Divorce

Divorce in India
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India is not a true democracy. In a true democracy the freedom of individual is not curtailed by the government. In India the government assumes the role of regulator of the life of people in the name of dispensing justice. Let us take the case of Marriage and divorce. A man and a woman are married. Due to various reasons one of them wants divorce of the marriage. It is not the job of the judiciary to find out why the divorce is sought. Its responsibility is only to see that the other party is adequately compensated for the by the one claiming divorce. It is not the job of court to find out why one party wants divorce because the petitioner gives the reason in his application which can be accepted on the prima facie basis so long it is not a character assassination. In cases where the divorce is sought due to any reason other than the character of the partner the divorce can be granted straight away imposing a conditional financial compensation depending on the income of the person claiming divorce till the other person is re-married. In India the Judiciary undertakes to see if the marriage is re-workable. This is absurd and not the job of the judiciary. It is imposition on the free will of the individual. It has even gone to the extreme limit where the honorable justices have observed that the couple will have to live with each other irrespective of the relations between them. On the top of this the Government boasts that the number of divorce cases in India are very few compared to western countries! There cannot be a greater fraudulent claim than this in the world. When an individual is put to enormous expenditure and mental strain and wastage of time by the judiciary automatically people will hesitate to go to the court. Under the constitution men and women are supposed to be equal yet when it comes to divorce women get greater advantage than men and they take the opportunity to harass the male to extreme limits for seeking divorce from a demon of a wife. Can anyone tell me why the government of India is so foolish as to decide what should be the role of the husband in marriage when the responsibility of making a marriage work rests equally on both parties? The day the government decides that it is not its duty to make marriages workable we will become a true democracy and thousands of cases pending in divorce courts would be liquidated. In a country where thousands rot in prisons without even a charge sheet filed against them how can we expect any justice to be done?