Questions regarding marriage & divorce?

Question

I have been giving reply to lots of questions regarding marriage, divorce & other legal matters regarding families etc. It came in mind to write a book regarding such issues with respect to legal aspects covering Indian marriage & divorce issues in particular. My purpose of writing this book will be to bring more legal awareness amongst the Indian people with regard to such issues & they need not consult any Lawyer/Advocate for such matters. This book will be written in simple English & explaining all the legal provisions with regards to marriage & divorce of Indian people irrespective of their religion or caste whatever is. What is your opinion about this? What all you seem should be discussed in such a book concerning only the legal aspect or even social aspect? Anyone like to be a part of this book along with me or contribute in it? Please give your frank opinion & no jokes for this very serious issue concerning all of us & our families.

Thanks for all such nice opinions, I want such opinions before I sit-down & start this work. At least such opinions will be in my mind will drafting this book. Please be very frank & give your real opinions even if they are harsh in nature I love to hear from all of you.

Mr. Khan are you answering my question or asking me answer to your question? All though the facts you mention here are not sufficient enough for reply in details as the facts about the marriage, religion of the parties, and form of marriage between them have not been mentioned. For any reasons taking divorce on basis of age difference is no ground for ground available under any matrimonial Act available in India. More over almost all Acts provide that no decree of divorce can be passed within one year of such marriage. Only ground for dissolution of such marriage within 1 year of such a marriage is by annulment of such marriage on the ground that consent of the petitioner for such marriage was taken by fraud or force. Hope this answer satisfies your query.

Answer 1

Questions regarding marriage & divorce?
.
A GOOD IDEA!.
The book will find acceptance by unfortunate people in need of such knowledge .
No book will be ultimate to the tricks and tribulations of marriage related problems but, it will prepare the unlucky partners to take wise decisions after a sitting or two with a legal experts like you and your colleagues in the related field as laws and regulations keep changing to the dynamics of the society, youths in particular.

People in general are lazy and they don't have the patience to sit and go through the book at least to the relevant chapters that are applicable to their problems. They feel it is easier to consult a legal expert as though they are going to get ready made solutions to their problems.

Therefore, your contention that once they buy and go through the book , they need not consult any legal expert is not very much acceptable .

My suggestions:

1)Make the book as compact as possible so that people neednot invest more money to buy and time to read.
2)Make more clarity by classifying the issues appropriately so that the book becomes 'reader friendly'
3)Make elaborate research ,study of the data in your possession and make it easy for the common people to understand.
4)Write the book in simple english so that anyone can understand the book by reading once with out the help of a dictionary , except for certain legal terms.
5) Take care to avoid errors in printing.(good and repeated proof reading is a must to make the book frre of mistakes.
6)Add some 'quotable quotes' to each and every chapter.
7) Add humour (the spice of life) where ever possible.
8)Add gist of the topic at the end of each chapter.
9) Add synopsis at the beginning of each chapter indicating what issues are being discussed in that chapter.
10)Add suggested solutions to the legal issues at the end of each chapter.
11) Add tips (do's and don't's) at the end of each chapter for future couples so that the book is useful to all categories of people , not only to failed couples.
12) One of the main tips: All people connected with making a marriage(the partners and their siblings,the parents and their near and dear ones including well wishers) must spend some time seriously in analysing the suitability/intellectual and mental compatibilty of the boy and the girl, their life style, ambitions etc before hurriedly finalising the partner for a marriage which is to last for 60 to 70 years and more with improved health care ,nutrition ,diet,exercise facilities etc.
A quote from 'Readers Digest' issue of June 2007 is very apt to be included here.

"IF I HAD EIGHT HOURS TO CHOP DOWN A TREE, i'D SPEND SIX SHARPENING MY AXE."

Note: I would be pleased to associate myself to go through the draft chapter by chapter including proof reading and offer my suggestions for improving the 'QUALITY' of the book in it's final form.

WISHING YOU GOOD LUCK !

Answer 2

Its a Good Idea!!

Divorce for Dummies!! - Should be the name.

On one hand its good to have such a book since as most common citizens very few know of the laws and the legalities. And with today's independence and equalities the moment there is the smallest difference people think of a Divorce and the moment they go to their relatives for opinons they get a basket full of advices they got to the lawyers they get another basketfull of advices and finally end up messing up the whole situation.

The Men's Folks and the Women's Folks litrally get into a lot of bad blood and kind of try to trample either party in all means leading to these cases being dragged for years and indirectly destorying both that Man's and Woman's life!!

