In Fairy tales and Bollywood movies, the story ends when couples get married and live happily ever after.
In reality, the story begins when the couple gets married.
The Indian tradition of marriages lasting forever is changing rapidly.
Marriage has become a commodity, making people to ask themselves the question, “Why not try before we buy?”
According to Amol Sutrale, a Family Lawyer from India, high values in life and religious beliefs that had untied families, are withering.
“Many couples are rebelling against traditional family values. Therefore, we need to study and cure the various latches in the family-related laws and protect the sanctity of family and preserve its bonds amongst its members.
Most marriages go through different phases of stress. It is wise for couples engaged in marriage celebrations to plan for a pre-nuptial agreement, which will cover marriage gifts and expenditure.
Couples can segregate ‘separate’ property and ‘joint’ property and this will be helpful at difficult times.
Compulsory Registration
India was signatory to the UN Convention on Elimination of All Forms of Discrimination against Women.
In principle, India agreed that compulsory registration of marriage is highly desirable, although this is not practical because of the variety of customs, religions and level of literacy. But every marriage solemnised in New Zealand should be registered as per the Births, Deaths, Marriage and Relationship Registration act 1995.
With a few exceptions, marriages without licence or celebrant are void.
The Indian Government enforced the ‘Protection of Women from Domestic Violence Act 2005’ in 2006. This Act made changes to the women abused by their husbands, brothers, sisters or any other family members. It is similar to New Zealand’s ‘Domestic Violence Act 1995.’ In both countries, the court can make a Protection Order to protect victims from domestic violence.
Protection Order
Before applying for a Protection Order, one must assess whether there is a real danger or need applied. Some people apply for such an Order in a fit of anger.
It is advisable to consider the consequences that a Protection Order could have on relationship. Remember the old saying, “Do not make promises when you are happy and do not sign papers when you are angry.”
In India, Personal Laws are applicable for Family Law, which depends upon one’s religion. Each Personal Law describes the grounds for divorce but in none of them, one can get divorce on the ground that the marriage has irretrievably broken down.
Only Supreme Court of India can grant a decree of divorce on this ground, but can be contested by the spouse.
No legal aid
In New Zealand, an application can be made, after two years of separation, on the ground that the marriage has broken down irreconcilably. The period of separation of two years is enough to obtain the decree of divorce.
You have an option not to go to court and the decree can be collected in a couple of months.
There is no legal aid for dissolution of marriage. However, for most other Family Law applications, legal aid is available if you meet the criteria.
But some amount needs to be repaid, depending on individual circumstances.
Amicable settlement
It is always advisable to decide and solve the dispute and differences amicably before rushing to the court. Court proceedings can be stressful and expensive.
An amicable settlement is a best solution in family matters whether one is in India or New Zealand.
Any responsible family members can act as a mediator, which will be inexpensive to resolve the basic dispute. An agreement would not only preserve the unity and trust among the members of the family, but also maintain peace between the parties.
Each party should take independent legal advice before executing any agreement in writing so that the agreed terms would be binding on the parties.
Any agreement reached should be properly written, including arrangement of separation, custody of children, child support, parenting, access to the non-custodial parent, sharing property or any kind or arrangement. This would ensure clarity for the parties’ position in the difficult time.
If you cannot solve your family problems through family members, you can seek mediation of the Court, which could be Counsel-led mediation or Judge-led mediation.
Matilda Castelino is a Barrister & Solicitor at Castlefinn Law Limited.
Telephone: (09) 2641238 Email: castelinolawyer@gmail.com
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