Hindi English Translation || Editorial || A good divorce: On the Supreme Court of India’s ruling

A good divorce: On the Supreme Court of India’s ruling

Irretrievable breakdown of marriage should be a ground (आधार, ज़मीन) for divorce

Not all marriages are happy, and not all divorces are unhappy. For those who want to opt out (बाहर निकलना, छोड़ना) of a bad marriage, Monday’s Supreme Court ruling on divorce will be seen as a good move (कदम). Leaning on the “guiding spirit (मार्गदर्शक आत्मा)” of Article 142(1) of the Constitution to do “complete justice” in any “cause or matter”, a Constitution Bench (a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist) said it could use this extraordinary (असाधारण) discretionary power (विवेकाधीन शक्ति) to grant divorce by mutual consent (अनुमति, सहमति) to couples trapped in bitter (painful, unpleasant, disagreeable, unhappy) marriages. It also aims to spare (to prevent someone from going through an unpleasant, painful, or embarrassing situation or feeling) couples the “agony and misery (pain, grief, anguish, agony, distress, torment, suffering)” of waiting six to 18 months for a local court to annul it, as stipulated (determined, established, formulated, pronounced, prescribed) under Section 13B of the Hindu Marriage Act, 1955 (An act to amend and codify the law relating to marriage among Hindus). The Bench (a court of law with a number of judges), headed by Justice Sanjay Kishan Kaul, observed (अवलोकन करना, टिप्पणी) that the law of divorce, built predominantly (मुख्य रूप से) on assigning fault, fails to serve (सेवा करना, सहायता) broken marriages. It pointed out (इशारा करना, पहचानना) that if a marriage is wrecked (damage, ruin, spoil) beyond hope, public interest (जनहित) lies in recognising this fact, not upholding (कायम रखना) a ‘married’ status regardless (anyway, anyhow, in any case). The Court said it could use Article 142 to quash (overrule, revoke, cancel, dismiss, nullify, annul) pending criminal or legal proceedings (कानूनी कार्यवाही, परीक्षण), be it over domestic violence (घरेलू हिंसा) or dowry (it is a money, goods, or property given to a bride’s in-laws at the time of her marriage), against the man or woman. Continuing in this strain, the Bench (a court of law with a number of judges) said the Supreme Court could grant divorce on the grounds of an “irretrievable breakdown of marriage” if the “separation is inevitable (unavoidable, unpreventable, inescapable) and the damage is irreparable”. Under the Hindu Marriage Act, irretrievable (irreversible, irreparable, irrecoverable) breakdown (failure, collapse) of marriage is not yet a ground for divorce.

In its judgment, there was a word of caution that the grant of divorce would not be a “matter of right, but a discretion (liking, wish, desire, preference, disposition. choice) which is to be exercised with great care… keeping in mind that ‘complete justice’ is done to both parties.” Several factors would be considered by the Supreme Court before invoking (cite, refer to, adduce, use, put into effect, turn to, resort to) Article 142 in matrimonial (marital, relating to marriage/wedding) cases, including duration of marriage, period of litigation (trial, inquiry, legal proceeding(s)), the time the couple has stayed apart, the nature of pending cases, and attempts at reconciliation (restoration of friendly relations, restoration of harmony, agreement, compromise, understanding, peace, an end to hostilities; conciliation, pacification, appeasement). The Court will have to be satisfied that the mutual agreement to divorce was not under coercion (it means compelling an individual to act against his/her will by the use of psychological pressure or physical force causing bodily injury; force/pressure, compulsion, enforcement, demand, constraint, oppression, harassment, intimidation). In India, while divorcees have doubled in number over the past two decades (a period of ten years), the incidence (rate, quantity/amount, degree, extent) of divorce is still at 1.1%, with those in urban areas making up the largest proportion. But the divorce numbers do not tell the whole story; there are many women, particularly among the poor, who are abandoned (deserted, forsaken, rejected, dumped) or deserted (stuck (in difficulties), left without the ways to move; helpless). Census (an official survey, particularly of a population) 2011 revealed that the population which is “separated” is almost triple the divorced number. In a country which is largely poor, where gender discrimination (prejudice, intolerance, inequity, unfairness (against an individual or group of individuals by society and its institutions (basically in the procedures, policies, or objectives) as a whole) is rife (widespread, general, common, extensive, prevalent, ubiquitous, omnipresent, everywhere, present everywhere) and many women are still not financially independent, the Court’s stress (emphasis, importance, weightage) on “care and caution” and not to rush into a quick divorce must be welcomed. After all, marriage equality (the condition of having the same rights and responsibilities of marriage as others, in spite of one’s sexual orientation or gender identity) is not a reality for all.

Courtesy: The Hindu

Important Word List With Meaning

1.ground (noun)

Hindi Meaning - आधार, ज़मीन
English Meaning - reason, factor, cause, basis, premise, rationale.

2.opt out (phrasal verb)

Hindi Meaning - बाहर निकलना, छोड़ना
English Meaning - pull out, quit, withdraw, leave, reject.

3.move (noun)

Hindi Meaning - कदम
English Meaning - step, action, act, measure.

4.guiding spirit (noun)

Hindi Meaning - मार्गदर्शक आत्मा
English Meaning - someone or something that influences others or an inspiration to others on how to do something successfully.

5.extraordinary (adjective)

Hindi Meaning - असाधारण
English Meaning - unique.

6.discretionary power (noun)

Hindi Meaning - विवेकाधीन शक्ति
English Meaning - it means the authority, which provides an administrative agency or official with some degree of latitude (freedom) in regard to choosing the most reasonable decision among several decisions in compliance with public and private interests.

