The Supreme Court of India on Tuesday expressed its anguish and concern over the increasing number of divorce cases.
Justice Arijit Pasayat, heading a vacation Bench, orally observed that the Hindu Marriage Act, ‘ has broken more homes than uniting’
‘The growing number of divorce cases in the country is having a disastrous effect on children of families which get broken.’ Justice Arijit Pasayat said.
He also said in a lighter vein, ‘Nowadays even at the time of marriages, anticipatory divorce petitions are being filed.’
Hearing a petition filed by Gaurav Nagpal, seeking custody of his minor son Justice Pasayat said, ‘Ego should get dissolved for the sake of the child,’ even as the mother Sumedha Nagpal, who argued in person, opposed giving custody of the boy to her separated husband.
Justice Pasayat said that the court is concerned about the welfare of the child rather than their mutual recrimination. ‘Ultimately the child suffers. If it is a girl, the trauma is more particularly at the time of marriage of such children.’
Jastice Pasayat also said that the provisions under the Hindu Marriages Act for granting divorce on grounds of either of the spouses suffering from diseases like leprosy and mental illness are being misused by some couples.Those days, our forefathers had never such problems and marital disputes were sorted out within the four walls of the house.’
Gaurav Nagpal filed an appeal against an order passed by the Delhi High Court confirming a trial court order which granted custody of the 11-year-old boy to the mother.
Justice Pasayat and Justice Singvi suggested to the couple that they sorted out their differences for the sake of the child. However, when Mrs.Nagpal turned down the offer, the judges heard the couples in the chambers.The Bench will pass an appropriate order on Wednesday if there is no settlement in the in-camera hearing.
It should be noted that the Supreme Court has failed to note down that the peoples are coming to court seeking matrimonial reliefs especially divorce,only after a series of episodes between the spouses that result in complete breakdown of their marriage. The court can offer only healing touches by way of counseling and it is quite difficult to patch up.After all a marriage breaks down due to a combination of various factors.