In family matrimonial conflict weakens the relation between the members of the family. It leads to destructive ways of handling conflict diminishes family system.
The divorce in result of matrimonial conflict, divorce has grown significantly over the past half century.
The part few decades has witnessed dramatic changes in family life in all industrial society.
There has been an act burst of matrimonial disputes in recent times.Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully.
Disorganization of the family does not end with divorce or desertion. This crisis is the final outcome of the long process of family disorganization. But it is final in the sense that it represents a formal break in a previously intimate relationship. Both husband and wife have to adjust to the new situations. If there are children, their lives must continue in new and strange circumstances. Thus, many consequences follow from divorce.
A certain degree of moral turpitude is often bestowed on the parties in divorce, on the ground that one or both must have committed an immoral or at least an undesirable act. Divorced persons, therefore, often have a sense of guilt, either conscious or in conscious, which complicates their reactions to other persons, whose attitudes in turn are coloured by moral condemnation. When the divorced person is viewed suspiciously by many righteous persons, his difficulties in readjustment are considerably increased.
Divorce also represents a fundamental change in role and status for all concerned. This change may bring crisis in their lives. Only those with a strong and well integrated life organization may survive it with comparative ease. But one has to adjust to the new situation. The preliminary attempt at readjustment is naturally along the line of former behaviour patterns, formal ways of defining the whole situation. But this reversion is never wholly successful largely because of its incomplete character. An entirely new life organization must be worked out, which takes into consideration all of the manifold factors in the new situation.
It is just possible that even before desertion or divorce many such persons may have developed symptoms of personality disorganization as a resultof emotional crisis to which they have been subjected. These Psychological manifestations include suppressions, regressions, ambivalent motivations, blockages, cleavage between lust and love, loss of self-confidence and ambition, doubts, indecision, nightmares, morbidly transferred attachments or aversions all these and more. Such persons may face further crisis after the desertion or divorce.
Indian Social Problems (Volume 1)
Page No : 380 to 381
The family is a part and parcel of the society. Without family no society will exceeds. The family is a group of people sharing food, shelter and living with we feeling. The present modern world family means husband, wife, son and daughter. Due to various reasons conflicts arises among husband and wife which leads to family disorganized. The major matrimonial conflicts are problem of adjustment of husband and wife relationship, problem of sexual adjustment, marriage based on love, laxity in family control and family conflict. People do not exist in vacuum. They live, play, go to school, work and interact with each other. Most Sociologists agree that, next to their peculiar tendency to think and use tools, one of the distinguishing characteristics of human beings is that they are social creatures. The social group that seems to be most universal and pervasive in the way it shapes human behaviors is family. The family is not just a collection of individuals. It is a whole larger than the sum of its parts. In family life matrimonial conflict weakens the relationship between the members of the family. It leads to destructive ways of handling conflict diminishes family system.
The divorce is the result of matrimonial conflict. Divorce has grown significantly over the past half century. The past few decades have witnessed dramatic changes in family life in all industrial society. The research needs to specifically identify the magnitude of the effects of matrimonial conflict because so many factors contribute to it. We cannot solve the problem of the family without knowing the root cause of it. So the theories are important to solve the matrimonial conflict.
Theory is a set of interrelated concepts used to describe, explain and predict how family and its members are related to each other. Without theories sciences would be a futile exercise in statistics.
Over the years researchers have found the necessity to develop theories of behavior that are specific to family settings. There are many grand and smaller theories that have been applied to families such theoriesare human ecology theory, moral development theory, psycho social theory, psychoanalytic theory, social exchange theory.
Following cases are handled by our Advocates
All Civil Suits pertaining to Partition Suits.
Specific Performance Suits
Suits relating to Partnership
Rent Control Cases
Issues relating to House-owner and Tenant
Fixation of Fair Rent etc., is handled by shanmugam Associates
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People have become aware of the fact that the traditional method of resolving legal disputes through the court, have become too expensive, slow and a cumbersome process. Therefore the techniques of alternative disputes resolution becomes necessary to help the people to resolve their disputes expeditiously.
Mediation : A Which aims to assist two or more disputants in reaching an agreement.
Lokadalat : A It means people’s court.
Conciliation : A Bringing two opposite sides to reach a compromise.
Arbitration : A Resolution of disputes outside the court.
We act as a mediator to facilitate the resolution process,but does not impose the resolution of the parties.Participation of the parties are voluntary and we act as a conciliator/mediator to reach a compromise. We promise to maintain the partie’s fundamental interest and confidentiality at any cost.
Our team of associates also provides service to labor, industrial and service related issues such as Labor management disputes, industrial unrest, employment and service contracts,appointment,service conditions of labor, payment of minimum wages, bonus pension, gratuity and medical allowences,payment of compensation to the workmen who suffered during the course of employment, disciplinary actions, conducting domestic enquiries, questioning and defending the terminations, promoting the employees, workmen and staffs in the industrial establishments and government service of both sate and central in the Labor Court Labor Welfare Officer, Conciliation meetings convened by the Labor Commissioner, High Court and Industrial Tribunal and Administrative Tribunal.
A person does not become an owner of the property by mere mutation of a property in the revenue record which does not create or extinguish title nor has it any presumptive value on title. It only enables the person in whose favour mutation is ordered to pay the land revenue in question. Mutation entry in favour of any person did not convey any title on him.
In property law, a title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the property may be separated and held by different parties. It may also refer to a sale deed, that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person.
Title is distinct from possession, a right that often accompanies ownership but is not necessary sufficient to prove it. In many cases both possession and title may be transferred independently of each other. For real property, land registration and recording provide public notice of ownership information.
Having the legal opinion over the title of the property is the best way to establish the authenticity of ownership over the property.
We also deal in criminal case related to Custom, Central Excise Prosecutions, Prevention of Corruption act, white collared economic offences including the offences against the state as defined in the Indian Penal Code. Negotiable Instrument act, private complaints like domestic violence, women harassment, defamation cases are also dealt with by us and appeal before the appellate courts.
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The Corporate & Commercial team of shanmugam associates has advised on a number of diverse transactions. Members of our team have acted on behalf of venture capitalists, private equity funds, banks, financial institutions, acquirers and sellers in transactions. We have provided on-going support to our clients at all stages of a company’s activities from incorporation, business development and restructuring. Further, we have also represented clients in structuring, drafting, negotiating and finalizing of transaction documentation.
Divorce – Dissolution of Marriage – Merely because parties where living separately under same roof and had no cohabitation will not give rise to cause of action for desertion.
Decree of Divorce – Ex-parte order – Ground of cruelty – Husband Primafacie not proving cruelty by wife – Decree liable to be set aside.
Divorce – Husband and wife living separately for more than 7 years – Irretrievable break down of marriage is no ground for grant of decree of divorce.
Order 39 Rule 1,2 – Interlocutory orders – Violation of, to be viewed seriously – Defiance of interlocutory or interim order would have deleterious effect on rule of law.
Divorce-cruelty-Both husband and wife leveling allegations of cruelty against each other – wife alleging cruelty on ground of demand of dowry – filling various complaints against husband and family members with exaggerated allegation – Failing to prove any manhandling or beatings for such demand – wife implicating all family members of husband residing at different places in various criminal cases – Intention of wife is to harass and pressurize husband and his family members – husband entitled to divorce on ground of cruelty.
Divorce-Ground, cruelty and desertion by wife – wife wanting to reside with husband at his work place – Not intending to reside with family members – wife visiting parents house without consent of parents of husband -Does not amount to cruelty or desertion.