Most of lawyers and judges believe that family laws in India are out of sync and in mess...
Those lawyers and judges, who have first hand knowledge of plight of litigants of family law, know how the poorly drafted family laws are operating on parties.
The objectives of family law are to determine legal rights of parties when disputes arise in family life.
But the actual laws are operating differently.
The mess in family laws begin when criminal law provisions are incorporated into family laws.
For example Cr.P.C. Sec.125.
It was intended to give temporary and immediate relief to a deserted wife, till their rights are determined in civil court.
However the operation of law of Sec.125 has become arbitrary after upper limit of maintenance which can be granted under this provision was removed.
Then again, there is serious ambiguity about grounds on which divorce can be granted to either of the party.
Fraud or hiding of true background of one party does not make out a strong ground of divorce for other party.
The law of adultery is also one sided.
Regarding Cruelty, there is wide difference in meaning given to it by Indian courts and foreign courts.
If cruelty is related to a state of mind, then there are problems about how to prove it or to disprove it.
Due to vagueness in family laws and delays, many couples are ruined.
Approaching courts, does not solve their problems.
Their problems and agony often multiply after they reach courts.
Haresh Raichura
1238
