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India’s Supreme Court heaps shame on Hindu Marriage Act | India’s Supreme Court heaps shame on Hindu Marriage Act |
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For years, saner sections across the country, and the Sikh community in a very shrill voice, has been pointing out the many problems with the Hindu Marriage Act, apart from of course the violence in its very nomenclature against the non- Hindus, but the Indian Nation- State, in love with its brahamanical agenda, remained deaf to the cries of anyone on the right side of logic. Now, it has the shame of listening to its own Supreme Court saying the Hindu Marriage Act has broken more homes than uniting. On Tuesday, while listening to a divorce petition, so perturbed did a Judge of the Supreme Court of India become that in the open court he not just expressed anguish at the increasing number of divorce cases but minced no words in saying that the Act “has broken more homes than uniting.” The words of wisdome came from none other than Justice Arijit Pasayat, who was heading the vacation Bench. No doubt that he took the argument logically forward and said the “growing number of divorce cases in the country is having a disastrous effect on children of families which get broken.” In a lighter vein, he said: “Nowadays even at the time of marriages, anticipatory divorce petitions are being filed.” Justice Pasayat told the couple that the court was concerned about the welfare of the child rather than their mutual recrimination. “Ultimately the child suffers. If it is a girl, the trauma is more, particularly at the time of the marriage of such children.” Justice Pasayat said: “The provisions under the Hindu Marriages Act for grating divorce on grounds of either of the spouses suffering from diseases like leprosy and mental illness are being misused by some couples. Those days, our forefathers never had such problems and marital disputes were sorted out within the four walls of the house.” Source:World Sikh News
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| In a verdict that may have far reaching impact over institution of marriage, the Nagpur bench of Bombay high court has dismissed a husband's petition seeking divorce from wife living separately for last 19 years. The court observed that Separation is no ground for gettting divorce. |
Question: I got married to a Indian women & later shifted to USA. I got a divorce from her granted by United States Court. Now in I am back in India and want to marry and Indian citizen. What legal formalities I have to complete in order to get the remarried.