It’s Raining Lies – In the name of Family Law

In most Indian homes, the concept of marriage and marital vows is undergoing sea change. No, this is not Page 3 reporting but it doesn’t mean we can’t share the much hidden, unspoken truths about divorces in India and how they are ‘manipulated’ in courts of law. Here's a cynical, realistic take to begin with:

#Truth 1 in Personal Laws: Spouses Lie

Husbands lie when they want a divorce. Wives lie too, whether they want a divorce or not. Family honor is at stake. Are you wondering what the lawyers do? They try to find the ‘truth’ from amidst legal precedents, clauses and latest judgments.

#Truth 2 in Personal Laws : Adultery is socially ok if there is a decent lapse of time

Moral policing has made it difficult for Indians to talk openly about adultery. In courts, the word has to be used with considerable caution as it constitutes a valid ground for divorce.

 A peek into the pages of Times of India write up published on 19th January 2010 refers to veteran Indian actor, Om Puri’s autobiography – ForOm. The book is sure to set tongues wagging as it has several confessions by the actor.

While Om Puri stated to Times of India that his relationships brought warmth to his life, he confesses that he had wronged his ex-wife in court. He further informs Times of India that he was mean to his wife and was instigated to fabricate charges against her because of his lawyers. In his statement to the newspaper, his exact words are, “I levied charges against her, out of which only 30 per cent were true.” Although he says that the guilt nagged him for several years, the truth is that perhaps those charges may have been convincing as solid ground for securing a divorce.

Do warning bells ring or is it that we are not shocked by such statements any more? People in ‘respectable’ circles go unpunished and unchecked despite the scope of family laws. The fact is that socially, even legal offences that can be grounds for divorce stand unpunished when it is revealed after a significant lapse of time. 

#Truth 3 in Personal Laws: Evidence is Key Factor in Granting Divorce

In most cases that are fought for or against obtaining divorce, presenting strong evidence is the real clincher.

Remember, your lawyer can quote all the legal precedents, clauses, interpretations and case laws in personal laws but if there is lack of evidence, everything becomes pointless.

You lose your case. You lose your family honor too. What’s worse, you are not even sure if the legalese was worth all that pain and cost.