Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous1 (fjslfj;)     30 October 2010

Divorce

A general question.

 

Either of the spouse is not interested to continue with the marriage hence files a divorce. Whatever be the cause, once a divorce peitition is filed, one person is no more interested to live with the other person. Why are courts spending a lot of time tyring to reconcile between the people. Whats the point in forcing them to live togather. I have read few postings stating that courts consider marriages to be sacrament. For that matter, everyone considers matter to be sacrament. But in reality, considering a thing sacrement is of no help when there would not be anymore integration of  souls & heart.

 

People might argue saying time would resolve everything. But spending time in litigation will never solve anything and will only result in more hatred and frustration.

 

If a person files a divorce petition in haste, at least from my perspective, the only thing that needs to be decided is on the maintenance and nothing else.

 

Thoughts are welcome.



Learning

 4 Replies

Anonymous1 (fjslfj;)     30 October 2010

 Please read the penultimate line as "If a person files a divorce petition, at least from my perspective, the only thing that needs to be decided is on the maintenance and nothing else".


(Guest)

The law is divorced from common sense. The purpose of courts and lawyers is to create extreme and prolonged misery in the lives of the disputing parties and make some money in the process.

Jamai Of Law (propra)     30 October 2010

If "Either of the spouse is not interested." then that very fact the spouse should convince to the other marital partner amicably.....and resolve the outstanding .........agree to the concerns and terms of the other spouse and then one should come to the court alongwith the other spouse carrying a joint Mutual Consent Divorce Petition.

 

In that case the Hon Court only verifies that 'it is really a mutual consent in a real sense, although it has a shade of out-of-court settlement" and then the Hon Court grants it (The Hon Court can not deny the decree. It is so straight forward) Only thing that spouses need to bear is that .....This verification is time bound process but certainly not a perpetual thing.

 

 

This is the scenario which is envisaged by the ligislature while bring the Mutual Consent Divorce provision to the Hindu Marriage Act to bring a contractual element to hindu Marriage which is otherwise treated as sacrament.

 

 

Lawyers help in this whole process....for spouse (both) to come to terms and achieve win-win situation.

 

 

Contested Suits are bound to have no time bounds. 

 

1 Like

jaspal (tbe)     01 November 2010

 

Respected Sir / Maam

I am married in the year 2008 ,but after marriage my life become ruthfull  i cant spend a single day without tension my wife told me that shes have an affair before marriage  and where ever we go she just keep on talking about her past love only.

she also keeps on fighting and fighting and after 15 days of marriage she went to her home and demanded that she needs a gold chain which i reported to her parents and at that time her parents also fought with us .

Then i along with my parents went to her house where again her parents fought with us  and then  i came back to my home along with my spouse .

But after again 15 days her parents filled her M.Sc form and again take her back and after 15 days i again went to her home and get her back to my home .

And again after 2 months her parents fought with us and demand all gold items from us which i refused but her parents came and again took her back along with gold chain from us on 22 oct 2009.

Now one full year has passed shes not coming back even her parents also fight with us and in front of our   beradari  the girl refused to come back .

And now after one year passed and there is no hope of compromising please advice me how can i get divorced from her.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register