There are lot of Divorces happenign across the globe but what %age of it get into the kind of bad blood or years to sort out like it happens in India. In India almost every Divorce gets into bad blood where after the Divorce the husband and wife have hit eachother soo badly that they cannot look eye to eye. And in the process a lot of Laws are Misused!!

This needs to come to an end!!

But on the other hand don't you actually think you are in a way directly/indirectly encouraging Divorce? - Breaking of a Family which is the foundation to any Society including the Indian Society?

Answer 3

I agree Vijay, it sounds like a splendid idea. I also agree with a few answerers too. Taking the legal aspect of the issue is well and good, but what about the religious aspect? Certain communities do not consider marriage legalities as important,(though it is) but religious marriages are most important. One other matter I'd like to put forward to you, is the fact that only people who are literate and who could afford to buy the book will have access to information. What about those in communities who really need it more than others? How would vital information reach those? Most people are stuck in unhealthy and unsafe marriages because of no access to proper legal and affordable guidance.
Also understanding legal language is difficult, it's always this act and that act of some prehistoric year. That's difficult for people in softer communities to digest. There are so many different reasons why people are in the situation theyr'e in. Will you have answers for all? I have a few ideas.

Answer 4

The law on marriage & divorce is made for women and men today are very much aware of the fact. Even the courts have noticed the misuse of the law and have reacted to melafiede petitioned filed by women & their families.

The best thing would be to write the the book under the headings.
Law on Marriage and divorce
Act
Interpretation in simple language
Clause
Interpretation
sub clause
Interpretation
Ammendments
New meanings & implications interpreted
Impact of the clause on Hindu Marriages
impact of the clause on Muslim marriages
impact on others
Misuses possible
Misinterpretations possible
Disadvantages to victims under the clause
Precautions we should take while marrying or living a married life
If required, why & how law should be ammended to prevent misinterpretation & misuse

Answer 5

Yes. Although annulment would be necessary if her first marriage was considered (by a marriage tribunal) as vaild, even though it was not Catholic. She will also have to undergo RCIA classes. This is the Rite of Christian Initiation for Adults, into the Catholic Church. This process, whereby she would be elected to become a "catechumenate" begins with the Rite of Acceptance, usually around the 1st Sunday of Lent, and culminates with the sacrament of initiation at the Easter vigil (Holy Saturday night before Easter Sunday). She'll need a sponsor for this. You sound like the perfect person to do this for her! BTW Valerie - The Church does indeed recognize matrimony outside of the faith (and those married non-Catholics are not pre-supposed to be living in sin), but just not as the sacrament that it is. A valid marriage would have to be annuled even though it is almost certain it would be granted, it is a matter for the marriage tribunal to evaluate the validity.

Answer 6

I think it would be a great guide, but at the same time, I don't think it should replace the advice of an attorney/advocate. It would be impossible to cover every single situation, since everyones circumstances can very, even if it's a slight variance, it could make a huge difference in the outcome of the divorce. But it would definitely be a helpful guide, so go for it.

It would sort of be the same as the book "What to Expect When Expecting" for pregnant women. It makes a great reference book, but it doesn't replace the services of a physician or midwife.

Answer 7

The marriage is the word which makes two people do anything for each other and always be with their partner in any problem of the life. There are many misunderstanding between the husband and the wife that create the problem in their marriage. They tried many times but not analyze the reason of the problem in their marriage.

Answer 8

my friend got marriage just after 15 days she want divorce .is it possible to take divorce in such less time ,otherwise she will commit suicide.when asked for what reason she tells age difference and misunderstanding . how can she take divorce on legal grounds

Answer 9

Such a book is most time relevant. I have gone through many of your answers and I am confident of your competence to write the book. Please touch all aspects including case histories. Please show your printout to some good publishers with good sales outlets all over the country and in parts of other countries where Indians live. I have observed your mindset and I am sure it will be priced reasonably so that it is accessible to all. I would have very much liked to be a part of the mission, but I never had any experiences of friction in my married life. You think very rare! True. I book one copy in advance. Best wishes for your dream to come true to the benefit of all. lileeann33

Answer 10

good subject for a book. u should definitely discuss social aspect cuz we live in a society where divorce is frowned upon at a higher degree than in western countries. if u r confident that u will please every religion by doing this i think you should consider this thought, how each religion sees marriage and divorce compared to a common law in the constitution. is common law needed or different laws for different religion? BUT THEN AGAIN YOU SHOULD NEVER TAMPER WITH RELIGIOUS PRINCIPLES.