Family Matters!

One of the important aspects of our life is our family, which is everything for us! We grow up in the warmth of our parents. For the initial days parents means the world. Swiftly our world changes and we start looking towards some new warmth... Accordingly we get acquainted with new friends and lot of people and one day knot the relation with the opposite sex and get united in new institution. Such marriage institution is the base of the Indian society. This institution of Marriage is known since ancient period. In Hindu culture it was one of the pious obligations of every person. Moreover, the wife is called as ardhangini of her husband.

So far as concerned to the Hindus the concept of divorce were not in existence at that time. It was introduced in British period. That was one of the good steps towards liberalization. Accordingly Hindu Marriage Act and some other legislation were introduced and the law relating to marriage was codified. Formerly the divorce system which was introduced was seen as symbol of liberal society. After 1990 Indian society become more liberal and now moving towards Individualism. Of course the effect of such transformation is affecting to the Marriage Institutions. Once Lenin also planned to dissolve all institution of marriage in Russia as there was no recognition to the private institution in communist ideology but when he come to the power he realized that if there is no such institution then people wont be tied into any personal obligation which ultimately cause to the people becoming irresponsible and one day society will collapse. So He dropped the Idea.

In case of India, We have many marriage laws which deal with respective religion's matrimonial issues. Formerly these laws were enacted to preserve the institution of marriage but now it becomes the tool to dissolve the marrigae. Today there is huge backlog of Divorce cases and relating family disputes. The cases are pending before the Hon'ble courts in throughout India. In 1984 Family Courts Act was enacted to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. Under this Act it is made mandatory to the family court that endeavors shall be made to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit. For that purpose and to exercise the jurisdiction more effectively provision was made to appoint marriage counselors and enabled the family court to take help of NGO's and other social organizations (Ss.5 & 6 of Family Courts Act, 1984). The state governments implemented these provisions with the consultation of the respective High Courts. Unfortunately, still the settlement of disputes does not arrive in number of cases. As a result of it the institution of marriage does not survive. Then the case may remain pending for several years. Parties suffer from the mental disturbances for a long while...
Why? Is there solution?

One may say that they may obtain divorce just by mutual consent. Of course in exceptional cases parties may avail this remedy at earlier stage. But, most of the family disputes arose from suspicion, lack of trust & confidence and from small-small allegations. In such a situation, what is required is the counseling of the parties. After the conciliation one has to go one step ahead and one has to put one step back. But parties prefer to file divorce petitions in court of law. Then the smart lawyers on the instruction of the client put such allegations on record as it likely to light up the fire between the parties. Judges records the pleadings of both the parties and take the evidences on record and after hearing pronounce the judgment.

Ultimately aggrieved party prefers the appeal in Appellate Court against the findings and order of the lower court. Such appeal lies directly to the High Court. Once the appeal is preferred the dispute remains pending between the parties. Even if they feel to get reunited the averments and allegations keeps them reminding and then there soul does not permit them to do so. In fact, at this juncture the real conciliation is required.

It is suggested that some elderly person who is learned lawyer, acquainted with social work and interested in to preserve the Indian family system and must be a good conciliator, may be appointed and endeavor should be made to the amicable settlement of the dispute at appellate stage also. Because it is the perfect stage where all allegations, facts which are proved and disproved are available to the conciliator which facilitate him to change the views of the disputing parties and solves their problems.

Is it possible to do so?

Of course this is possible, either by way of amendment to the Family Courts Act or by using the inherent power of the Ho'ble High Court under section 151 of the Civil Procedure Code, 1908 and under section 21 of the Family Courts Act. What we required is the willingness of public at large.

While concluding I must remind you that it is our fundamental duty under the Constitution of India - Art.51-A
(f) to value and preserve the rich heritage of our composite culture; and
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement;
which includes to protect and preserve the family system in India because Indian Culture lies in the unity which emanates form the joint and nuclear families.