invoice: Invoice in Lok Sabha seeks parity on divorce grounds no matter legislation below which marriage happened | India Information

NEW DELHI: A personal member invoice launched in Lok Sabha on Friday has sought parity within the grounds, on which a person and spouse could search divorce no matter legislation, below which their marriage has been solemnised.
The Hindu Marriage (Modification) Invoice, 2021, launched by senior advocate and Congress MP Manish Tewari on Friday, argues that whereas the Particular Marriage Act, 1954, permits a husband or spouse to hunt divorce on grounds that the partner is present process a sentence of imprisonment for seven years or extra for a penal offence, the Hindu Marriage Act, 1955, doesn’t present related grounds for acquiring a divorce.
“There appears to be no purpose as to why an individual whose marriage is solemnised below (the) Hindu Marriage Act, 1955, shouldn’t be afforded this floor of divorce in as a lot that the dominant logic and function for inclusion of this clause in Particular Marriage Act, 1954, holds true even for Hindu Marriage Act, 1955,” the invoice argued.
The Particular Marriage Act, 1954, offers for civil marriages between two people no matter their non secular religion and isn’t ruled by private legal guidelines. The Hindu Marriage Act, 1955, however, pertains to marriages between Hindus.
Arguing that the grounds, on which divorce may be sought below one legislation ought to apply within the different as properly, the Hindu Marriage (Modification) Invoice, 2021, says that an individual whose marriage is solemnised below the 1955 act also needs to have the chance to hunt divorce on the grounds that his or her partner is present process a sentence of imprisonment for seven years or extra for an offence as outlined within the Indian Penal Code, 1860.
The proposed laws additionally comprises caveat {that a} divorce shall not be granted on this floor, except the imprisoned partner had served a minimum of three of the seven-year imprisonment interval, earlier than the divorce petition is filed.

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