What are the main changes introduced in the Hindu Marriage Act, 1955 by the Marriage Laws (Amendment) Act, 1976.

The following are the changes introduced in the Hindu Marriage Act, 1955 by the Marriage Laws (Amendment) Act, 1976, viz.

That (1) all grounds available for a Judicial Separation has now” been made available to a Hindu for divorce too: A Hindu can claim a decree of divorce on the grounds of either desertion or cruelty now.

The meaning of “desertion” has been statutorily widened so as to include “willful neglect” in its definition. Thus an uncured for or neglected wife can claim a decree of divorce on the ground of her husband desertion.

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(2) A singular or isolated act of adultery or infidelity has also been made a ground for divorce now and the old concept of “is living in adultery” has lost that significance, which it once pos­sessed, one lapse in virtue is sufficient to call for divorce.

(3) Divorce can also be granted to a wife now who is suc­cessful in obtaining an order of maintenance under any other law, under the altered Act. This clause obviously benefits the women­folk substantially.

(4) A provision for “Divorce by mutual consent” too finds a decent place in the Act. This is a new provision and needs a cautious study. For obtaining a divorce on this ground, the parties are required to wait for only six months after filing the petition, though they are obliged to obtain it within 18 months.

(5) In relation to a petition for nullity of marriage, recurring attacks of insanity and epilepsy or mental disorders of a nature rendering a party unfit for marriage or procreation of children, too have been made a ground for nullifying a marriage and further, if these ailments occur later on these will be an instant ground for divorce too.

“A misrepresentation regarding any material fact of circum­stances concerning the respondent” is thus a new ground for nulli­fying a marriage.

The Amendment has thus widened the meaning, scope and the purpose of the term “unsoundness of mind” or insanity.

(6) A minor girl is now entitled to repudiate her marriage, provided she does this after attaining the age of fifteen years, but before attaining the age of eighteen years. This provision pos­sesses close resemblance with the concept of “option of pu­berty” of Muslim Law.

(7) The Act confers jurisdiction to the court of the area where the petitioner resides, to deal with a matrimonial petition in cases where the respondent either resides outside India or is not heard of for seven years.

(8) With a view to expedite the disposal of a matrimonial petition, a provision has been made in the Amendment Act that the trial should conclude within a period of six months, and the appeal within three months.

(9) A divorcee can now re-marry immediately. The waiting period of one year, as was provided in Sec. 15 is now taken away by the Amendment.

(10) The interim period between Judicial Separation and di­vorce has been reduced to one year (instead of two years) now and appeals from interim orders stand abolished.

(11) Under the Amendment Act, a spouse can file a petition for divorce after one year of his or her marriage now. Formerly, it was three years. This provision has the obvious merit of reducing the hardships of those couples, who fail to pull on their matrimo­nial happiness too long. The torturous martial sorrows and dis­pleasures can be cut off or mitigated in a shorter span on the time under the altered law.

(12) An explanation has been added to Sec. 9 of the Act now, the effect of which is to fix the responsibility or proving “reason­able excuse” for withdrawal from society on that spouse, who withdraws from it.

(13) A new shape new been given to Sec. 16 of the Act. It states as follows:-“Not withstanding that a marriage is null and void under Sec. 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legiti­mate, whether such child is born before or after the commence­ment of the Marriage Laws (Amendment) Act, 1946, and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

Provisions regarding children of a voidable marriage have also been made in the Act on similar lines.

(14) The Act further provides that every matrimonial proceed­ings should be conducted in Camera from now onwards.

(15) Sec. 19 of the Act too gets an elaborate look and its scope appears to be widened. It provides that a matrimonial petition can be presented to the District Court within the local limits of whose original jurisdiction (i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition resides, or (iii) the parties, to the marriage last resided together, or (iv) the petitioner is residing at the time of the presentation of the peti­tion, in those cases where the respondent was residing outside the territories to which the Act extends or has not been heard of as being alive for a period of 7 years or more by those persons who would naturally have heard of him, if he were alive.

(16) Sections 21A, 21B and 21C have been newly added to sec. 21 of the Act these sections regulate the transfer and disposal of matrimonial petition when presented in difficult courts by the parties to a marriage. That court has been conferred the jurisdic­tion to deal with the case, to which the petition was made at an earlier date by either spouse. These Sections also made it incum­bent on the court to decide the case within six months and in case of appeal, within three months.

(17) In cases, where a move for reconciliation is made, the court at the instance of the parties or on his own grant adjourn­ment for a reasonable period, but which does not exceed for more than 15 days. This matter of reconciliation can also be referred to a third person. But this direction has to be exercised by the court in just and proper cases.

(18) Sec. 23A is also a new section. It allows a respondent to make a counter-claim for a decree of judicial separation or di­vorce, in all those cases in which he or she can prove the peti­tioner’s fault in relation to adultery, cruelty or desertion.