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Tax4india ›› Indian Law›› Marriage & Divorce Law
Marriage & Divorce Law In India
The effects of the legislation that has been passed on this issue have been positively regressive.
The Family Courts Act, 1984 aims to ''provide for Family Courts with a view to promote conciliation in, and secure speedy settlement of disputes relating to marriage and family affairs''.
But while the aims may be laudable, the mechanics of implementation are not.
For a start, according to its own edicts, there's a judge responsible for bringing about conciliation, supposedly 'committed to the need to protect and preserve the institution of marriage and to promote the welfare of children.'
So already a position vis-a-vis the women has been taken.
Lawyers will not be ordinarily allowed, the proceedings will be in secret and once an agreement has been reached there will be no appeal.
Again, fine if you are a man. For the woman it means having to adjust to the current inequalities within the family.
Furthermore, private hearing ensures that there is no social protest irrespective of the severity of the crime. In effect even the police will not register cases of violence against women.
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