MEDIATION and MARRIAGE COUNSELLING
Marital problems might occur due to unfulfilled basic needs, misunderstandings, alcohol addiction, dowry demand, ego problems, adamant differences in opinion, etc.
Divorce, judicial separation, and such have an impact on the family. Thus it is of prime importance to try some non-legal ways to successfully fix and save a marriage that is hanging by a thread.
Alternatives to Legal Remedies to Save Marriage
A few alternatives to legal remedies that can save a marriage from falling apart are-
1. Mediation
Meditation is a form of Alternative Dispute Resolution (ADR) which aims to assist two or more persons involved in a dispute in reaching a mutual agreement. The content of that agreement is decided by the parties themselves rather than accepting something imposed by a third party.
Mediators are those professionals who are impartial, unbiased, and who use appropriate techniques and skills for a productive dialogue between parties.
2. Marriage Counselling
Marriage Counselling is also an excellent way to figure out what to do.
The marriage counsellor will ask questions that help one think more clearly about what is going on and what he/she wants. The marriage counsellor will help the parties to communicate better with each other and provides innovative ways to resolve conflicts.
As divorce is such a step that can have an impact on the parties, their children, and their extended families, counselling should be one method to overcome the problem of marital disputes.
Counselling is, therefore, a useful mean of saving or ending the marriage peacefully. By counselling the spouses gets a safe place to share their feelings about the divorce and the relationship.
An experienced counsellor can help the couple save the marriage by pointing their own mistakes instead of ending up their relationship.
There have been many cases where counselling has played an important role and improved mutual understanding and saved the relationship.
The counselling centres should concentrate on the improvement of interpersonal relationships. The importance of adjustment must be explained to the couples through counselling.
Suggestions to Keep Marriage Healthy
Personal family issues should not be discussed in front of neighbours, friends, or any third person because they do not know the actual worth and position of your spouse in your life. Unnecessarily spreading your problems does little to solve the issue. In most cases, it magnifies the challenges.
Due to role conflict, marital conflicts occur. Awareness of roles and responsibilities and its performance is the essence of preventing matrimonial disputes.
Family organisation programs should be conducted to prevent family disorganisation and to understand that family is the real strength of a person.
Legal remedies to end a marriage
A few legal remedies to end a marriage are-
1. Divorce
A divorce is a legal termination of a marriage, which also means that both spouses are free to remarry. Divorce is a very common remedy for marital problems.
2. Mutual Consent Divorce
Mutual Consent Divorce is a form of divorce in which both the husband and the wife agree on all the issues like child custody, child visitation, child support, alimony and division of property.
3. Contested Divorce
Contested Divorce is the opposite of a mutual consent divorce. In this case, the spouses do not agree on certain terms and conditions and thus, the court has to determine the terms.
4. Divorce by Mutual Consent
In this method of divorce, both parties have to appear in court on the final date of hearing. The court on the final date of hearing shall pronounce a decree of divorce.
5. Judicial Separation
Judicial separation is a legal remedy that allows spouses to live separately without dissolving the marriage. Although it does not dissolve the marriage, a judicial separation allows the court to decide on all the issues that are settled in a divorce.
6. Annulment of Marriage
The annulment means to declare the marriage void. It is different from divorce as it is a legal proceeding that declares the marriage was never valid.
7. Restitution of Conjugal Rights
In this case, the aggrieved party can file a petition before the court seeking restitution of conjugal rights.
8. Domestic Violence
Domestic Violence is a very common offence in India. The Protection of Women from Domestic Violence Act, 2005 came into force on 26th October, 2006. This Act provides for the protection of women from domestic violence.
