“Compatibility” as a Ground of Divorce by Mutual Consent in India
Abstract - Marriage is considered to be a Sacramental Union. Globalization and modernization have altered the notion of marriage being a permanent bond. India has witnessed transition from the concept of Sati, child marriages, Traditionalism, etc. to present date LGBTQ marriages, inter-caste marriages, love marriages and even live-in relationships. Divorce is subjected to personal laws in India. Article 21 of the Constitution ensures dignity of women at the matrimonial home. Supreme Court has dissolved many marriages by exercising its inherent power under Article 142 of the Constitution as the Court is of the view that there is no use in continuing forced marriages. The provision of Divorce by Mutual Consent is contained in Section 13-B of The Hindu Marriage Act, 1955. This provision was inserted by an amendment in the year 1976, and it has been considered a very good mode to solve disputes between parties in an amicable manner. Earlier cruelty, desertion and harassment used to account for two out of three divorce cases, but now, compatibility has been cited as a ground in the majority of the cases. This is attributed to the fact that the majority of the divorce cases have been filed by younger couples, who mostly complain of attitudinal problems while filing for divorce. In this research paper, “Compatibility,” as a ground of Divorce by Mutual Consent is studied through Doctrinal Legal Research methodology. In this study it is observed that there is a requirement for a specific law to be enacted to address rising compatibility issues among couples.
Keywords - Divorce by Mutual Consent, Compatibility, Hindu Marriage Act 1955, Supreme Court, Constitution of India.