Lok Sabha Question No. 246 (UNSTARRED), answered on 2018-12-12
Subject: Hindu Marriage Act
Ministry: LAW AND JUSTICE
Asked by: KAMLA DEVI PATLE

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK   SABHA

## UNSTARRED QUESTION No. 246

## TO BE ANSWERED ON WEDNESDAY, THE 12 TH  DECEMBER, 2018.

## Hindu Marriage Act

## 246. SHRIMATI KAMLA DEVI PAATLE:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  Government  is  considering  to  amend  the  Hindu  Marriage  Act, 1955 and Special Marriage Act, 1954;
- (b) if so, the details thereof and the present status thereof;
- (c) the details of various Acts and Laws regarding disposal of matters related to divorce/null marriages in the country;
- (d) the number of divorce cases filed/disposed of, court-wise by various courts in the  country  including  those  of  Chhattisgarh  during  each  of  the  last  three years;
- (e) the procedure followed by the Government to dispose of the divorce cases in a time-bound manner;
- (f) whether any maximum time-limit is fixed for the disposal of divorce cases, if so, the details thereof; and
- (g) the other measures taken by the Government for the speedy disposal of such cases?

## A N S W E R

## MINISTER OF STATE FOR LAW AND JUSTICE

## AND CORPORATE AFFAIRS

## (SHRI P.P. CHAUDHARY)

- (a) and (b) Yes, Madam. The Personal Laws (Amendment) Bill, 2018, introduced in Lok Sabha on the 10 th  August, 2018, seeks to amend the Divorce Act, 1869 (4 of

1869), the Dissolution of Muslim Marriages Act, 1939 (8 of 1939), the Special Marriage Act, 1954 (43 of 1954), the Hindu Marriage Act, 1955 (25 of 1955) and the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), so as to omit  the  provisions  that  are  discriminatory  to  the  leprosy  affected  persons contained therein. Notice is given for consideration and passing of the said Bill in the current session.

- (c) The  following  are  various  enactments  under  which  the  divorce  cases  are settled in the country:-
- (i) the Divorce Act, 1869 (4 of 1869);
- (ii) the Parsi Marriage and Divorce Act, 1936 (3 of 1936).
- (iii) the Dissolution of Muslim Marriages Act, 1939 (8 of 1939);
- (iv) the Special Marriage Act, 1954 (43 of 1954); and
- (v) the Hindu Marriage Act, 1955 (25 of 1955);
- (d) The  Government  does  not  maintain  any  data  relating  to  divorce  cases filed/disposed of by various courts in the country.
- (e)  &  (f) The Family Courts Act, 1984 (66 of 1984) has been enacted to provide for the establishment  of  Family  Courts  with  a  view  to  promote  conciliation  in,  and secure speedy settlement of disputes relating to marriage and family affairs and  for  matters  connected  therewith.  However,  no  time  limit  has  been prescribed therein for disposal of cases.
- (g) Section 3 of the Family Courts Act, 1984, provides for establishment of Family Courts. Clause (a) of said section, i nter alia, mandates the State Governments  to  establish Family Courts for every area in the State comprising of a city or a town, whose population exceeds one million. Further, clause (b) of the said section, inter alia, provides for establishment of Family Courts for such other areas as it may deem necessary.