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  • Writer's pictureRitik Agrawal

Unpacking Matrimonial Discord: Legal Remedies and Insights


Aishwarya Suradkar

 

AN ANALYSIS OF “MATRIMONIAL DISCORD AND LEGAL REMEDIES”

INTRODUCTION

Marriage is the union between men and women legally solemnized by following each other's culture, tradition, rituals, beliefs, customs, laws, and duty to respect and take care of each other. As marriage is not only the union between men and women but also the two families that are going to be part of it. Once the couple is married, their bond is considered as  one and perpetual and shall be till their last breath. But today, the dimensions have changed and led to a change in aspects of marriage from traditional to western. 

Quickly evolving Social and familial settings have an effect on couples, particularly young couples, by making them deal with issues like instability, poor communication, shifting attitudes toward sex, misunderstandings, mutual responsibilities, discord, and a lack of work-life balance. Couples that are materialistic, self-centered, and individualistic toward their family may find it difficult to live in peace.

Every marriage has the potential to succeed or fail; some couples are contentedly wed, while others are having problems that could cause marital strife. Both the husband and the wife must bridge the divide between their disagreements, which could result in divorce.

MATRIMONIAL DISCORD

Matrimonial Discord in marriage refers to inconsistencies that develop between married partners. Matrimonial conflicts arise when spouses are unable to keep their relationship in balance. Marriage conflict is not uncommon; it can occur in many households where minor arguments can escalate into violent altercations between spouses. Numerous celebrities also experience issues that force them to file for divorce and separate from one another.

CAUSES FOR MARITAL DISCORDS

1. Financial 

Married couples may face financial issues. due to any reason, say their husband is unemployed or has been removed from a job or their wife is spending more money, due to which they are out of money.

2. Physical intimacy 

The physical relationship between husband and wife is an essential need for the couple to make their bond healthier and stronger. Denial of physical intimacy by one spouse to another in a married relationship constitutes cruelty. Unsatisfactory sex life can lead to discord between partners.

Case law:

Navodit Mishra vs.  Richa Mishra

It was held that the denial of a physical relationship by one spouse to the other in a matrimonial relationship constitutes cruelty.

3. Physical distance

Once husband and wife refrain from making physical, emotional, and verbal distances from each other, it becomes habitual for both, and eventually being close to their spouse feels awkward and unfamiliar. 

4. Lack of understanding 

Being married requires mutual understanding between husband and wife, which will help to have a balanced life for the couple. Misunderstandings between the couples may lead to divorce or separation.

5. Jealousy

A jealous partner may become the ground for matrimonial discord, which may impact the married life of a couple. A jealous spouse may lead to controlling behaviour toward another by not letting them do things on their own.

6. Not taking responsibility:

Sometimes spouses are not ready to take      responsibility; they tend to shift their own responsibilities onto each other's shoulders to take care of.

7. Differences in Discipline:

Differences in discipline may arise between orthodox parents and permissive parents. Such parenting may impact children as well as harmony between couples.

8. Hating spouses, family, and friends:

Being judgmental, not giving respect, or behaving immaturely with each other's family and friends eventually leads to hating each other's family and friends, and not enjoying their company may lead to discord between husband and wife.

9. Married at their earlies:

As marriage was held at an early stage of their lives, growing up, they realised they were not compatible with each other and also, they faced a lot of problems every day.

10. Being fully and financially dependent:

It may happen that the wife is fully and financially dependent on her husband, as she is taking care of his family as well as their children. Or it may happen that the wife is working hard and earning bread for the family while the husband is unemployed and an alcoholic.

11. Extramarital affair:

Being in an extramarital affair or adultery becomes one of the main reasons for discord between husband and wife. Putting someone in the dark or cheating with each other's feelings does not build a strong relationship. 

Case law:

Narantakath Avullah v. Parakkal Mammu and Ors. (1922).

In this case a woman was charged with bigamy, the accused in this instance entered a plea of good faith and lack of criminal intent. Because the attorneys she spoke with confirmed that she could get married again on the grounds that her previous husband had converted to Islam and was therefore an apostate. The Madras High Court rejected the accused's pleas of good faith and mistake of law, highlighting Section 79 of the IPC, which exempts those offenders who committed a crime by mistake of fact rather than because of a mistake of law in good faith.

REMEDIES

1.Identify your own faults

As marriage is between two people equal efforts should be taken by both to make marriage life easy, identifying our own Faults and rectifying it leads to healthy marriage.

2.Make compromises when needed

Making occasional sacrifices and concessions is essential to keeping a strong marriage. Sometimes, prioritising your partner's needs before your own will increase their level of appreciation for you. This will assist you in creating a happy marriage.

3. Concentrate on advantages of marriage:

It is unfair to your partner to only concentrate on the negatives; instead, pay attention to the benefits as well. Pay attention to the good things as well; work on them and proceed. 

4. Take little efforts

Marriage is all about making equal contributions and efforts to make our partner happy just like giving flowers on special occasions and writing letters to each other and taking out for dinner.

5. Make communication clear with each other.

Make an effort to handle everything with compassion and constructiveness. Talk about your issues with each other without using abusive language or emotions to express yourself.

6. Marriage council

Marital counselling means marriage council where couples resolve their disputes. Council is provided by trained professionals who are specialised in providing marriage counsel. Marriage council guide the couple who brought their disagreements to those who want to maintain their marriage life.

CONCLUSION

A significant life milestone is marriage. In traditional and religious contexts, having children is the primary goal of marriage in order to multiply and pass on one's genes to future generations. There are several traits, varieties, and purposes for marriage.

Some of the issues that some marriages confront are understanding issues, family conflicts, dowries, in-laws, and inter caste, inter caste, inter country marriages. A healthy marriage is an event of generosity. Marriage is not always easy, but it is essential to be aware of how marital discord can affect relationships and children. It is crucial to take the necessary steps to prevent a negative impact on the children, who end up being silent, unsuspecting victims.

REFERENCE

1.Narantakath Avullah v. Parakkal Mammu and Ors. (1922).

2. Navodit Mishra vs.  Richa Mishra

3. Section 79 of Indian Penal Code.

 

 

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