7.consent (noun)

Hindi Meaning - अनुमति, सहमति
English Meaning - approval, agreement, acceptance, concurrence.

8.observe (verb)

Hindi Meaning - अवलोकन करना, टिप्पणी
English Meaning - comment, mention, remark, say.

9.predominantly (adverb)

Hindi Meaning - मुख्य रूप से
English Meaning - mainly, mostly.

10.serve (verb)

Hindi Meaning - सेवा करना, सहायता
English Meaning - assist, help, aid.

11.point out (phrasal verb)

Hindi Meaning - इशारा करना, पहचानना
English Meaning - identify, mention, indicate, draw attention to.

12.public interest (noun)

Hindi Meaning - जनहित
English Meaning - the welfare or well-being of the general public” and society.

13.uphold (verb)

Hindi Meaning - कायम रखना
English Meaning - confirm, endorse/approve, vindicate/validate.

14.legal proceedings (noun)

Hindi Meaning - कानूनी कार्यवाही, परीक्षण
English Meaning - trial, hearing, inquiry.

15.domestic violence (noun)

Hindi Meaning - घरेलू हिंसा
English Meaning - abuse of a spouse; any behavior the purpose of which is to gain power and control over a spouse.

16.ruling (noun)

English Meaning - judgement, verdict, decision, pronouncement, resolution, decree.

17.irretrievable (adjective)

English Meaning - irreversible, irreparable, irrecoverable.

18.breakdown (noun)

English Meaning - failure, collapse.

19.lean on (phrasal verb)

English Meaning - be dependent, rely on, have faith in, pin one’s faith.

20.Article 142 of the Constitution of India (noun)

English Meaning - Article 142 of the Constitution of India empowers the Hon’ble Supreme Court of India to pass any decree or order necessary for doing “complete justice” in any matter pending before it.

21.Article 142 (1) of the Constitution of India (noun)

English Meaning - The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

22.bench (noun)

English Meaning - a court of law with a number of judges.

23.Division Bench (noun)

English Meaning - a bench of two or three judges is called a division bench.

24.Constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist.

25.trap (verb)

English Meaning - get stuck, get caught.

26.bitter (adjective)

English Meaning - painful, unpleasant, disagreeable, unhappy.

27.spare (verb)

English Meaning - to prevent someone from going through an unpleasant, painful, or embarrassing situation or feeling.

28.misery (noun)

English Meaning - pain, grief, anguish, agony, distress, torment, suffering.

29.annul (verb)

English Meaning - declare invalid, cancel, nullify, invalidate.

30.stipulated (adjective)

English Meaning - determined, established, formulated, pronounced, prescribed.

31.Section 13B of the The Hindu Marriage Act, 1955 (noun)

English Meaning - an Act to amend and codify the law relating to marriage among Hindus.

32.Hindu Marriage Act, 1955 (noun)

English Meaning - An act to amend and codify the law relating to marriage among Hindus.

33.wreck (verb)

English Meaning - damage, ruin, spoil.

34.regardless (adverb)

English Meaning - anyway, anyhow, in any case.

35.quash (verb)

English Meaning - overrule, revoke, cancel, dismiss, nullify, annul.

36.dowry (noun)

English Meaning - it is a money, goods, or property given to a bride’s in-laws at the time of her marriage.

37.strain (noun)

English Meaning - kind, type, sort; a particular tendency.

38.inevitable (adjective)

English Meaning - unavoidable, unpreventable, inescapable.

39.a word of caution (phrase)

English Meaning - a warning.

40.discretion (noun)

English Meaning - liking, wish, desire, preference, disposition. choice.

41.keep in mind (phrase)

English Meaning - take into account, be mindful, remember, consider, heed, take into consideration.

42.invoke (verb)

English Meaning - cite, refer to, adduce, use, put into effect, turn to, resort to.

43.matrimonial (adjective)

English Meaning - marital, relating to marriage/wedding.

44.litigation (noun)

English Meaning - trial, inquiry, legal proceeding(s).

45.reconciliation (noun)

English Meaning - restoration of friendly relations, restoration of harmony, agreement, compromise, understanding, peace, an end to hostilities; conciliation, pacification, appeasement.

46.coercion (noun)

English Meaning - it means compelling an individual to act against his/her will by the use of psychological pressure or physical force causing bodily injury; force/pressure, compulsion, enforcement, demand, constraint, oppression, harassment, intimidation.

47.decade (noun)

English Meaning - a period of ten years.

48.incidence (noun)

English Meaning - rate, quantity/amount, degree, extent.

49.make up (phrasal verb)

English Meaning - comprise, form, constitute, account for.

50.abandoned (adjective)

English Meaning - deserted, forsaken, rejected, dumped.

51.deserted (adjective)

English Meaning - stuck (in difficulties), left without the ways to move; helpless.

52.census (noun)

English Meaning - an official survey, particularly of a population.

53.reveal (verb)

English Meaning - show, display, exhibit, disclose, manifest, unveil, expose.

54.discrimination (noun)

English Meaning - prejudice, intolerance, inequity, unfairness (against an individual or group of individuals by society and its institutions (basically in the procedures, policies, or objectives) as a whole.

55.gender discrimination (noun)

English Meaning - sexual discrimination; discrimination based on gender (or sex).

56.rife (adjective)

English Meaning - widespread, general, common, extensive, prevalent, ubiquitous, omnipresent, everywhere, present everywhere.

57.stress (noun)

English Meaning - emphasis, importance, weightage.

58.marriage equality (noun)

English Meaning - the condition of having the same rights and responsibilities of marriage as others, in spite of one’s sexual orientation or gender identity.