Cooling-off period before divorce must stay: Panel

A Rajya Sabha standing committee studying Marriage Laws (Amendment) Bill 2010, which aims to make “irretrievable breakdown of marriage” a ground for divorce, has opposed removal of the six-month cooling-off period. It believes this period helps make couples rethink.

The bill was introduced in Rajya Sabha on August 4 last year.

“The existing provisions of law for divorce by mutual consent are fair and reasonable and the cooling-off period be retained so as to protect and preserve the institution of marriage,” the committee said in its report.

It also recommended safeguards, so that the new ground for divorce is not misused. The committee was of the strong view that liberalisation of divorce laws should essentially be accompanied by appropriate provisions recognising legitimate rights of women on matrimonial property/assets.

It also recommended defining the term “irretrievable breakdown of marriage”, so that a standard is followed by courts in dealing with divorce petitions. It suggested a review of provisions of the bill to better safeguard interests of women during divorce proceedings.

The committee found the bill only covered children born out of marriages, not adopted ones, and wanted the government to clear its position in this regard.