June 2021 Posted by admin at Lifeline Legal

Communication breakdown stands as a primary catalyst for initial discord within marriages. Newlywed couples yet to master the art of resolving differences adeptly often avoid conflict rather than engage in constructive discussions. This avoidance pattern persists over an extended period, eventually progressing through distinct stages.The second stage involves individual demands. After a considerable time, couples realize that their avoidance approach has contributed to their unhappiness. Consequently, they begin expressing their needs vocally, articulating thoughts and opinions at every opportunity. Unfortunately, this newfound openness can further exacerbate strife between spouses.As couples grapple with the pressures inherent in marital relationships – such as time management tensions, demanding schedules, parenting stress, and financial burdens – they find themselves compelled to negotiate and compromise. This marks the gradual transition to the third stage.

Subsequently, the journey leads to a stage of resignation and contemplation of seeking counseling. The perpetual conflicts can leave couples feeling exhausted and hopeless, prompting them to consider expert guidance for their marriage. In the more aggravated stages, legal remedies may be pursued.

A discernible transformation in the perception of marriage has emerged. Once deemed a sacred and indissoluble bond, marriages are now subject to growing discontent among younger generations, communication gaps, evolving roles of spouses, the fast-paced nature of life, and emerging strains and challenges. These factors contribute to strained relationships, driving couples to seek legal interventions to address their marital issues.

Over time, the essence and significance of marriage have shifted. A significant number of women have joined the workforce, gaining financial independence. The breakdown of joint families and the prevalence of nuclear families have intensified pressures on working couples, resulting in an increasing number of marriages experiencing disputes and ending in divorces.

Conflict within marriage is inevitable; whenever two individuals unite, differing belief systems and personal habits are bound to annoy, irrespective of the degree of love. In healthy relationships, couples adeptly accept and resolve conflicts. However, in unhealthy relationships, marital conflicts arise due to various reasons. Role performance and role expectations misalignment among spouses lead to maladjustment in husband-wife relationships and subsequent marital disruptions.

Couples often cite sources of conflict ranging from verbal and physical abuse to personal characteristics and behaviors. Marital dissatisfaction, extramarital affairs, problematic substance use, and financial instability or mismanagement are additional reasons for conflicts. Infidelity, involving a third party in a committed relationship, can shatter the foundation of a partnership. Other contributing factors include domestic violence, authoritarian behavior towards partners, and a lack of commitment or communication.

Marital Discords & Changing Trends

The lack of communication often serves as a primary catalyst for initial marriage discord. Newlywed couples, unfamiliar with effective conflict resolution strategies, tend to avoid confrontation, opting to settle issues by circumventing discussions. This pattern persists, leading to the progression of attitudes through various stages.

The second stage involves individual demands, where couples realize their avoidance has contributed to their unhappiness. This realization prompts them to voice their needs and opinions, causing further strife between partners. In response to the pressures of marital life, such as time constraints, parenting stress, and financial burdens, couples gradually attempt compromise and negotiation.

As conflicts persist, couples may reach a point of exhaustion and hopelessness, prompting them to seek expert marriage guidance or counseling. In severe cases, legal remedies may be pursued to address aggravated issues.

The evolving concept of marriage reflects growing discontent among younger generations, communication gaps, changing gender roles, and the strains of fast-paced lives. These factors contribute to relationship difficulties, prompting couples to seek legal assistance in resolving marriage problems.

The changing landscape of marriage is further influenced by women joining the workforce and gaining financial independence. The shift from joint to nuclear families has intensified the pressure on working couples, leading to an increasing number of marriages ending in disputes and divorces.

Conflict is an inherent part of any relationship, and in healthy partnerships, couples learn to accept and resolve conflicts. However, in unhealthy relationships, various reasons contribute to marital conflicts, ranging from verbal and physical abuse to issues related to personal characteristics and behaviors. Marital dissatisfaction, extramarital affairs, problematic substance use, domestic violence, dictatorial behaviors, financial instability, and communication issues are common sources of conflicts in unhealthy marriages. Infidelity, in particular, can lead to the breakdown of committed relationships. Recognizing these challenges and seeking constructive solutions is crucial for maintaining a healthy and fulfilling marital relationship.

Legal Separation/Divorce

The term “divorce” originates from the Latin word ‘divortium,’ meaning to turn aside or separate. Divorce constitutes the legal termination of a marital bond. Historically, divorce was only pursued in extreme cases involving intolerable cruelty, desertion, mental illness, impotence/infertility, and infidelity. However, societal perceptions have evolved, and the social stigma once associated with divorce is diminishing. Divorce is no longer viewed negatively, and individuals who have undergone divorce are no longer subject to societal judgment.

