Divorce for dummies - a guide

Hi excellent piece of advice and practical information. Can you please elaborate on the tricks used by husbands lawyer to extract commission on alimony agreed and its quantum as percentage? regards ASHISH

Ashish,

 

Thanks for your kind compliments.

 

I don't think there is a standard trick or sharing strategy that is used rather the situation presents itself in such a way that confidence is able to be compromised.

 

Most litigants do not read paperwork and even sign documents without understanding its true nature and intent.

 

In a situation like the dissolution of a marriage, both parties are already at loggerheads with each other putting the messenger, usually the counsel, in an interesting  situation.

gd dy.
appreciate ur observation and hope it is frm own experience.

thn req. u to share ur experience - gud or bad, suggestion - hw to keep distance frm certain situation if nt avoidable etc. etc.

It seems that the author has been thoroughly frustrated with the conduct of his case, he speaks out of his own experience, he might have had his own bitter experiences which he is sharing it here and expecting his like minded people to click 'like' button;  Well it is not so everywhere, our judiciary or judicial system has not gone that low as have been propagated by the author. I dont say that his case is a remote example, I agree that the various constraints  dominate the factors resulting into such inevitable situations, but any system cannot be changed overnight. In fact the changes in the judicial administration across the country can be significantly seen in many places, the presiding officers of the courts are to give explanations with justifiable reasons to the pending cases being reviewed periodically in  frequent intervals by the higher courts.  The fact is that the courts are in fact not able to manage or administer the increased influx of litigation due  to the enormous increase of frustrated/dis-satisfied young generation who without looking for solution straight away knock the doors of court to redress their grievance  and they are so much impatient that they want to dispose their litigation very urgently by some hook or crook, which leads to wide spread corruption  and alleged malpractices all over.

Fine writing with apt observations w.r.t. judges, advocates and litigating harassed parties.  The spirit of smiling springs up despite chilling emotional turmoil.  I want to add: 200 cases per day in family court.  But in most of the courts after lunch hours they look barren.  The judges retire to chambers for noon nap that extends till evening.  Expeditious trials with time bound decisions certainly minimize the trauma.  International standards prescribe 56 judges for ten lakh population, but India adopted 106 judges for ten lakh population, but even that also not maintained as a large number of judicial posts are left vacant.  If the required number of judges are there and they are insturcted not to go for adjournement spree when the advocates seek them for vested purposes.

just a perfect illustration... of todays era of divorce cases.... giid one

just a perfect illustration... of todays era of divorce cases.... giid one

Perfect illustration of the system.  However there is one lacunae.  The male will usually not be fighting only one case.  Because as is usual, the opposite lawyer will launch into a few dozen more cases, and then from the husbands side too.  

 

So multiply the above situation by 10 times or more.  Both parties will be full time doing rounds of the courts just to get separated, which they already are.

Thanks everyone for your kind words of appreciation and for moving from denial to acceptance.

 

Some still are in denial that a problem even exists.

 

I was charged with the kidnap of my own son under section 363 IPC and my name was published in the newspapers. This happened even while the mother of the child abandoned him with her parents, was living abroad and no directions for custody were in effect.

 

The Inspector of the station where the FIR was filed wanted 50,000 INR to close the case where I, the father of the child, was charged with kidnap of my own son !

 

I refused

 

When I applied for bail, I was made to sit on the floor.

 

Not to mention, the Inspector was already bribed in the first place to register a case against me.

 

I wrote to the Prime Minister's Office. Attached is the response.

 

I even wrote the President, CM, the Governor, the Director General of Police but nothing happened. I got responses but no action.

 

Large scale bribery does exist and I can attest to it being a victim myself.

 

Some of us are luckier than others. I recall a spine chilling tale told to me by one litigant, for the purposes of this story, let's call him X

 

X was working in a top software company in India, one of the best and was in love with a girl from a very very influential family. The kind you'd be able to recognize by their family name. Due to the girl's family not accepting his proposal for marriage, the girl and Mr. X got married and duly registered the same. The girl moved into the boy's home thereafter.

 

The girls parents then visit this girl, threaten her that they'd commit suicide. The girl agrees to come home and this is where it gets really interesting.

 

They (girl's parents) get the girl to file a complaint with the police that she was cheated, did not know she was getting married, rather she was told to say in her police complaint that what was told to her when she affixed her signature was that she was merely "a witness" to someone elses' marriage.

 

An FIR was registered and Mr. X, his mother (residing in a town 500 kms away), the friends who witnessed the wedding AND ironically even the driver of the car they traveled in were named as accused, charged and remanded in Puzhal Central Jail, Chennai.

 

X was sacked obviously from his job; his colleagues came to be aware and you can imagine his plight but it doesn't end there.

 

After 3 months or so, I don't recall the exact duration, they were released. 24 hours later , X was re-arrested on new charges of having attacked the girl's father shortly after being released and remanded to custody again.

 

X now lives with his mother. He has turned a recluse and when I spoke to him, didn't seem like a bright engineer that was once his former self.

 

This will change you if it already hasn't !

I believed such chilling stories abound.  Nobody takes notice because it affects MEN in india, who have no rights in the eyes of law.  Like I said earlier, every Ram knocking on the doors is assumed a Ravana even if proved otherwise.

When India is incapable of respecting its own tax paying citizens at home, why should we expect Indians will get any respect outside.  Case in point are the numerous incidents of impropriety committed to even its Ex-Presidents in US.  In hindi - apni Izzat karni nahin aaati to doosre kyon tumhari izzat karenge.