KOCHI: The recent amendments to the Hindu Marriage Act brought in some major changes in the process of breaking a relation. Now, it is easier and faster. The amendments included ‘irretrievable breakdown of marriage’ as one of the grounds for filing/granting a divorce. They also waived off the six-month ‘cooling off’ period for joint divorce. Sanjay K, an IT professional, explains why the six-month period after filing a joint petition for divorce is important. Sanjay and his wife had finally decided to split, following years of ego issues between them. But as per the court procedures, they were asked to go in for counselling sessions. “It was in those sessions that we actually grew to know each other better. After six months we withdrew the case and are living happily since,” says Sanjay. The amendments have got mixed responses from advocates, psychotherapists, counsellors and laymen. “The government’s decision to take away the six months time for mutual divorce cases will now result in increased divorce rates. We are going a step nearer to the western way of life,” says advocate C G Ajitha. Of course in some dire cases, the amendment can prove beneficial, she adds. “There are cases where immediate action is needed, so the new law is welcoming when it applies here. Or else the government should have retained the six month period for the normal divorce petitions and for special cases, it should have been waived off.”But advocate K V Bhadra Kumari is not against the amendment. “Those couples seeking mutual divorce have already decided what they want to do with their life. So why waste another six months to get a divorce. This amendment will speed up the court procedures. Earlier the couples had to unnecessarily charge the other party with cruelty and other illegal acts for getting divorce but now the ‘irretrievable breakdown of marriage’ makes it more smooth.”Clinical psychologists and mediators are of differing opinion as there are many cases to cite where couples going in for mutual divorce have withdrawn the divorce after the six-month ‘rethinking’ period. “Many times couples split following small misunderstanding. So while talking it out they realise that there is no need for a split,” says Mary Kutty John, counselling faculty, St Teresa’s College. Same is the opinion of Kurian Mathew, Empanelled Mediator. He says, “The recent amendments are dangerous as no time is given for a patch-up."
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