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Damayanti (Unemployed)     04 February 2011

Judiciary has stake in 'Sustenance of Inst. of Marriage'...?

It is written in some judgements that Judiciary has stake in 'Sustenance of Inst. of Marriage'.


Where in the law it is written so?


I am reading on 'no-fault divorce in western countries.


The judiciary there does not attempt to reconcile because there is no point in it after having such a law.


No-fault divorce doesn't leave any choice to other party to oppose whether innocent or not , whether wants to save marriage or not, irrespective of years of marriage/no of kids/dependents/irrespective of the problems which may not be eality solved such as time lost and something which can't be compensaed by money as also such as stigma/esteem/age/uncertainty etc.


No-fault divorce inclusion was treated as making all govt permanent temporary all whether they have served for 20-25 years already or not...and anybody would be dismissed from job at any time!!


 7 Replies

Damayanti (Unemployed)     04 February 2011

Finding are that ...

IT Lowers a dependent wife’s living standards (irrespective of compensation and alimony....wives don't get fare is just on the paper even over there!!)  because she no longer has grounds to argue in her defense.

Her husband can choose to leave her and 75% of the time the courts will not enforce any spousal support. Since the mother gets custody more often than the father this also means a lower standard of living for the children.

2 Like

Damayanti (Unemployed)     04 February 2011

Once upon a time there in western countries,  the Family Court's allegiance/stake was with the institution of marriage, it is now with the institution of divorce.


Family Courts used to put effort into protecting the sanctity of marriage.


Now the main concern is to make divorce quick and easy and get it off the docket.



After 'no-fault' divorce was included in their laws...the new married couples are choosing to begin their marriages knowing they may one day have to deal with no-fault laws and hence since they know from the beginning they are OK with it.



But it definitely created a termoil to those already married!!! Because there sudden change in the rules of the game in midway!! Duckworth Levis like amendment was introduced in divorce laws there and for innocent wives (and some innocent husband also it became like a lost match as asking run rate was 100 per 1 ball !!

1 Like

Ambika (NA)     04 February 2011

How beautifully expressed!

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     04 February 2011




Roshni B.. (For justice and dignity)     04 February 2011

i agree wid u damyanti,as i too dont support IRBM,for it may give a licence to cunning spouses to break the marriage at the drop of a hat.


actually we indians are a bunch of nakalchi bandar(aping monkeys).

we simply copy everything from the west including laws,without applying our common senses,if at all we have it.

we dont even predict if such laws will work in india or not.we fools have mixed constitutional rights with doing whatever we want,including adultery.but we 4get that constitution also talks of fundamental duties.and hence,we frown upon judges who are strict with erring spouses by saying "they are doing moral policing".

this reminds me of some friends who were making fun of pakistani TV programmes and their actors,which were largely copied from indian TV programmes.they ridiculed at the way they copy our talking style,presentations etc.,not realising we too do the same,ie,copy the west

we feel that the west is highly impressed with educated english speaking indians but in reality we are fools in their eyes.this i am saying since i have read so many such blogs,discussion forums and you tube videos where 95 % foreigners are abusing and poking fun at indians for trying hard to copy their american accent,movies,dresses etc they all say that we have no identity of our own,because we were and will always be slaves to the english culture.and they have a point.

1 Like

Avnish Kaur (Consultant)     04 February 2011

yes judiciary has a stake in both marriage and divorce.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     07 February 2011

Certainly all the laws have been blindly adopted by the India  and all these biased laws are responsible for breaking the families. 

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