duress, pressure, constraint

ज़ोर-ज़बर्दस्ती

-
Divorcee
(noun) – a person who is divorced

तलाक़शुदा व्‍यक्ति

-
Decade
(noun) –A period of 10 years

दशक

-
Incidence
(noun) –Occurrence, frequency, rate, prevalence, proportion

घटना

-
Make
up (phrasal verb) – Form, comprise, constitute, make

बनाना

-
Abandon
(verb) –Desert, leave, forsake, discard, relinquish

त्यागना

-
Desert
(verb) – Abandon, leave, forsake, discard, maroon

छोड़ना

-
Reveal
(verb) – Disclose, unveil, expose, divulge, make known

प्रकट करना

-
Discrimination
(noun) –Bias, prejudice, partiality, favoritism, unfairness

भेदभाव

-
Rife
(adjective) –Widespread, prevalent, rampant, common, abundant

प्रचलित/व्यापक

-
Stress
(noun) – Emphasize, Importance, Accent

जोर

-
Rush
into (phrasal verb) – Act hastily, plunge into, dive into, leap into, charge into

जल्दबाजी में करना