The Apex Court issued directions to all courts dealing with matrimonial disputes to settle all such cases at first instance through the process of Mediation. However cases relating to Divorce by Mutual Consent, 498A and its misuse, Domestic Violence, Mental Torture & Harassment by spouse are happens frequently. Hence Alimony, Maintenance & Child custody are consequences. Restitution of Conjugal Rights also tries to reconcile in some cases.
Section 498A IPC was specifically included in 1983 to protect women from cruelty and harassment. It has also its flip side. The Supreme Court said false complaints under Section 498A of IPC against innocent in-laws alleging cruelty and harassment at matrimonial homes were increasingly making the husbands adamant not to take back their wives.
Misunderstanding are devils of happy Marital Life. Sometimes one of the Partner does not cooperate. How can one legally settle disputes.
Parting is always painful. Stillin this way you not just save time and money but also do not lose respect in front of relatives and the estranged partner as its mutually agreed divorce and no bitter feeling. It saves a lot of time, money and reputation.
Obvious consequence of Divorce. But they are the pivots of separation. Hence can not and should not be ignored of delayed. For instance, child care, alimony to wife, litigation expenses, etc. should be settled long before the actual filing for divorce to avoid any issues later on.
False allegation are rampant these days. These malign the reputation of innocent party in society. The abuse of 498A is also condemned by Supreme Court. The same can be defended properly to stop the abuse.
Often the emotion and less knowledge drives us towards future tension. There are legal and clear ways to Adopt a child.
The painful parting often are multiplied by the long litigation time, wrong guidance and unnecessary cost which can be avoided if the clarity of Process and Legal Knowledge.
In most Divorce cases the Mental Torture & harassment by one of the spouses are very common in our Indian society. Proper Legal Counseling and Proactive Protection by the innocent party can save a lot of hardship.
If spouse has left without giving any reasonable ground, there is a remedy in the form of restitution of conjugal rights. The same has some preconditions. However this often gives room to reconciliation and saves a marriage.
Apart from Mental Agony the financial obligation often creates stress and the same is decided on various parameters and the interpretation of the law is changing over time based on the socio-economic conditions of the effected party.