Amicable marital resolutions
Kumarsirik
(Querist) 16 January 2018
This query is : Resolved
This is a case of a friend and am writing on his behalf. I do not have maturity and competency to advice in matters where I lack information. Hence referring this case to learned counsels here. He seem to have marital strains 1 year into marriage. The girl is reported to be lazy and unwilling to take up any household responsibility. This friend of mine referred his concerns to his in- laws and urged that his wife's elders talk to her about her duties and responsibilities. In this context the girl was asked to stay at her maternal house for some days. Later, she refused to return to her inlaws house. I am given to understand that other than the above stated issue there were no major conflicts or quarrel. There seem to be a stalemate while the friend asked me if he can seek divorce. I want to recommend an amicable patch up through marital therapy befor esorting to legal measures such as filing RCR or divorce, as such adverse steps result in bigger battles that could jeopardize both their lives. Learned members may please advise, if counselling is an option, are there organizations that will help couples resolve differences? My friend is agreeable to this option. However, he is not sure whether his wife will cooperate and attend these sessions unless the organizations are legally empowered to bring them together for discussions.
Kumarsirik
(Querist) 16 January 2018
Earlier posted this as Anonymous.
Ms.Usha Kapoor
(Expert) 17 January 2018
You approach Lok Adalat. Lok Adulats are attached to every District court.If you could convince your wife to approach these informal courts they bring about rapprochement between you two within 1/2 an hour or 20 minutes with stamp and seal of Lok Adalat whose decree is equivalent to a c9ivil court decree under Legal Aid Authorities Act and binding on both of you.
Sudhir Kumar, Advocate
(Expert) 17 January 2018
Someone is sure to advise your friend to send RCR notice.
RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.
Thus forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.
Vijay Raj Mahajan
(Expert) 17 January 2018
Family Court formed under the Family Court Act,1985 are established for working out the marital dispute in an amicable manner and any matter with regard to divorce or restitution of conjugal rights or maintenance, child custody or guardianship filled by the parties are first referred to the Mediation and Conciliatory Centre established in the Family Court premises where qualified counsellors are recruited and assigned the job in settling the marital dispute between the parties in an amicable manner. The very first job is to reunite the parties to workout their marriage rather break it, all issues relating to troubled marriage are taken up by the counsellor with the couple and tried to be resolved. The issue of divorce comes only if there is no chance of amicable settlement to live together.
The second step is for amicable settlement for divorce after sorting out issues like permanent alimony and maintenance, return of all absolute properties of wife/her Istridhan, child custody visitation, settlement of joint property of parties.
Now with the coming up of Family Court and Mediation centre attached to it, the concept of taking the marital issues to Lok Adalat have come to an end. The Lok Adalat reference are made to cases which are already filled in Family Court and that too is on particular day when national or state Lok Adalat is fixed for all cases in the State or National level. In that case too the Family Courts presiding officers work as Lok Adalat judges for amicable settlement of marital dispute. If the direct approach is made to District level Lok Adalat by couple they will be told to approach the Family Court.
The husband in your case can directly file for RCR in the Family Court and the wife can come there with her defence. The matter will be referred to the Mediation and Conciliatory Centre for amicable settlement. The concept of giving notice by lawyer for RCR is no more in practise.
