The two sides throw mud at each other with accusations, stubbornness, jealousy and hatred and sometimes quarrels in the courtroom itself. Filing of cases with false accusations with a malicious intention and trying to hurt the opponent in some way, intentional violation of court orders, and even accusations against the judge for any delay in issuing orders or for not delivering the expected order are not uncommon.

In Hindu tradition, marriage is considered a sacrament that unites two souls and two families. However, the present marriage system in India, whether arranged or love, is undergoing significant pressure and witnessing a transformation because of declining values within the families.

Spouses shift their responsibility and accountability for their own actions, which is known as the “blame game” resulting in misunderstandings, quarrels and fights and lack of happiness in marital life. The harmony between the spouses is damaged and a bitter experience is left between the two families of the married couple.

Thus, there is a possibility of breaking of the marital bond. The mind turns towards wrong thoughts about the spouse. One of the reasons is the absence of elders in the family to guide the younger ones and there are not as many joint families as there used to be earlier.

The ego of “me, mine” distances the couple from the idea of “we, ours”. Like adding fuel to the fire, the instigation of parents also causes damage to the system.

In today’s system, extra-marital affairs in the name of civilization are destroying marital life. Thus, situations arise in which the spouses do not want to live together.

The Union Government brought the Family Courts Act in 1984 as a viable measure to resolve rifts, misunderstandings and conflicts between the husband and wife through mediation, keeping them together without going in for a divorce, and providing speedy justice.

In Telangana State, three Family Courts were established for the first time in 1994 at the level of District Judge. Today, there is one Family Court in each district headquarters apart from two in the Hyderabad City limits, one in Secunderabad limits, three in NTR Nagar in Rangareddy district limits and one each in Malkajgiri and Kukatpally.

Approximately 2,000 to 2,500 cases are pending in each Family Court and each presiding judge calls about a hundred cases for hearing every day. Keeping in mind the increasing number of cases, unlike other courts, Family Courts are hearing cases even on Saturdays.

The presiding judges are working under a lot of pressure and carrying an unbearable burden because of the huge number of cases piled up before them.

Dispensation of justice by the presiding judges as desired by the divorcing couple is not an easy task. The two sides throw mud at each other with accusations, stubbornness, jealousy and hatred and sometimes quarrels in the courtroom itself. Filing of cases with false accusations with a malicious intention and trying to hurt the opponent in some way, intentional violation of court orders, and even accusations against the judge for any delay in issuing orders or for not delivering the expected order are not uncommon.

Before the advent of the Family Courts Act, 1984 three judges, namely District Judge, Senior Civil Judge, and Magistrate, used to deal with matters pertaining to estranged spouses with different duties. However, after the enactment of this Act, all those duties are tacked to the Family Court Judge. The main duty of the Family Court Judge is to first bridge the gap between the couple through mediation and overcome the problems and keep them together, and only as a last resort, grant order of divorce by dissolution of marriage.

Apart from these, restitution of conjugal rights, judicial separation for six months as provided by the law, declaration of marriage as nullity, custody of children, property disputes between husband and wife, temporary and permanent maintenance and domestic abuse cases are all dealt with by the Family Courts.

A significant portion of divorce cases involve young couples with good income. There has been a large increase in two types of cases i.e., cases of divorce sought by mutual consent after one year of marriage under Section 13-B and cases where the spouses seek declaration of annulment of marriage within a month of marriage under Section 12.

In cases instituted under Section 13-B, the most common reason cited by the estranged couples for divorce is that their differences were irreconcilable and they are unable to get along in life. Once the marriage is dissolved, the aspect of adjudication of giving of custody of children and the visitation rights is a herculean task.

In cases instituted under Section 12, the foundational issue will be the impotence of the man or frigidity of the woman. In divorce cases by mutual consent, the courts can somehow reconcile the couples and try for reunion by negotiation or mediation. In cases of annulment of marriages, the courts cannot compel the parties to marriage to remain together. Its task is to confirm the foundational issue by seeking opinion from an expert and grant annulment if the fact is proven rather than pushing for a fruitless reconciliation.

In ordinary criminal cases, a trial can be concluded in a few adjournments. But in family disputes, since the main task is to reunite the husband and wife rather than granting divorce at a stretch, the presiding judge must try to identify the problems like emotional misunderstandings, make the spouses talk openly and honestly with each other and then resolve the issues.

In any case, it can be said without an iota of doubt that of late, in the name of civilization, the Indian marital system has become very weak.

Only changes in the mental attitude of the spouses and their kith and kin can help the estranged couple to live together happily and their respective families can breathe easy.

(The writer is a retired District Judge based in Hyderabad)