Wednesday, 21 October 2015

No more Divorce - Mumbai family court

Think before filing Divorce Application

Living together after divorce is heard and seen of in Bollywood but it is not so the case in real life. At the same time before divorce, everyone has the right to take back the divorce application and the law appreciates this step too.

Divorce is no good to anyone. People think that by divorce they get to win but it is not so the case. Many marriages in which there are problems do the individual problems finish after the divorce.

Mumbai family court is known for its positive attitude and a new concept regarding joining the couple back and not emphasizing on break up or divorce. A family court in Bandra converted the atmosphere of court from negative to positive and like a form of event or gathering and thus the couples feels positive about their relations again. Around 100 couples changed their mind here and saved their marriages.

In the case of Suchita, the couple decided to get divorce after 8 years of marriage and a child. The main problem being that the husband wanted to live his life on the ancestral property only and did not want to work. Therefore, the wife had to ask money for everything from his parents. This created rifts in between them. In the end, being a professional commercial artist the wife started her own studio in her in laws house only and soon she succeeded in her work and started earning her livelihood well and thus saved her marriage with her decision of staying back and working from her husband’s ancestral home. 

In another case, a diamond merchant had decided to divorce his wife who was middle school pass. Then the wife relocated from Gujarat to Mumbai opened her own Tiffin center and challenged the divorce petition. After three years of long process of court when their divorce papers were finalized they both decided to meet each other without distraction before signing the papers for 2 days and in those two days both of them recoincilated and took away their divorce petition And save their marriage. 

A wrong notion in the society is that once a divorce petition has been entered in the court it cannot be taken back which is very wrong. The prosecutors and lawyers etc should be the ones to make people more aware bout their rights. 

The petition to take back the divorce petition can be submitted to the family court. Once it reaches the councilor then both parties have to make it evident before the councilor that they both are ok with taking away the divorce petition and this is done to safeguard both of them and to see if anyone is doing this under pressure. Then this petition is sent to the judge and he/she gives the decision in one day or decree. Everyone including the judge and councilor are always in favor of making people realize as to not break their marriage in India.

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