Judicial separation, introduced by the Marriage Laws (Amendment) Act of 1976, signifies legal separation without the finality of divorce. It serves as a preliminary measure before the formal dissolution of marriage. Following issuing a decree for judicial separation, the party who initiated the legal process is not obligated to cohabit with their spouse. The aggrieved party can file a petition on grounds specified in divorce provisions. If there is no resumption of cohabitation for one year or more after the judicial separation order, the couple may proceed to apply for a divorce.

Restitution of Conjugal Rights

The entitlement to consortium is indeed a crucial aspect of the marital bond. When one spouse unilaterally leaves or withdraws from the company of the other without reasonable cause, it can create significant distress for the aggrieved spouse. In such cases, the aggrieved spouse may seek court intervention to address the situation.

The concept of restitution of conjugal rights aims to restore a relationship that has become estranged for various reasons. It is a legal remedy sought by a spouse who wishes to reconcile and resume marital life with their partner. The underlying idea is to encourage reconciliation and the restoration of marital harmony.

Restitution of conjugal rights typically involves a court order directing the erring spouse to return to the matrimonial home and fulfill their marital obligations. However, it’s important to note that while this legal remedy exists, its effectiveness in restoring the relationship depends on the willingness of both parties to reconcile and address the underlying issues causing the estrangement.

Matrimonial Dispute Resolution – Family Courts

Family courts operate as specialized civil courts that deal exclusively with various aspects related to marital relationships. These include the dissolution of marriage, declaration of marital status, determination of ownership of properties of the parties involved, issuance of interim injunctions arising from marital relationships, declaration of legitimacy, guardianship, custody or access of minors, and suits for maintenance. Family courts also entertain applications for granting a divorce decree under various Acts.

Matrimonial litigation represents a challenging and distressing experience for parents and their children. Beyond the emotional turmoil, it introduces legal, social, and practical complexities. Regrettably, resorting to ordinary court procedures remains the only avenue for parties seeking relief from an unhappy and intolerable relationship.

Centuries of gender-biased laws and oppressive social practices have historically deprived Indian women of justice and fundamental human rights. The Family Courts Act of 1984 emerged as part of ongoing legal reforms addressing gender-related issues. The Act aimed to facilitate the resolution of family disputes through a specialized forum designed to operate expeditiously, justly, and with an approach prioritizing the maximum welfare of society and the dignity of women.

Alternative Remedial Methods

1.Mediation: Mediation serves the purpose of facilitating an agreement between two or more disputants. The key distinction lies in the fact that the content of the agreement is determined by the parties involved, as opposed to being imposed by an external third party. Mediators, who are impartial professionals, employ appropriate techniques and skills to foster or enhance dialogue between disputants, with the ultimate goal of assisting them in reaching a mutually agreeable resolution.

The context of divorce represents a potential minefield, impacting not only the parties directly involved but also their children and extended families.

2.Marriage Counseling: Marriage counseling provides an effective avenue for discerning the best course of action. A marriage counselor aids the parties in improving communication and introduces innovative approaches to conflict resolution. Counseling is a valuable method for addressing marital disputes, with studies indicating that couples, following counseling sessions, experience increased confidence and a heightened sense of responsibility. In divorce counseling, the initiator is afforded a secure space to articulate the irrevocability of their decision. At the same time, the other spouse is allowed to express their feelings about the divorce and the overall relationship.

3.Premarital Counseling: Premarital counseling, a specialized form of therapy typically administered by marriage and family therapists, identifies and addresses potential areas of conflict in a relationship early on. The objective is to tackle these issues before they escalate into serious concerns and to equip partners with effective strategies for discussing and resolving conflicts.

Impact on Children: Divorce constitutes a profoundly painful experience that disrupts the lives of both partners, particularly when children are involved. Unhealthy relationships and marriages have substantial negative consequences for each member of the couple and exert a considerable impact on their children. Most significantly, the stability, security, loving and understanding care, guidance, and warm and compassionate relationships crucial for a child’s character, personality, and talent development are significantly jeopardized after a divorce.


Marital conflict arises when a couple’s needs, desires, and wants go unfulfilled, often exacerbated when individual self-interest takes precedence. The impact of marriage disputes extends beyond the couple involved, affecting their families and posing a significant threat to the well-being and future of their children, who often bear the brunt of this distressing event. Given these implications, it becomes imperative for the legal system to focus on minimizing divorce situations.

Challenges in life are growth opportunities, and whether one succumbs to difficulties or confronts them with a positive mindset is a matter of personal choice. Embracing adjustment and a willingness to sacrifice for each other can pave the way for restoring a harmonious relationship. Consequently, preserving marriage should be regarded as a priority, recognizing it as a fundamental and crucial institution within society. By prioritizing the unity of families, society can contribute to its members’ overall well-being and stability.