#CelebrateingtheRainbow at the workplace – share your stories of Pride!
SC must be fully satisfied that the marriage has completely failed and there is no possibility that the parties will cohabit together… that the matrimonial alliance has become totally unworkable, emotionally dead and beyond salvation.
On Labour Day 2023, there was a Breaking News–
This 1st May 2023, the Supreme Court (SC) made a landmark ruling.
It ruled that it can grant divorce under Article 142 of the Constitution and has the discretionary powers to dissolve a matrimonial alliance that has broken down irretrievably. However, no spouse has the right to move it directly to seek divorce claiming “irretrievable breakdown of marriage”.
As per the Five-Judge Supreme Court Bench of Justices SK Kaul, Sanjiv Khanna, AS Oka, Vikram Nath and JK Maheshwari (from the TImes of India)
“Grant of divorce (in case of irretrievable breakdown of marriage is not a matter of right, but a discretion to be exercised (by the SC) with great care & caution, keeping in mind several factors ensuring ‘complete justice’ is done to both parties.
Filing an appeal in SC under Art 136 should also not be used to short circuit the legal procedure provided for getting divorce by mutual consent or through contest in family courts.”
The Hindu Marriage Act gives a mandatory cooling-off period of six months in case of divorce through mutual consent. SC reaffirmed that it has the power to waive the waiting period subject to conditions.
SC has stated that- when a marriage is irretrievable and divorce inevitable, the cooling-off period can breed misery and pain, without any benefit and gain. “Settlement, and not litigation, should be the preferable mode of dispute resolution in matrimonial matters.”
As per eminent Advocate Ashwini Upadhyay in this interview with @ANI– “Supreme Court’s order on divorce will not benefit the common man. It would have been better if SC could have made guidelines to fast-track hearing on matters of divorce. SC could have given the same powers to the High Courts and Family Courts of different places so that parties would not have to travel from far-flung areas to Delhi, and their cases could have been more conveniently dealt with.”
In India, marriages are very elaborate affairs. Indian families plan for it for a lifetime- as soon as their child is born.
“Chat Mangni, Pat Vivah” (quick engagement and quick marriage) is the dream for many.
But, now divorce may also get added: Chat Mangni, Pat Vivah, ChatPat Divorce
Divorce Statistics presented by @stats_feed show that India, at 1%, has amongst the lowest rate of divorce in the world.
Here are some reactions to the statistics:
“You see a very small divorce rate in India. I see millions of unhappy, toxic, abusive, irreconcilable divorce-less marriages.”
“The high divorce rate also represents gender equality where men and women can “think” what is right for them. India’s story is completely the opposite.”
“A lot, lot many women would opt for divorce if they had parental support, children to raise, financial independence, no fear of social stigma/ personal security, a safe roof to stay under. So many factors are stacked against women.”
The concerns and sentiments are genuine though 1% may not be the correct statistics.
The absolute divorce figures may still be staggering considering that they pertain to India- the soon-to-be most populous nation of the world.
“The data for India is about 7 to 10%. It is not 1%. The formula to be used is, what are the number of divorces in a year for every 100 marriages taking place in a year. Divorce rate will be 15% to 20% in next 10 years. The divorces rates for younger ppl are high and that matters in states.”
– Save Indian Family Foundation @realsiff
There were some other interesting reactions.
“Ab roz roz ki ladai se chutkara; ek baar lado aur phir divorce.”
– Le Binod meme from Twitter
(Ref: For those married people who have many fights post-marriage)-
Now freedom from fights everyday; fight once and then get divorced.
An Indian Divorce Photoshoot by artist and fashion designer Shalini who shared some images of her Divorce Photoshoot on her Instagram account.too became viral around the same time. It trended along with the Supreme Court Divorce judgment.
The photos signal the end of her marriage. She is seen tearing a photograph, stamping on a picture-frame, holding a bottle of alcohol, and also happily posing with a chain with the letters- D-I-V-O-R-C-E.
Many commented on her post, and many of them have been trolling her.
“#Divorce Pre wedding, Pregnancy photoshoot is old school now, Wokes are celebrating divorce photoshoot”
#Divorce Take huge alimony either through monetary settlement which may be through filling false cases against in-laws. Then spend some part of it for Divorce photoshoot. #Womens They are leading marriage to a different level.
Some find it interesting.
Others wish the strong divorced woman well and assure her that all will be well.
Last month, the Divorce Photoshoot of Laurence Brooke had gone viral on TikTok. She has said, “I’ve been called a narcissist and attention-seeking, and people are saying I was the problem. The photo shoot wasn’t celebrating the divorce itself – it was celebrating the fact that I survived it.
This shows that women are usually blamed for divorces, irrespective of the geographical place.
After her Divorce Photoshoot went viral, her Indian counterpart Shalini shared in her Instagram post: “The photos were not taken for publicity, but rather to send a message to other women who may be in similar situations. I wanted to use my voice to empower those who may feel voiceless.
They have received support, hope, positive empowering and encouraging comments.
With the support of the apex court and also with the help of the public, may women feel respected and be empowered.
Image source: Flickr
A creative explorer. Believes in miracles and the power of words.
Independent researcher, PhD, writer, cultural activist, social worker.
Orange Flower Award 2019 for Best Use of Twitter for Social Impact- Runner-Up.
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