The Family Litigation::: A unique Litigation needs a Unique Solution

### The Family Litigation::: A unique Litigation needs a Unique Solution ###
### Present and future cannot be held hostage by the Past ###
### Mutual Settlement is the best way forward ###
### Plan, mediate, wait and go for smooth Exit ###
### Article 21 should give way to All Laws ###
Marriage is sacred union where the parties to a marriage unite with each other and creates new identity of a couple. This new identity may have tilt towards wither of the party. Earlier the tilt was more towards male partner and it is changing rapidly. But a failed marriage is both the parties have their own identity an fight for individual rights with their own spouse within the four walls, then within the family and friends and finally goes to the Institutional Courts.
The litigation in courts is like Present and future are held hostage by the past.
One of the most fought after ego battles inside the court room are family matters including
a) Domestic violence,
b) Restitution of Conjugal rights,
c) Divorce,
d) Maintenance,
e) Custody of Child,
f) Partition case and
g) Criminal cases such as 498A, 506,509, 323, 494 among others
The family litigation is one of the most sought after litigation by the aggrieved parties in the beginning but the as the time passes, the parties realize that it is costly, time consuming and their misery has gone up with the litigation and finally looks for alternative smooth exit from the litigation. If the parties talk to any person who has already undergone through the process of litigation, they will never prefer the litigation route rather they prefer mutual agreeable route. Our endeavor is to give the general scope of the family litigation and to encourage the aggrieved parties to give some time and discuss with the partner and the disputes are not resolved, keep the issue before elders/friends, still not resolved, give some more time, still feels cannot live in the marriage, then exit smoothly, without wasting time, money and mental peace.
# What is the objective of any litigation?
To protect individual rights over the other party (Defendant/Respondent)
# What is the meaning of Marriage?
Two Persons leaving their Individual Identity takes oath to have a unified identity with the spouse and live with the spouse.
# Now the Question is Whether Marriage can co-exists with Litigation?
The Answer is no. When one party to the marriage takes individual identity and throws various allegations in the public forum in the form of the Affidavit (Statement on Oath considered being TRUTH ONLY) or private forum, the other party to the marriage also forced to come out of unified identity and make allegations with Individual identity.
Therefore the Question of unified identity lost with the initiation of Litigation before any forum.
### The Present Day Scenario:
When the unified identity is given away by one party the sanctity and sacredness of marriage has lost. Most matrimonial disputes lead to a miscellany of cases including criminal cases, at times genuine, and on other occasions initiated because of indignation, hurt, anger or even misguided advice to teach a lesson.   
This puts burden on the courts in the form of filing, listing, paper work, compliance with formalities, verification etc. Parallelly, parties have to bear the cost, appear before several forums/courts and the final orders get delayed causing anxiety and apprehension. Meanwhile they have to undergo the rigors of the Society, Institutions and stakeholders exploit the parties for their benefit leading to a situation of no return.
To prove the contentions raised in the case, the party has to show the fault of the partner to get relief. Excessive reliance on fault as a ground for divorce, encourages matrimonial offences, increases bitterness and widens the ongoing rift between the parties. The law of divorce built predominantly on assigning fault fails to serve broken marriages. Under the fault theory, guilt has to be proven, and therefore, the courts have to be presented with concrete instances of adverse human behaviour, thereby maligning the institution of marriage.
### Way Forward:
An unworkable marriage, which has ceased to be effective, is futile and bound to be a source of greater misery for the parties. Once serious endeavors for reconciliation have been made, but it is found that the separation is inevitable and the damage is irreparable, divorce should not be withheld.
In matrimonial matters, settlement, and not litigation, is the preferable mode of dispute resolution. Public policy underlying the legislations dealing with family and matrimonial matters is to encourage mutual settlement, as is clearly stated in Section 89 of the C.P.C., Section 23(2) of the Hindu Marriage Act, and Section 9 of the Family Courts Act, 1984.
The parties have freely, on their own accord, and without any coercion or pressure should arrive at a genuine settlement which took care of the alimony, if any, maintenance and custody of children, etc and settle the disputes rather than putting their past as priority and losing their present and future.
Before instituting any family litigation, the aggrieved parties should talk to any person who has resolved the family dispute peacefully by mutual agreement and those without mutual agreement and decide the course of action.
Lets not waste time, money and lose peace. Present and future cannot be held hostage by the past. Lets settle the disputes amicably and move ahead. If you cannot settle the disputes, after reasonable time and reasonable efforts of mediation, settle the marriage and move ahead.
Thank you
Team E C T L A