Author: Pooja Praveen, Student at Sastra University, Thanjavur
ABSTRACT
The current framework of divorce by mutual consent within the ambit of Indian family laws, highlighting its procedural intricacies and inherent challenges, is what is delved into by this paper. This study argues that the existing legal provisions relating to divorce by mutual consent are in need of comprehensive reform, to align with evolving societal norms and address emerging complexities, even though divorce by mutual consent was introduced as a progressive measure.
The historical context of divorce laws in India, emphasizing the significance of adapting to contemporary perspectives on marital relationships, is explored by this paper. The cumbersome procedures, prolonged waiting periods, and potential avenues for misuse, inherent in the current legal framework, is scrutinized by it.
This research advocates for a streamlined, expedited, and gender-neutral approach to divorce by mutual consent, recognizing the importance of maintaining the sanctity of marriage while also respecting individual autonomy. Digitization of processes, sensitivity to the emotional well-being of involved parties and the incorporation of alternative dispute resolution mechanisms are some of the proposals for reform encompassed. The pressing need for comprehensive reforms, to address the emerging societal shifts and ensure equitable outcomes for all parties involved, are also emphasized by it.
The paper endeavors to discuss the nuances of Hindu Marriage Act, 1955, the need for a uniform civil code and alternate dispute resolution mechanisms, for the effective adjudication of divorce in India. A more responsive legal framework that aligns with evolving social norms and fosters a fair and efficient resolution of marital disputes through mutual consent is what this paper suggests for.
Keywords: Divorce; Divorce laws; Hindu Marriage Act, 1955; Uniform civil code; Alternate dispute resolution mechanisms.
