How Important Is Registering Divorce In The Court?
It’s not the marriages but divorces have to be registered too. This registration tag especially from the government ensures a fair play in future. Previously it was not just the marriages that required to be registered formally, but now with changing times even if the couple wishes to part ways then it becomes important to get the divorce registered. This was done in the recent recommendation by the law commission; it is mandatory to get even the divorces registered.
The reason that was cited by the commission was numerous particularly in cases of women. Most of the women continue to suffer from hardships after the divorce in absence of proper legal certificate that dissolves the marriage. In the report it was pointed out that in the absence of legal registration of divorce particularly in the communities that allows divorces out of the court can further lead to the misuse of the law.
The committee further elaborated that in the Muslim community which is governed by the Muslim marriage act, The Islamic school of thought with the pronunciation of the word “talaaq” thrice (followed by certain terms and conditions and period of time, after then the divorce gets recorded) can lead to divorce. The act also allows if the word is put forward in written form in form of emails or even over the telephone.
However in the recent trend, most of the couples who seek divorce in the community get it done in presence of the community priest, the person issues a document that grants separation among the two people, estranged in relationships. This written document by the priest serves as a recorded proof of the divorce. This is good move in the communities as the rights of the women will be safeguarded and there will be no scope for misuse. In the Hindu marriage act, the decree that is issued by the family court is considered equivalent to the official certificate issued. While the introduction of registration of a divorce after the family court has granted will be considered as a step that doubts the integrity of the court.
Even in other minority communities of Christian’s and Parsi’s and for the inter-religious marriages comes under special marriage act and divorce can only be granted by the court law under these circumstances. The importance of issuing registered certificates cannot be overlooked by the communities; these communities also have the benefit of out of court settlement.
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