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Sycorax Juris   24 January 2018

Matrimonial dispute settlement by arbitration

The couple are married for the last 7 years. The marriage was under SMA, and before the marriage they entered into agreement that their marriage dispute will be settle only under Indian Arbitration Act, to avoid public mud slinging game in the court. Dispute arose over wife's infidelity, and now wife has filed for divorce in family court, and it is objected by the husband as per their marriage agreement. Is family Court competent or it can be setteled only by arbitrators. 



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 19 Replies

N.K.Assumi (Advocate)     24 January 2018

When the law says that a particular subject matter shall be done in a particular way, it should be done in that particular way and manner and no other methods should be adopted however noble it may be. Spouses cannot make their own law departing from the mandate of law, that being the oft quoted rules of interpretation, the Family Court will govern the divorce petition filed by the wife, who loves Kamasutra.Better instruct your client to allow his way ward wife to have her own way and he his way, without washing their dirty linean before the public..

Vijay Raj Mahajan (Advocate)     24 January 2018

The terms and conditions in an agreement between parties before marriage to settle their dispute through arbitration only cannot stop either party to move their dispute in the Family Court which has jurisdiction to entertain and decide the matrimonial disputes under the Family Court Act.

The real intention that one can assume was that the parties wish to resolve their dispute amicably not entering into unnecessary litigation. Keeping this in mind you should understand that the Family Court is best forum to resolve the matrimonial dispute amicable as the attached Mediation & Conciliation Centre will be where parties will be sent by the Presiding Officer/Judge of the Family Court to settle their disputes amicable, enter in to agreement to either continue their marriage or dissolve it by mutual consent after resolving all issues like permanent alimony and maintenance, child custody and visitation, property distribution between both and any other issue that need to be resolved.

The Family Court presiding officer/judge too is assigned the pertinent job to work out the marriage differences of both parties in an amicable manner either in open court or in their chamber, so that is second avenue where the matter can be resolved if it fails in the Mediation centre by chance.

The out of court settlement of dispute can also be worked out by private Mediation and Conciliation Centre/Network by availing the services of experienced Family lawyers and counsellors. I’m member of one such Network and providing the conciliation services for Family Dispute matters.

You must avail the service of experienced lawyer who is dealing the Family Matters so that amicable settlement can be worked out and to avoid unnecessary litigation that is considered as birth right of most lawyers in litigation business.

 

TGK REDDI   24 January 2018

Agree with Shri N. K. Assumi.

Dispute over wife's infidelity.    Wife files for divorce.     Strange.      Husband objects to this.    Stranger.

TGK REDDI   24 January 2018

When I was typing my above reply, the reply of Shri Vijay Raj Mahajan was posted.

In my poor opinion, Family Court has no jurisdiction.    This case is not covered under Section 7 (1) Explanation of The Family Court Act.

N.K.Assumi (Advocate)     24 January 2018

TGK REDDI SIR, the post of sycorax or airel, reminds me of Pretti Zinta movie, where she got pregnant and dubed by her boy friend, but her lover continues to love her. Just a Jug Head husband, trying to hide his wife's sin, sticking to arbitration proceedings.

Sycorax Juris   24 January 2018

Thanks to all for clearing my mind. Assumi Ji, not airel but sycorax ok?

N.K.Assumi (Advocate)     24 January 2018

Oops! sycorax, sorry again for airel. But you see, my late Mother and her friends were illeterate, but they can distinctly spell out "Special Song", reasons, in their youth they used to sing in the church as a special song. They were so used to the words "Special Song" they cannot used special or song alone and either special or song they used to utter "Special Song" for both, even in testing curry they used to utter special song meaning special curry. Likewise, I cannot just use sycorax alone or airel alone. I hope you will understand me..


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