Court practice in divorce cases

The draft of the amendment that is going on now tries to cover men's dissatisfaction in the relationship. The illegal relationship of a man who is dissatisfied with a relationship is not going to be legally recognized in the name of women and children.

Bhadra 17, 2082

sabita bimali

Court practice in divorce cases

We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:

This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

After the news that a draft amendment to the Civil Code has been prepared to allow men to have polygamy, it has been strongly opposed in the public sphere. Now various committees and sub-committees have been formed to study the protest.

 

The law secretary's statement that 'If someone's heart is not in harmony with his first wife, he will have a relationship with another woman and if a child is born, if that relationship is not converted into marriage, the life of the second woman will be ruined, many women will end up on the streets' has spread more anger. If the establishment of the state is concerned about women reaching the streets, it is completely wrong to say that by doing violence to one woman, by trampling her self-esteem, by causing her emotional injury, justice is done to another woman . It only works to attack the self-esteem of both women. 

is really a relationship that doesn't work and doesn't last. If you don't agree, you should be able to separate according to the law. Staying in one relationship and having another relationship, one should leave the relationship with respect according to the rights given by the law.

When people don't agree, people can't stay together . Separation is better than staying together by poisoning the relationship and becoming isolated. Separation is better than dying in the name of relationship. But if we don't agree, the court won't accept it because we don't have a law that we can separate if we don't agree. To say that you are separating, you have to make accusations like beating, beating, having physical relations with another, not giving food, feeding, kicking out of the house, living separately for more than three years without informing me. . 

The question may arise as to what motivates a man to make another relationship without divorce. That is – property . Most men and families do not want to give property to their wives and daughters-in-law. A relationship with another woman is easier for them than sharing property. It is normal for them to play on the feelings, life, self-esteem of two or two women. Moreover, it seems that even the state is trying to be a helper by making laws. 

In section 94 of the Civil Code, men and in section 95, women can file a divorce petition in the court . But it can be seen that the court practice that is happening in our country only believes the divorce petition given by the woman .

Divorce by mutual agreement, which does not matter even if the complaint is filed by the woman, but no matter how much the woman complains, the divorce will be divorced and if the woman replies that she will not divorce me in the complaint filed by the man, the court will not divorce. . 

Most of the cases of divorce are settled without taking part. Amicable divorce is the easiest divorce. This happens the day after filing the complaint. Some people even take a break in such a quick way. Some write that the portion is arranged at home. Some write that they did not take it. Some write that they have to pay the court fee but have not received it. However, in the final settlement of many complaints, women are left empty-handed . Many of them may not even have a place to go back to when they leave after divorce. 

After the latest news of polygamy was published, a female journalist wrote, "You keep arguing with your wife with your sons ." I will give you the property of your share, what do you say to a man who is now marrying another man without taking any responsibility for his children, by pretending to get a divorce and taking something from his wife's name?'' She tells that she did not give any property or support after her husband cheated and divorced her. 

In fact, our practice is calling women to the court with a complaint . And the divorce required by the man is also registered under the name of the woman. When a woman stands up with a complaint even to our honorable judges, it will definitely be felt that there is something wrong with the man and injustice has been done to the woman . And then divorce happens. There is usually no divorce without the man being judged as irresponsible, cheater . For that too, the complaint filed by the woman is needed. 

Violence, injustice against women has been happening for centuries and we have become accustomed to seeing and hearing such injustice . We are not used to injustice and violence against men. We find it strange to hear such a thing . But men are also suffering from injustice in the relationship . The law has believed that men are also subject to violence, but in practice, the hands of our honorable judges are still working to convince them. Even the man who pleaded that I should be separated by giving the share due to the share did not get an easy way out . In this case, it is considered by the court that the complaint is not sufficient to write in the complaint. 

The draft of the amendment that is happening now is trying to cover men's dissatisfaction in the relationship . Illegal relationships held by men who are dissatisfied with a relationship are going to be legally recognized in the name of women and children. If so, shouldn't the state also address the dissatisfaction of women in relationships?

After the divorce, what should be done to those who walk freely without taking the responsibility of the children ? How many petitions have come to the court saying that the conditions have not been met according to the settlement agreement ? What will happen to those who do not accept reconciliation, settlement and court decisions? What happens to those who do not fulfill the responsibilities of the children according to the group? What makes the complexities of decision implementation easy? How can women's property rights be protected? When the whole state mechanism is being used to legitimize the extramarital relations of men who do not agree to marriage, should the state mechanism be used for the life of women and children after divorce or after the relationship has broken down or not? Why is it taking the state that only marriage covers a person's life ?

– Vimali is a lawyer .

sabita

Link copied successfully