Actual implementation of law is quite different than what was envisaged while making the law in many cases.
There is hardly anybody now a days who sincerely & honestly promotes and spreads the original 'essence and spirit' of any legislation and the intension and purpose of bring a perticular law.
After a law gets passed, people forget (lawyers make them forget) 'with what intensions' the legislature braught the law, n the first place.
The actual implementation happens in such a twisted manner and loopholes are misused and whole thing gets merky with 'caselaws' which rather confuse the whole intension of bringing the statute and hence many a times statutes become redundant and futile.
No law can achieve 'patch-up' of minds of spouses, forcefully vide a decree, in a the marriage which is on the path of break-up.
At the max, the law can deny the the party who is taking advantage of own wrongs to walkout in 'fault based' divorce.
Though the intension of Mutual consent Divorce was completely different, people have started using that option as a 'mandawali' technique' to circumvent the trial on 'fault theory' .
Lawyers send the notice on behalf of the party to opposite party which 'lists allegations and then followed by an offer to come forward for a mutual consent ivorce'!!! Is it not preposterous!!
Hence MCD is done more or less not by force but by 'reluctance and helplessness' (tactfully and using delaying and harrassment techniques!! )
MCD has become a bargaining technique and .....
if bargain fails then people go to court.
