Expressing concern over an increasing number of divorce cases flooding the courts, the Supreme Court observed on Tuesday that the Hindu Marriages Act had done more harm to the family system in the country than strengthening it.
The apex court regretted that the growing number of divorce cases in the country was having a disastrous effect on children of families which get broken in such a manner.
Enacted in 1955, the Hindu Marriages Act which had undergone several amendments till 2003 contains various provisions for validity of a Hindu marriage, restitution of conjugal rights and divorce, the latter being a concept evolved from the English law.
The apex court passed the observation while dealing with a petition filed by a divorcee for seeking his child’s custody. The apex court told the separated couple that it was more concerned with the welfare of the child, rather than the mutual recrimination between the two.