I am not sure about provision. But a week ago, a husband in a divorce ongoing case sought advice on phone. I suggested him to make an application to Judge that now at this stage he wishes to solve dispute amicably through mediation.
He did make application. The Judge halted on going evidence and adjourned the case. The parties are now in process of settling their dispute amicably.
I think a clarification is necessary by superior courts to make mediation possible at any stage in a family dispute case.
Father said, “I have spent 10 lakh rupees on marriage of my daughter seven years ago. Now there is a dispute. Daughter wants divorce, my son in law is ready to give divorce but is not willing to give a single rupee to wife. The cases are going on.”
I said, “Forget about your 10 lakh rupees marriage expanses spent on marriage of your daughter seven years ago. Look to the future of your daughter. Let them be divorced and start a new life. The valuable years of your daughter are passing by everyday in these court cases.”
I am not sure whether I gave them right legal advice. But I did tell them what I truly believed.
This is perhaps the same story visible in most marriage related cases.
There is a law that a Divorced Wife is always entitled to ask maintenance under Sec.125 till she remarries. There are judgements that court can override unfair compromises and decrees when wife files a plea for maintainance under Sec.125. There is one such judgement of Gujarat High Court. And perhaps other courts also.
Perhaps more litigants should know this Right of Divorced Woman.
Shocking Case of Cruelty to Wife ….Silent Cruelty which cannot be proved in court…The wife inching towards suicidal mode… Helpless parents ….
Heard about a case of cruelty to wife..
Marriage was arranged by family.
Wife was doing job. Husband asked her to leave job. He thought that wife may have pre-marriage friends.
After marriage, husband asked wife to find a job. She applied to several posts. Could not get job.
Cruelty begins. Husband neglects her. Does not look at her. Does not take her out on Sunday. Sister in Law continues to taunt her daily. Father in Law also insults her.
She weeps on phone to her mother. Mother says do not weep to me, I am also a heart patient. She asks her to bear for awhile.
So the cruelty continues…
There is no role of lawyers or judges as yet… Because no case is yet filed.
The Court Supervised Mediation Centres probably take up mediation cases only when a case is filed.
Perhaps, such mediation centers can also take up such pre-litigation disputes also ! 🙏
Perhaps it can be made more easier to reach to Mediation Centers by such wives….🙏
Till then we can only pray to God that their marriage life will improve with passage of time.🙏
Law about Delays in Filing Appeals in HC & SC due to mental depression and other conditions..Many times more than 2 years delays… ..
The courts are generally inclined to do justice to parties instead of throwing their appeals on technical grounds…
But many times, after losing a case, a client goes into depression. He loses faith in justice. He recovers from such depression after 2 or 3 years delay… And then he comes to file appeal. Here we have problems. Usually there are no evidence of depression because litigant may not have taken treatment… Then how do we convince courts that litigant was prevented from approaching court due to sufficient cause of mental depression?
Recently SC issued notice in case of physically handicapped person even if he had approached after 4 years delay….
Lord Denning in one article said that Delay should be counted only when a person has capacity to file appeal.
In cases of Depression, a litigant is incapable of taking decision to file appeal.
But question still remains, what evedences should be produced to prove temporary mental illness?
A newcome young lawyer from a District Court wrote to me as under :
“I gone to many advocates…but..they ignore me..nobody help me…sir..
No one want to help the NW comer…😟😟”
“The story is same all over India.”
🌼 Sometimes those who fight a legal case… all alone, are rewarded with a beautiful resort place within a forest….
The Case: Government issued a notifications declaring a large area of land as “Forest Land”…
Many owners of land in this notified area were affected… Most of them did not fight.
One person decided to fight. He met a lawyer. He questioned and challenged the notification.
After many years, High Court accepted his case and the notification was set aside and declared illegal.
Government came to Supreme Court against High Court order.
Supreme Court clarified that notification is set aside only for the one person who challenged the notification.
It means that those who did not came to fight legal case, will not get any benefit.
So now in this large forest area,…. only this one man’s land will be his own…. He will probably built there a tourist resort … 🌼
Many years ago, I met a highly successful lawyer in Ahmedabad. He was a very very busy man.
His wife was also an advocate but she did not practise law.
One day he told me this.
Very early in their life they divided work.
Life of a lawyer is a very very busy life. Many times he does not even get time to attend marriage functions of relatives or such social obligations.
And if he does go to such social events, some of his clients and his work was bound to suffer.
So they decided in this way.
The husband will fully focus on legal work. And wife will take care of all social obligations like going to marriage functions of relatives, meeting relatives regularly etc.
As a result, his life got a balanced profile.
Neither his work suffered nor his social obligations to relatives suffered.
Haresh Raichura 14/10/17