How can laws improve matrimonial harmony?

 @ Author

1. When you got married did you seek leave of the Court means did you took permission of the Court? Mind it, you here is generic. Remove interference of Law into matrimonial affairs of spouse you will see family harmony around.


2. Make ALL Family Laws in real sense "gender neutral". In 1 month fear and or to teach a lesson and or frantic filing of cases which later results into large no. of acquittals will vanish.


3. Make Divorce "no fault" based. In 1 month you will see young and old spouse walk away amicably.


4. Raise Court Fee equal to "alleged income of husband by wife" proportionate too and subject to refund by Court in 1 week as per due process if proved by wife. Afterall a wife is required to know her husbands income otherwise what for she is pretending to be wife of falane ram! In 1 month you will see drastic lowering of filing of various sundry "allegations" based Family Law cases filing. 

5. A couple with kid(s) when approach Court for divorce make it compulsory to institute the Kid(s) in meaningful Govt. facility At Par with world class standards irrespective of poor / elite class family coming kid(s) i.e. take kid(s) away from divorcing couples range of litigation(s). In 1 month you will see spouse thinkign hundred times to approach court when they have kid(s).

7. Make uniform Advocates fees policy for Family Law suits.

BTW, when you bring LAW into four corners of a bedroom, the masala of courtships comes into general scrutiny / purview so never include LAWS to settle "too personal" issues that is where sense and sensibilities of a couple comes into presentation, but then it is too sensitive and too personal a genetic issue of two diverse gender personalities which only GODS holds key to settle so allegedly.

Its a known fact that marriages are made in heaven but end in courts.

In the case of matrimonial litigations, the point to think is "who gains ?", "Which family benefits ?", "Which law is intended to PRESERVE family system and harmony ?"

It is a fact that after the popularity of these 498 A and DV Act, even couples who had minor misunderstandings could not reconcile and both of them ruined their lives in courts for years. Even in the end, they separated. HAd they done that before, both would be happy married again by now with a more compatible spouse ?

When its a MCD, without any expectations from each other, no one keeps hard feelings about the other. If there is no attachment left, there would still not be any hatred between the couple. It has been observed that the couples who separate this way, at times even become friends later and even get married easily to the one they are compatible with. In such cases, the children enjoy the company of both mother and father as they are not instigated against either of the parent.

While in case of litigations, be it maintenance cases or DV Act or 498 A, the lives of the hubby and wife are ruined. No matter for some time the wife might feel empowered, but the society which knows that she had sent the in-laws to jail or troubled them with false cases, does not accept this woman so easily.

Ultimately what ? After years of litigations and troubling the in-laws in courts for years, what does the woman gain except money ? And who has been able to carry this money forward to the next birth ? Is this life not the only opportunity to live, work hard and die with respect ?

As we all know, there IS no law as yet to PRESERVE FAMILY harmony but there are loads to destroy the same ...
Now coming back to your question, well, laws, even according to the above, cannot improve matrimonial harmony.

The only way laws could improve matrimonial harmony, is by keeping away from the MATRIMONY :) :) :)

THERE IS NO CHANCE IN THE EXISTING STRUCTURE.

CULTURE HOLDS A SOCIETY NOT LAW.

WE DESTROY OUR OLD CULTURE BY APPLICATION OF LAW.

THE OLD CULTURE CREATED  HARMONY, IN IT'S OWN WAY.

IT MADE THE WOMEN SHADOW OF THEIR HUSBAND.

SEPERATE EXISTANCE OF A  WOMEN IN HER FAMILY IGNORED.

IT REPARKED, YEARS AFTER YEARS.

CONSTITUTION RECOGONISING THE SEPERAT IDENTITY AND EQUAL TREATMENT TO WOMAN.

PRESENT MATRIMONIAL LAWS ARE UNDER THE APPROVAL OF CONSTITUTION, WHERE WOMAN IS NOT A SHADOW OF HER HUSBAND, HAS  A SEPERATE IDENTITY,  OTHER THAN  IT'S  HUSBAND; INLAWS; AND  IN POLITICAL AND ECONOMICAL SPHERE.

CONSTITUTION AT PRESENT NOT SHOWING ANY INTEREST TO HARMONISE THE RELATIONSHIP BETWEEN THE SPOUSES.

IT IS INTERESTED ONLY ON THE RIGHTS OF WOMAN.

THERE IS A CONTRADICTION IN CONSTITUTION ITSELF.

@TajobsIndia,

Very well written !! I agree to all your points except below ( as i couldnt understand it fully )

Make Divorce "no fault" based. In 1 month you will see young and old spouse walk away amicably.

Could you please expand "no fault" term a bit ?

@ Never Give Up

1. "No-fault" divorce is a divorce in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party to the marriage, without requiring the petitioner to provide evidence that the respondent has committed "grounds" under which Marriage Act gives normal divorce such as HMA,1955 and SMA, 1954. Laws providing for no-fault divorce also limit the potential legal defenses of a respondent who would prefer to remain married. There is no mediation involved. There is no time wasting before one court and nother of either spouse.

2. In India "No Fault" divorce could be said is divorce by mutual consent where both the parties file joint petition in the family court & after a period of six months but before 18 months from such date of filing such petition they are granted decree of divorce. No other ground as applicable for divorce in their case is required to be proved by any evidence. [However recently SC has said there is no upper time limit to withdraw consent on a application of a wife -comment; well had it been application of a husband the Lordship would have given wife the divorce under Art 141 COI is my view]

Divorce by mutual consent requires the parties to have lived apart from each other for period of 1 year or more after marriage before approaching the court for divorce. In this form of divorce since the parties do not contest the divorce it is usually granted much quicker and since it by consent it is also not appealable in general.

3. However to enable spouse to enter into mutual consent all their egos (read as differences) shall come to zero then only it is possible. 


4. In western countires "no fault' divorce is in-thing as they know value of 'time read with money" that is also one of the reason "hourly billing" is charged by Attornies practicing divorce laws there !

"no fault" term

---   According to the theory of divorce; divorce broadly categorised as

(i) fault divorce - where one party raised complain against the other perty, against a fault of other party, like cruelty, desertation etc.

(ii) 'no fault divorce' - where no complain against one party by the other, but they decided or agreed to dissolve the marriage. at india mutual consent divorce is an example.