An Analytical Study of Divorce by Mutual Consent under Hindu Marriage Laws
Department of Law, Calcutta University, India
Volume III, Issue IV, 2020
Marriage under the Hindu Law is considered to be a sacrament. According to Hindu Philosophy, Marriage is the beginning of a new phase of life as it marks the ending of the Brahmacharya i.e. the first phase of life and the beginning of the Grihastha phase i.e. the second phase of life. In the judgement of Koppisetti Subbharao v. State of Andhra Pradesh it was held that marriage is considered as the union of two souls. Thus, it can be said that marriages are a sacred alliance for life, and moreover it is not only just a union of two persons but also of two families.
In ancient times, marriage was considered to be a permanent bond. But with time this notion of marriage being a permanent bond has undergone a severe transformation. In the modern era of consumerism there are severe contradictions and differences that arise between parties which ultimately lead to bitterness. Dissolution of the bond of marriage has often been observed to be the end result of such a relationship. The provision of Divorce by Mutual Consent which was inserted by an amendment in the year 1976 and is contained laid down in Section 13B of the Hindu Marriage Act, 1955 has often been considered as a very good way to settle disputes between parties in a peaceful manner.
This articles aims to introspect this process of Divorce by Mutual Consent under the Hindu Marriage Act, 1955 and examine the process and conditions related to filing of such a divorce. It also aims to study the changes that have been incorporated in these sections with time.