Divorce Cases on Rise in Summer Capital
Syed Rufaida (Rising Kashmir)
Srinagar: The frequency of cases related to divorce and division of joint families into smaller units has witnessed a sharp incline in Sadder Court Srinagar over the past two years, lawyers say. They say joint families are fast giving way to smaller and fragmented units in the social set up of Kashmir.
Senior advocate, Ajaz Dar said that in Sadder Court Srinagar, more than eight cases are registered every day under section 488, in which girls demand separate homes and refuse to live with their in-laws. He said the nuclear families have become a trend and forms the base of most of the cases registered in the court under 488 CrPC.
“80 per cent cases every year registered under section 488 are listed to get separate homes. Females allege that they are harassed, because they cannot fulfill demands of their in-laws. They (women) use dowry as the reason to fulfill their demands, while as in reality they are neither harassed nor tortured but want to get rid of their in-laws,” said advocate Rukhsana Khan. She said it is a “grave” situation and needs immediate attention of one and all. “Rising concept of nuclear families is paving way for establishing more and more old age homes in city.”
Lawyers at Sadder Court feel the judges can play a key role while dealing with such cases, so that least divorces take place. They feel reconciliation is the best way to deal with such cases and it can help to maintain the balance. “Females are satisfied even after getting divorce because they get maintenance charges from their husbands every month,” Ruksana said. She added that if judges would decline the maintenance charges, a compromise would be the first priority. “Misunderstanding is the only cause of such disputes between a couple. Reconciliation is the best way to deal with such cases, but petitioner (female) never compromises. Marriage that was considered as pious relation, now regarded as a deal and turned materialistic,” added Rukhshana.
While discussing cases filed under section 488, advocate Hashmat Ali said that besides surge in post-marital disputes in Srinagar, more and more premarital disputes are coming up. “At least 4-5 such cases are registered every month. These are exceptional cases we are coming through and they have created a question mark over the development of our society,” he said adding just after the Nikah ceremony, rifts arise between families and cases come to the court.
Lady advocates working in Sadder Court said that coming across such cases several times a day affects their mind and they feel insecure. “Every day I come across such cases and it disturbs me a lot. I keep on thinking that what is going to happen with our society,” said a lady advocate wishing not to be name.