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Jamai Of Law (propra)     23 October 2010

RCR, M. Consent Divorce(God intension but badly implemented)

Actual implementation of law  is quite different than what was envisaged while making the law in many cases. 

 

There is hardly anybody now a days who sincerely & honestly promotes and spreads the original 'essence and spirit' of any legislation and the intension and purpose of bring a perticular law.

 

After a law gets passed, people forget (lawyers make them forget) 'with what intensions' the legislature braught the law, n the first place.

 

The actual implementation happens in such a twisted manner and loopholes are misused and whole thing gets merky with 'caselaws' which rather confuse the whole intension of bringing the statute and hence many a times statutes become redundant and futile.

 

No law can achieve 'patch-up' of minds of spouses, forcefully vide a decree, in a the marriage which is on the path of break-up. 

 

At the max, the law can deny the the party who is taking advantage of own wrongs to walkout in 'fault based' divorce.

 

Though the intension of Mutual consent Divorce was completely different, people have started using that option as a 'mandawali' technique' to circumvent the trial on 'fault theory' . 

 

Lawyers send the notice on behalf of the party to opposite party which 'lists allegations and then followed by an offer to come forward for a mutual consent ivorce'!!! Is it not preposterous!!

 

Hence MCD is done more or less not by force but  by 'reluctance and helplessness' (tactfully and using delaying and harrassment techniques!! )

 

MCD has become a bargaining technique and .....

 

if bargain fails then people go to court.



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 5 Replies

Jamai Of Law (propra)     23 October 2010

If the delay (and delaying tactics) in judicial process were plugged, only honest and true  Mutual Cosent Divorce cases as envisaged by the ligislature wud have come forward.

 

There is huge delay in the whole judicial process which is denying the justice to each and every case.

 

When one party blinks or gives up, then only adjudication happens.....and neither on the issues  nor on evidence led and merits............ in any case.

 


(Guest)

the proceess shud be speeded up. courts shud work on weekends and in evening too to finish off pending cases . otherwise its wastage of time of parties and government  red tape interference in personal liberty of people.
 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     05 January 2011

EACH AND EVERY CASE SHOULD BE TRIED ON FAST TRACK BASIS AND SPECIAL COURTS BE CONSITITUED TO DPEED UP THE HEARINGS ON DAY TO DAY BASIS.

Avnish Kaur (Consultant)     06 January 2011

wen two parties are fighting to separate  how can they file mutual consent. its not ramrajya days and each person has his/ her own egos , thots , greeds to extract more money by filing false 498a etc. and desire to show other down.

so MCD is the only easy choice left as in fault based divorce the same judgement be reversed many times at each level so war of a lifetime.

Pankaj Raj (HR)     06 January 2011

Respected Sir
 

Court ordered - 2nd time  Ex-parte decree. she gone for an appeal after 150 days against the Ex-parte decree. Court dismissed her appeal.

In this condition, when can i remarry?

If i marry, is it eligible?

is there any possibilty for her to reappeal in the district court or High court? 
 


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