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Marriage, like every other human relationship, perhaps more so than others is based on mutual trust, confidence and mutual respect. While difference may exist, often times serious ones, as long as respect for each other remains, the marital bond will survive.

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Chhattisgarh high court has granted a decree of divorce to a man whose wife did not join him in matrimony for nearly 10 years because the ‘shubh-muhurat’ or auspicious time hadn’t come. The HC held that this amounted to desertion.

“The auspicious time is meant for happy family life. Instead, in this instant matter, it appears that auspicious time (shubh-muhurat) was used as a tool barrier by the wife to start their matrimonial home,” observed a division bench, comprising Justice
Goutam Bhaduri and Justice Rajani Dubey.

The court ordered that the marriage be dissolved under the

Hindu Marriage Act

by a decree of divorce. The wife, in full knowledge of the facts, had deserted the husband, so he was entitled to get a divorce, the judges said in the order passed last month. A copy of it has now been made available.

Appellant Santosh Singh had moved HC, challenging a family court order, which had dismissed his petition for divorce on the grounds of desertion. According to his petition, he got married in July 2010 and he and his wife lived together for only about 11 days after which her family members came and took her away,

TEN POINTS FOR BECOMING A GOOD ADVOCATE

Senior Advocate Fali S Nariman on Thursday shared his wealth of knowledge on the topic "Becoming an Advocate" at the inaugural lecture of the online lecture series organised by Indian Law Institute, Kerala in association with LiveLaw.

Through this lecture, the senior advocate extended important tips on the art of courtroom advocacy that would help young lawyers and law students to establish themselves in the legal profession.

Once a student of law, always a student of law

At the outset, Nariman emphasised that learning is an endless process in the field of law and that it is important for young lawyers to keep themselves on indian case laws at all times in order to be useful to their seniors. He further remarked that no one howsoever senior or advanced in knowledge or in age can ever say that he or she knows the law. It was highlighted that law is as 'vast and unfathomable' as the starry heavens in the sky that one sees on a clear night.

"You have to remember that once you become an advocate, you become a student of law for life. Whether you sit in a law firm or you work in an office for an advocate or even when you begin to practice, even when you also become a judge", he opined.

Proficiency in English is vital, important constitutional concepts are in English

Nariman stated that one has to have a good grasp on the English language in order to establish themselves as an advocate. This is because English is no longer a foreign language as it is one of the official languages of India. More importantly, he emphasised that the origins of Indian law remain in English and all important constitutional concepts such as liberty, equality and rule of law are all in English.

"This is not in order to make you anglicised, far from it, it is to give you an opportunity to establish yourself and be successful in the legal profession because the law in India is and will remain English in origin", the senior advocate further elucidated.

He further stated, "you must remember that English is not a foreign language, it is one of the two national (official) languages of India. Therefore, the first thing you must do is improve your knowledge and proficiency in English by reading. It is to give you an opportunity to establish yourself because the law in India is and will remain English in origin, all the great concepts are Anglo-Saxon."

The worst enemy of hard work is a fixed monetary reward

Nariman pointed out that the more one is engaged in work, the better is one's application of mind. However, 'work' here is not necessarily paid work, he clarified. He stated that a junior lawyer should not depend on fixed monetary compensation or stipend paid by the senior. "the worst enemy of hard work is a fixed monetary reward," he further stated.

"Of course, if it is necessary for your survival, take the stipend but don't depend on it forever because you are then you are in the position of an employee or an office clerk. You will soon begin to work less and less, only in office hours and then in company of other lawyers you will begin to complain how poorly you're paid", he added.

Important to look up even law having 'remote connection with facts in light of Section 165 of Indian Evidence Act

While assisting a senior or arguing a case, one must be aware of all facts of the case, Nariman highlighted. He also stated that it is also important to look up not only the relevant law but also law having some remote connection with the facts. Referring to Section 165 of the Indian Evidence Act, 1872 the senior counsel remarked,

"Although in a court of law only relevant facts are to be stated, there is one very important but least known section of the Indian Evidence Act which is Section 165 which reads as follows, the Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time..and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court."

A judge in a proceeding is expected to explore all avenues open to him or her in order to discover the truth, Nariman further elucidated.

Advocate's duty to bring to the Court's attention cases previously decided on a point of law even if unfavorable

Speaking about the ethical duty owed by lawyers to Court, Nariman emphasised that if a proposition has been previously adjudicated upon, it must be brought to the Court's attention even if goes against one's case.

"As a lawyer, it is your duty to bring to the notice of the court a case already decided on the point. You may then distinguish it but cite it you must. Never cite an overruled case," he stated.

To lose your temper at a judge is losing half the battle in Court

Nariman further stated that in Court it is always better to understate one's case rather than overstate it. He also pointed out that the tone of a lawyer while advancing arguments plays a key role in deciding the strength of the contentions.

"Never exaggerate in Court. Argue in low key. Avoid rhetoric and don't be too smart and for God's sake, at this stage, avoid being funny in court! You will be stigmatised as flippant", he added.

He further emphasised that a lawyer must never display his anger inside a court room. "To lose your temper at a judge is losing half the battle in Court. If you have a temper and get upset at what the judge says, control your temper", Nariman highlighted.

Express displeasure against an unfavourable ruling only in the Court of appeal/ open Court

Nariman also cautioned young lawyers from criticising a judge who may have delivered an unfavourable ruling. Learn to lose with dignity, he added. He further stated that if at all a lawyer has to express his or her displeasure regarding a ruling, it must be shown in a court of appeal or in an open court.

