Thursday Brief

Some interesting developments which I would like to share with you all. One is non political and other is political one. I start with non political story first

1 Friends do you know that getting divorce is always a difficult task, and if it does not happen with mutual consent then the court proceedings some time takes years together and some time in the end you still may not be granted divorce. One of the reason for which divorce will not be granted can be- as per Hindu Marriage Act and Special marriage Act, ‘the irretrievable breakdown of marriage’ is not a ground for divorce. But yesterday Supreme Court (SC) ruled differently. In a divorce case which was going on last two decades, the man concerned was fighting the legal battle , first Lower Court and then  Andhra Pradesh High Court  had rejected his divorce application because his wife refused consent for divorce. The couple had been living separately for last 22 years , their relationship ran into trouble within few years of their marriage, which took place in 1993.

The SC, in a series of verdict earlier has asked the Central Govt to amend the law to introduce irretrievable breakdown as one of the grounds for divorce, but the law till date remains unamended and divorce is not granted even if couple has not lived together for years and their relationship bruised beyond repair. Even the :Law Commission, in its reports in 1978 and 2009, had recommended that the Centre take immediate steps to amend the law with regard to ‘irretrievable breakdown’ where a ‘wedlock has become a deadlock’. Nothing has happened with regard to this law.

In certain cases SC uses its power which has been given to them under Article 142 of Indian Constitution, which gives the SC power to pass an order that it deems necessary to provide complete justice. So yesterday SC used its power under Article 142 and said  “ In the present case, admittedly, the husband and wife have been living separately for more than 22 years and it will not be possible for them to live together. Therefore, we are  of the opinion that while protecting the interest of the respondent wife to compensate her by way of Lump Sum permanent alimony, this is fit case to exercise the powers under Article 142 to dissolve the marriage between both the parties. SC rejected the wife’s plea that marriage can not be dissolved without her consent, and granted relief to her husband after noting that all efforts of reconciliation had failed, and there was no possibility of reunion.

In my opinion forcing people to continue in unhappy marriage does not do good for both husband & wife. Remaining together just for law sake will not strengthen the institutions of marriage and family. So therefore this decades old law must be amended to make it easy and painless as possible for people unhappy in marriage to end it.

2 Congress Leader Sushil Kumar Shinde stirred up a storm when yesterday he made a statement that Congress and its ally Nationalist Congress Party (NCP) were tired and needed to be merged. Addressing a public meeting he said, he lamented the separate existence of the parties, and further added that other party also must be feeling the same, but not saying it openly. Sharad Pawar, the NCP Chief however dismissed Shinde’s claim and said that NCP is energetic and geared up to face the assembly elections, and further added that I am NCP Chief. I know the status of my party much better than Shinde.

In another development  Maharashtra State BJP President Chandrakant Patil said his party would retire NCP’s chief from politics, and do not be surprised if Pawar family seeks entry into BJP. Most of the Congress Central leaders have said , these are Shinde’s personal views and it does not represent party’s views. But Congress spokeperson said that Congress and NCP share the same ideology and their priority is removal of farcist forces. Any thing can happen in near future.

In my opinion the major stumbling block in the merger of these parties will be present Congress President Sonia Gandhi, she has neither forgotten nor forgiven Sharad Pawar, because Pawar was the main leader who took  a stand that being a foreigner and not a natural citizen of India she should not become PM of India. And on that basis he along with PA Sangma & Tariq Anwar started the new party NCP and many Congressmen left the party and joined NCP.

In the end politics is a dirty game and any thing can happen in future.

Awaiting your views/feed backs/comments.

Anil Malik

Mumbai, India

10^th Oct 2019