How to file divorce in india without lawyer
3 STEPS USED BY DIVORCE LAWYERS TO DESTROY A MARRIAGE
Timecodes:
this is the three-step method by which
divorce lawyers take a small problem and
escalate into a destroyed
marriage
often i've seen this happen
because i've consulted a lot of wives
myself and i have also done a lot of
matrimonial
legal work
and i've seen a very very common theme
that comes across almost in all
interactions and how
this thing
not because of some deliberate effort by
the lawyers but by the design of things
of the legal system in this country
matters escalate from the smallest of
issue into a full-fledged divorce
time immemorial
you have disputes between
spouses
where the spouses have to spend a little
time away from each other
in india if there is a dispute the wife
you know for a few days goes off to her
parents house
here there will either be a lawyer or a
law student relative or there will be a
relative who has a lawyer
friend
and this person says why not get an
understanding of your legal rights why
not go and talk to this lawyer and this
is where the saga starts
the first thing that the lawyer will say
is that to get the husband on the
negotiation table because there has been
lack of communication there has been
breakdown maybe there is
a certain
difficulty that the wife is facing with
the husband or her in-laws and in a lot
of situations there could be full-blown
dowry harassment domestic violence
whatever the case may be
whatever grievance no matter how small
or large the lawyer always says that in
order to get
the husband and his family members
to the negotiation table let's go and
file
a criminal complaint against them and
the lawyer explains that
even if say for example the wife says i
do not want to pursue any criminal
remedies because this will lead to a
complete breakdown of my marriage and i
do not want to get divorced the lawyer
says that when you
file this complaint before the police
station the police will not
automatically register an fir nor will
the husband or his family members be
automatically arrested because of this
the matter will only go
to the crime against women's cell
from the local police station and it is
there that the crime against women sell
will call both parties for an amicable
handling of the situation where either
the wife goes back and starts living
with the husband
or
there is an amicable
break apart where you will as the wife
client sitting in front of me you will
get a substantial sum of money as
settlement amount to which even then a
lot of times a wife says i do not want
to break down of my marriage i just want
things to continue but i need to have a
discussion with the husband and his
family members
and because of
you know whatever reasons there is a
breakdown in communication
now once the wife client of the lawyer
now agrees to drafting of this complaint
she doesn't understand to what extent
the allegations will be there
and when she sees the first draft of the
allegations against the husband
and his family members
it is full of concoctions and
exaggerations on most days
and the reason why again divorce lawyers
have to explain this to the wife client
that if
i don't do this
and if things do not
in the later stages if there is no
resolution
what is going to happen is that the
police might not even register in fir
and even if an fir is registered there
is going to be a big possibility
that the police might not do anything or
getting anticipatory bail for the
husband and his family members will be
very easy because of
you know the the not so severe
allegations because the courts of law
also expect
that if the person is actually guilty of
even the smallest thing he will face the
repercussion after a fair trial
but if you want to have a husband go to
jail maybe or to at least have the fear
of going to jail or if you have to you
know if you want the husband to fear
having to pay maintenance or maybe say a
residence order against him you need to
have strong enough allegations
and this is step two where the wife is
without
her willingness
in entirety
consenting to
drafting and filing of a complaint
against the husband and his family
members
and step three is when the husband is
finally called to the crime against
women's cell to face negotiations and
this amicable settlement
it is at that point of time that the
officers at the caw cell
quiet often
intimidate threaten the
husband and mind you caw cell
proceedings are always meant to stretch
out to a minimum of four to five
hearings no matter what even if the
husband and wife are ready to go back on
the first date the caw cell will say no
first we want an ample discussion on
whatever is going on over here and on
the first and the second and the third
date
the husbands are amply
threatened intimidated
by the
caw officers and around that point of
time when the wife goes back and
discusses with a lawyer because lawyers
are not allowed in caw
meetings in these in these conciliation
settings
the wife goes back to the lawyer and
explains that the husband was terrified
and that the ciw cell officer was
on completely on her side it is at that
point of time that she's already
invested in this
three-step process
where the lawyer then tells her
that it is
far better for you to now go for a
divorce and claim a huge amount of money
because in any case when your husband
reads the allegations that you have put
against him and his family members
it will be very difficult for the two of
you
to continue this marital relationship
and because of the investment already
made by the wife in terms of money in
terms of effort in terms of signing on
on the lies concocted by the divorce
lawyers
it is at this stage that the wife feels
very very helpless and agrees to pushing
for a settlement through a divorce
rather than going back home to her
husband
it is very sad but unfortunately this is
something that
lawyers themselves are also
bound
on because of the fact that
if we break down all of these steps if
there is no complaint filed there is no
calling the husband or his family
members on the negotiation table
if
the allegations are not severe
as earlier mentioned if things do not
get compromised you will have a weak
complaint because of which there will be
easy grant of bail and also in all
probability and acquittal as well
and on the third step
if
the caw officers are not threatening and
intimidating
then in that situation the husband will
not feel the slightest bit of you know
fear or threat in his mind
but simultaneously
because there is an actual possibility
that the husband after reading the
complaint will not
agree to going back to living together
with his wife
the lawyers are right in saying that
if the husband does read it it's going
to be a problem
and this is
a three-step method because of which
lawyers
despite having the best intentions
in the smallest of situations
they create a mountain out of a mole
and they
effectively lead a marriage to the path
of complete destruction
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