"Don't jump to conclusions about the judge hearing your case. The entire edifice of our legal system exists on the basis of mutual good faith between the bench and bar.", Nariman stated further.

Exercise caution when speaking to media, unfair to judge who cannot retaliate

The senior counsel also urged lawyers to exercise caution when speaking to media. He stated that lawyers should never speak about a case to the media in which he/ she is appearing.

"It smacks of cheap publicity and is unfair to the judge. If the judgment needs to be criticised, such criticism will be appreciated when it comes from disinterested quarters," Nariman said.

Time limit for arguments is important considering the huge backlog of cases

Nariman also underscored that young advocates must refrain from complaining about the inadequacy in time allotted to them for arguments.

"When time for arguments is preset, do not argue with the judge because that is the discipline of the law", he stated.

He also favoured the imposition of time limits for arguments by Courts considering the impending backlog of cases. "We all object to time but just see the backlog of cases in our Courts. It is because we Advocates take so much of time in arguing cases", he added further.

"When an advocate speaks, he has to think about what he is going to say and say it precisely and with brevity. I have always noticed, the man who speaks less generally wins", Nariman elucidated further.

Advocacy plays a vital role, cases are not won merely on the basis of the strength of evidence

Nariman also highlighted that advocacy plays a vital role in winning a case as it goes a long way in persuading a judge.

"It is an illusion to think that great cases are won or lost because of the inherent strength of witness. Advocacy plays a vital role simply because the judge is also human like the advocate. The only difference is he or she is trained to control emotions better", Nariman underscored.

Nibhana Padega – How often have we heard that term! India has the lowest divorce rate in the world. 2019 report revealed that only 1% of married couples in India get divorced. A good news? A reflection of the country where couples love each other and live happily together ever after? Hold on your opinions because if India has the lowest divorce rate, domestic violence tops the crime rate in the country. Then, isn’t the low rate of divorce a subject of worry? Does it not reflect the lack of women’s agency and the prevalent stigma around divorce? Why are married women forced to sustain a marriage that doesn’t value her self-respect and identity? Nibhana Padega: why must Indian women live through bad marriages?
Marriage for women in India is not always about falling love with someone who respects her, loves her and treats her as equal. It is about finding a protector who shields her from the predatory society that never values women. It is about seeking financial security in the society that is not comfortable with single independent women. Hence, marriage is considered to be the coveted trophy of a woman’s life.
But does that mean all marriages are equally shiny, happy and empowering? Should women be forced to marry and adjust just because it provides safety and security? Why can’t they be safe and empowered on their own? Is marriage about fulfilling needs and consolidating power relations or about mutual love and care?
Even if we have low divorce rates it does not prove that all marriages are good and safe for women. In 2018 NCRB report found out that the housewives recorded the second largest number of deaths by su***de. Most of these women faced domestic violence and dowry harassment that forced them to live in threat without dignity and basic necessities. Moreover, in 2019 NCRB recorded around one lakh domestic violence complaints from women. The cases of dowry harassment have also been rising and all this even though dowry and domestic violence have been criminalised.
Does marriage become a licence to flout all the laws and outrage the dignity and legal rights of women? If a marriage deprives a woman of her happiness, dignity and right to live freely, then why is she forced to sustain it no matter what? Does women’s happiness have no value?
For women walking out of a bad marriage means signing in for another bad relationship with the society as it legitimises its worst form of misogyny and moral policing by shaming single and estranged women. Why are women forced to choose between a bad marriage and social shaming of a divorced woman?
Stop assuming that all marriages are good and, being the weaker gender, it is the woman’s responsibility to sustain it. Because marriage has no space for power relations. Stop normalising violence and harassment as a part of marriage and forcing women to be the silent and adjusting partner. Whether married or not, a woman has the right to raise voice if her basic rights are outraged. She has the right to choose the person she wants to marry and legally divorce him if she is not happy.
It is not the older times when wives used to be the war prize or slave of the king of the winning kingdom. Today marriage means love and equality and if either of it is missing, divorce is the right option.
Rather than enforcing the idea that marriage is the safest space for women, normalise divorce and singlehood as a choice that a woman makes for herself. It should not be a stigma that gives society a reason to blame and shame women. Make society a safe space for every woman to live and thrive. A woman’s freedom and empowerment should not depend on her marital status. If men have the right to earn and live their life freely within or without marriage, so do

The procedure for mutual divorce in India is as below:
Step 1: Petition to file for a divorce. ...
Step 2: The parties must appear before the court. ...
Step 3: Record statements under oath. ...
Step 4: The first motion will be passed. ...
Step 5: Final hearing of the petition. ...
Step 6: Verdict on the Divorce.

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Every Child has right to use its mother 's name says Delhi High Court

A father does not own the daughter to dictate terms and every child has a right to use his or her mother’s surname, the Delhi High Court Friday observed.

The court’s observation came while hearing a plea by a minor girl’s father seeking direction to the authorities to reflect his name as his daughter’s surname in the documents and not her mother’s name.

Justice Rekha Palli, however, declined to pass such a direction and said, A father does not own the daughter to dictate that she should use only his surname. If the minor daughter is happy with her surname, what is your problem?

The court said every child has a right to use his/her mother’s surname if he/she wishes to.

During the hearing, the man’s counsel submitted that his daughter is minor and cannot decide such issues on her own and that the child’s surname was changed by his estranged wife.

He claimed that the change in name will make it difficult to avail insurance claims from the insurance firm as the policy was taken in the name of the girl with her father’s surname.

The court, which declined to allow the plea, disposed of the petition with a liberty to the man to approach his daughter’s school to show his name as the father.

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