Divorce court proceedings are most cumbersome and humiliating (Magazine ‘Cover story’ – “Divorce vs Sanskar”, November 5). In addition to the involved legal nuances, an increasing number of couples opting for divorce is worrisome. That in some cases child custody is also involved makes the proceedings theatrical. The unyielding nature of the parties to matrimonial disputes only prolongs the proceedings for a divorcee who often spends the rest of his/her lifetime with a disadvantage. Constitution of special courts has eased the situation only marginally. Courts are not blameworthy as no two cases are identical forcing the courts to take a fresh look in each case. It is also a sad commentary that some of these special courts are without judges. The observation of the writer that delay and number of adjournments work in favour of fee-charging lawyers is unwarranted. Free legal aid services is available and poor litigants can avail of them.
V. Lakshmanan,
Tirupur, Tamil Nadu
Divorce law has remained static, while societal norms and practices are undergoing a great metamorphosis. The delays, intentional or unintentional, caused by one or the other litigants, in divorce proceedings, impose avoidable mental tension on the aggrieved party. When a case drags on for 10 to 12 years, the resultant agony is as much or more than the agony the aggrieved party would have undergone in the marriage. Thus, divorce laws need to be changed in tune with the modern era.
First of all, the system of referring the couples to a counsellor for reconciliation should be dispensed with. The ‘sanskari’ counsellors, in general, tend to be paternalistic and biased with the assumption that they are the sole protectors of culture, irrespective of the torture the woman has undergone in the marriage. Reconciliation may be resorted to only when both the parties involved agree to it. The 2013 Marriage Laws (Amendment) Bill introducing ‘irretrievable breakdown of marriage’ as a ground for divorce should be revived and passed.
The judges should not wear the cloak of culture and decide the cases purely based on facts. No woman should face a question such as the 55-year-old home maker cited in the article: “You have lived most of..., why can’t you spend the remainder with him?’ Why should a mature individual, with the experience of living with her husband, face such a frivolous question? She presented her case with grounds for divorce and should be granted one as per the law, with no extraneous questions asked.The predilections of the judges should play no part in deciding a case, especially divorce cases, where the parties approach the courts for divorce after exhausting all other options and they know what they have undergone and what they are doing.
Kosaraju Chandramouli,
Hyderabad
According to a study in the U.S., women are twice as likely as men to file for divorce. The reasons may be varied. Domestic violence may be one of the driving forces. In fact, in the past, women were subjected more to domestic violence than now. Yet they hardly asked for a divorce. Now, parents hardly advise their daughters to adjust and take forward the matrimonial bond till the end. Divorce should be the last resort. Seeking divorce even for small differences within the family are unfortunate.Men and their parents also cannot abdicate their responsibility in keeping the marriage intact.
K.V. Seetharamaiah,
Hassan, Karnataka
