Conciliation In Hindu Marriage Act
Hindu Marriage harmonizes two individuals for ultimate eternity, so that they can pursue dharma, arth, and kama. It is a union of two individuals as spouses, and is recognized by liveable continuity. Hindu marriage is considered a permanent union. It is considered a sacrament while being a civil contract. This ideology has resulted in less divorce rates and broken marriages in India. Divorce was not a concept in earlier times couples used to fight and still tend to stick together. Today couples divorce on the slightest inconvenience. This would result in a lot of broken marriages. So, conciliation is required before making a decision which is permanent.
Restitution of Conjugal Rights:-
Section 9 Hindu Marriage Act, 1955- either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground because the application should not be granted, may decree restitution of conjugal rights accordingly. This section helps to bring the couple together and lessen the difference which would result in (divorce) or irretrievable breakdown of marriage.
Concept of Divorce with Mutual Consent:-
As per Section 13B, the person can file the petition for divorce by mutual consent of both the parties. If the parties want to dissolve their marriage as a mutual consent they are required to wait for one year from the date of marriage. They have to show that they are living separately for one or more years and not able to live with one another.
No Petition for Divorce within One year of Marriage:-
As per Section 14, no Court will entertain the petition of divorce within the one year of the marriage. But can be entertained if the matter is related to bigamy, and where the consent of the spouse was taken through misrepresentation, fraud, undue influence etc. Section 9, Section 13B and 14 are the conciliation steps.
Where the petitioner is faced with such hardships that his or her life has turned to be a complete hell or the respondent has committed such a heinous moral offence that it has become completely intolerable to the petitioner it would be possible to pass a decree for divorce without waiting for the expiry of the stipulated period of one year.
Guidance in considering what could be treated as exceptional hardship or depravity by laying the following general principles:-
Adultery with one person is not exceptional depravity.
Adultery plus desertion in favour of another woman by the husband plus cruelty to his wife constitutes exceptional hardship to the wife.
Apart from adultery coupled with another matrimonial offence the consequences of adultery may cause exceptional hardship, e.g., when a wife has a child by adultery.
If a husband commits adultery within a few weeks of his marriage, or promiscuously with his wife’s sister, or a servant in the home, that may be held to be exceptional depravity.
Cruelty coupled with aggravating circumstances, e.g., drunkenness and neglect may be exceptional hardship on the aggrieved spouse or if coupled with perverted lust exceptional depravity by the proposed respondent.
Adultery with the wife’s sister or servant in the house.
Husband’s adultery promiscuously with another woman.
Conclusion
Section 9, 13 and 14 provides restrictions presumably designed to prevent party recourse to legal proceedings before the parties have made real effort to save their marriage from disaster.
It is grounded on public policy because marriage is the foundation of civil society and no part of the laws and Constitution of a country can be of more vital importance to its subjects than those which regulate the manner and conditions of forming and, if necessary, of dissolving marriage contract.