Author Fazaa Shroff Garg answers frequently asked questions on divorce and addresses the ancillary issues such as alimony, child support and custody in her first book
It took me almost two years to compile the book Breaking Up, Your Step-By-Step Guide To Getting Divorced. Being an amateur at the time, I understood the importance of breaking the information down into simple blocks. A non-threatening and non-intimidating product is what I was aiming for. This was so, since legal jargon tends to make people jittery. The first category was to explain the process of divorce, then highlight the grounds under all the religions as per their personal laws, then address the ancillary issues such as alimony, child support and custody. Adding useful tips, check lists, case studies based on renowned lawyer Mrunalini Deshmukh’s clientele, and finally frequently asked questions and advice sections.
There are books that give tips to mend broken marriages. How is Breaking Updifferent from the restIJ
This book is to be treated by the reader as a pick me up consultation. It is about divorce and the ancillary issues like alimony and child support which is called Maintenance and Child Custody. It deals with a wide array of questions that could be in the mind of the reader which we try to answer. There are lots of case studies shared which the reader may identify with along with the advice on the lesson learned at the end of the day. It also offers the readers with all the information they require on the laws that apply to them and the procedure in the Indian courts — all in the book. Therefore the reader can identify the problems, look for possible solutions, follow which laws apply to the reader and even get familiarised with the process before they decide to engage an advocate.
What prompted you to pen down this bookIJ
Mrunalini Deshmukh offered me the opportunity to work on it as she did not have adequate time to spare, given her packed schedule. It was a wonderful project and challenging. I had to interweave the law for different religions, vett case studies and formulate the frequently asked questions section. The hardest thing, by far though, was drafting it in a manner that was easy to read and comprehend for a layperson. My contribution to this project is a tribute to my senior and mentor and I am ecstatic that she was pleased with the outcome.
How many case studies have you addedIJ Would you like to share some special casesIJ
The case studies are entirely from Deshmukh’s clientele and her 17 years of experience. Every case has had its own peculiarities as each individual is different so is each case. However, what prompted my entry into this field of family law was the divorce of my Maasi who is extremely dear to me and for no fault of hers. This made me realise the importance of being in this field and contributing towards helping people with their problems.
Studies reveal rise in divorce cases. What according to you are the key reasons for itIJ
I’ve been in the profession since last four years and there is an increase in couples seeking a divorce, from the time I started. There has definitely been a dramatic spike in the number of divorce cases. It tells us that we are taking the institution of marriage for granted and that we today, have a lower threshold for tolerance and patience.
You have mentioned in the book that couples hire private detectives to investigate cases. Also they hack social networking sites and mobile messages to keep an eye on their spouse. Is mistrust, a major reason of divorceIJ Does police takes action on those trying to hack their partner’s emailsIJ
Well yes, mistrust is definitely one of the major causes for divorce. Most of the times, the person’s suspicions are not unfounded. When a private investigator is hired it is within the means of the law. As far as hacking etc is concerned, if the cyber crime cell and the police are involved and requested to take action they will. Today, people have found extremely clever ways of providing the vital information to the courts — take for example Facebook, the popular social networking site, if a spouse feels that there is something to be worried about and is suspicious about their partners movements and company that he/she is keeping, they get the information from someone who is “friends” with them on this site. It so happens that this information is freely available and lawfully retrievable and then presented in the courts.
What are the fundamental questions that decide whether one is ready to take divorce or notIJ
The five fundamental questions are:
Is it absolutely impossible to make my marriage work or can we do with some professional help from a marriage counsellor, psychiatrist or therapistIJ
Is divorce my only optionIJ If yes, whyIJ
Do I honestly believe that it is time for me to end my marriageIJ
Am I ready to leave my spouse and live my life without him/herIJ
Am I prepared to put my children through the trauma of a separation and divorceIJ
If your answer to all these, apparently simple but extremely weighty, questions is yes, you know you are ready to consider and file for divorce.
Not many know about good lawyer when it comes to divorce...
Before you can sign on a good lawyer, it is important to do some independent research about lawyers. Ask around, surf the web and make a list of a few lawyers who you would want to consult before deciding which one to retain.
Make a list of all your queries and take them to your first consultation with the lawyer. The list makes the first meeting clearer and more effective.
Consult with other lawyers as well for their view on the matter. A second and even third opinion will help you take the final decision on hiring the lawyer. This also helps you assess your rapport with different lawyers.
Ensure that you trust your lawyer completely and are confident that he/she will have your best interests in mind.
It is extremely important to feel comfortable with your lawyer as you will be sharing your innermost emotions, information and troubles with him/her.
Once, you have established who your lawyer is going to be — retain that lawyer.
Divorce procedures take years to complete. Have you given tips to wrap them up earlyIJ
The best tip is to sort out differences mutually and file a Mutual Consent Divorce Petition, which takes six months to come through. Other than that — if the matters end up going the contested route it does take some time before parties come to a realisation that settling mutually is the best option.
Have you covered divorce laws of all religionsIJ What challenges did you face as a divorce lawyerIJ
The most important challenge was not getting into too much legalese and keeping it simple for the general public. At the same time, it had to have solid data and be informative otherwise how would anyone benefit from the bookIJ Another challenge was that I had to compile all of the laws together and give detailed illustrations that men and women from all religions alike, even NRI’s and people who have married non-Indians, whether they have children or not — can take something away from this book. Yet another challenge was writing all the case studies with the lesson learned at the end of the day and coming up with the frequently asked questions that would satiate the mind of the curious reader. The additional challenge was giving a decided flow to the material so that it connects and is easy to use and read for the general public.
In a divorce case, it is the children who suffer the most. Is it true that mostly mother gets a child custodyIJ
It is true that the children suffer the most but if the children are of a tender age, that is below the age of 12 — the courts are likely to favour the mother. However, if the father can prove that he is a better custodian and caretaker of the child and the mother is not capable — then the courts will consider the situation before pronouncing their decision. Also, if the child is a girl child the courts tend to favour the mother.
As far as alimony is concerned — it is the right of a woman to be maintained at the same standard of living that she is accustomed to. However, if she is working and having an income of her own that does not entitle her to claim the same quantum of maintenance as she could have claimed were she unemployed. Everything is taken into consideration — household expenses, domestic staff, utilities, miscellaneous expenses and leisure expenses.
Each case has different facts and the outcome is largely dependent on how the facts of the matter are presented.
Do you think there is a need to modify present divorce lawsIJ
As far as changes in the legal system in India are concerned I believe we need to introduce concepts like joint legal custody of the children, equitable and proportionate distribution of marital assets, introducing irretrievable breakdown of marriage as a ground for divorce and also to introduce pre-nuptial agreements which can become an executable document to cut down on time, efforts, emotions and cost of the litigants.
I’m still undecided on whether “irreconcilable differences” should be made a ground for divorce as we could very well have every single person filing under that and for women from modest backgrounds without the wherewithal to contest the proceedings this provision doesn’t offer them a fair chance.
Truthfully speaking the time is ripe for a Uniform Civil Code. A uniform civil code administers the same set of secular civil laws to govern all people irrespective of their religion, caste and tribe.
This supersedes the right of citizens to be governed under different personal laws based on their religion or caste or tribe. The common areas covered by a civil code include laws related to acquisition and administration of property, marriage, divorce and adoption.